iOMBON CODK- r^i^'^t^ h^. -^ *c'--^.vfe' "■^^'w-: ^.^ ^^'K %m.^ ^<^*.' J»I!tiL% '^ Nb. ■ Miit lift *L£^ y ^ tfiT 7>U ■ i I .-^ '^ .,. -^^A 9-// HISTORY OF Bourbon County, KANSAS. TO THE CLOSE OF 186S. By TV F. R O B L E Y. FORT SCOTT, KANSAS. 1894. Copyright: By T. F. RoBi^EY, Fort vScott, Kansas. 1894. PRESS OF_ The Monitor Book & Printing Co., ' Fort Scott, Kansas. CK I fi? INTRODUCTION. J FN preparing this book I have departed in many par- B ticulars from the ordinary course and established custom of compilers of county histories. I have endeavored to give the causes which led up to our ^ early troubles, and to delineate, to some extent, the public sentiment and feeling of given periods. I have kept in touch with the various Territorial Gov- ernments, Administrations, Legislatures and prominent public men, in order that the reader may have an intel- ligent understanding of the situation. I have intended this book to be of refreshing interest to the old settler, and to be especially interesting and instructive to the young men and women of Bourbon County. T. F. ROBLEY. Fort Scott, Kansas, December, 1894. SYNOPTICAL INDEX. PAGE CHAPTER I.— Louisiana Purchase— Missouri Territory— Mis- souri Compromise — Platte Purchase — Santa Fe Trail — Cherokee Neutral Lands — New York Indian Lands 8 CHAPTER II.— Fort Scott Located— Colonel H. T. Wilson- Sergeant John Hamilton — Military Road Completed — Bar- racks Erected — Relics of a Past Era 17 CHAPTER III.— Annexation of Texas— Mexican War— Wilmot Proviso — Compromise of 1850 21 CHAPTER IV.— 1853- Postof Fort Scott Abandoned— Some of the Early Settlers of Bourbon County— Time from 1854 to 1855 — Description of Frontier Life — Climate — Indian Summer 29 CHAPTER v.— 1854— Mill of the Gods— Kansas-Nebraska Bill — Kansas Territory Organized 33 CHAPTER VI. -1854— First Governor— First- Elections— First Fraud — First Legislature — Bogus Statutes — Samples of Legislation — Government Buildings Sold 42 CHAPTER VII. — 1855 — Bourbon County Organized First County Officers— Neutral Lands in Bourbon County — Fort Scott Incorporated as a Town — More Elections — Second Governor — Political Atmosphere of Bourbon County 53 CHAPTER VIII— 1856— Tone of Pro-slavery Papers— Topeka Constitution — Trouble Commences— Texas Rangers — Expe- dition to Middle Creek— Topeka Legislature — Governor Shannon Resigns — Governor Geary Appointed— Territorial Legislators for Bourbon County— Close of 1856 60 CHAPTER IX.— 1857.— Bourbon County Officials— New Towns — Sprattsville— Mapleton — Rayville— Means of Communi- cation 64 vi SYNOPTICAL INDEX. PAGE CHAPTERX.— 1857— Some More Politics— Dred Scott Decision — Slaves in Bourbon County— Governor Geary Resigns — Governor Walker Appointed— More Immigrants — Fort Scott Town Company — U. S. Officers — Tenderfeet — Free State Hotel 77 CHAPTER XI.— 1857— Public Sentiment— Lecompton Consti- tution — Election of October 5, 1857 — More Trouble — Squatter's Court — Protective Society 86 CHAPTER XII.— 1857— The Conservatives— U. S. Troops at Fort Scott — First Election on Ivccompton Constitution — Close of 1857 90 CHAPTER XIII.— 185S— The Second Election on Lecompton Constitution — First Newspaper Established - First Grand Ball — Trouble Begins Again — Object Lesson in Surgery — Origin of Jayhawker 96 CHAPTER XIV.— 1858— First Manufactory in Fort Scott- Marmaton Town Company — Uniontown — Leavenworth Constitution — English Bill — Jayhawking Reduced to Plain Stealing — Fight with U. S. Troops 104 CHAPTER XV.— 1858— Some Old Settlers of 1858— Improve- ments Begin — Border Ruffians have an Inning — Marais des Cygnes Murder — Efforts at Capture — Effects on the Border —Feeling Against Fort Scott 114 CHAPTER XVI.— 1858— Public Meeting- Election by"Tail- ment" — Meeting at Rayville — Protocol of Peace — Mont- gomery Sized Up 119 CHAPTER XVII.— 1858— Some More Arrivals— After the Am- nesty — Improvements Continue — Exit Lecompton Consti- tution — Kansas is Free 125 CHAPTER XVIII.— 1858— Territorial Election Governor Den- ver Resigns — Samuel Medary Appointed — Amnesty Broken — Ben Rice Arrested — Meetingat Rayville — Release of Rice —Death of John H. Little 133 CHAPTER XIX.— 1859— Militia Organized— Jayhawkers Cap- tured — Lawrence and Fort Scott get Acquainted — Amnesty Law — County Seat Moved— Preparing for Another Consti- tution—An All Around Good Year 141 SYNOPTICAL INDEX. vii PAGE CHAPTER XX — 1859— Delegates to W3'andotte Convention — Big 4th of July — Grand Ball— Fort Scott Democrat Revived — Vote on the Wyandotte Constitution — Other Election Items . . 146 CHAPTER XXI.— 1860— Legislature Meets— Dayton Incor- porated — Fort Scott Town Company Incorporated — Fort Scott Incorporated as a City — First City Election — County Election — Last Border DiflSculties — Law Inaugurated. .... 151 CHAPTER XXII.— 1860— Arts of Peace— Population— First Fair Association — N. Y. Indian Lands— ^Neutral Lands — Troops Arrive — Land Sales — The Great Drouth 160 CHAPTER XXIII.— 1861— Kansas Admitted— State Govern- ment — City Affairs — Impending Crisis — Public Meetings — War — War Feeling in Bourbon County — First Troops Or- ganized 168 CHAPTER XXIV.— 1862— Fort Lincoln Fortified— Troops Con- centrated — -Battle of Drywood — 6th Kansas — Fort Scott a Military Post — More Politics 1 74 CHAPTER XXV.— 1862— Movement of Troops— Various Items —Fall Elections 178 CHAPTER XXVI.— 1863 -County Seat Returned to Fort Scott —City Hall— Elections— County Officers 182 CHAPTER XXVIL— 1864— Political Feeling— Fortifications — Raids on Drywood — Railroads — Politics — Price Raid — Raids by Guerillas — Marmaton Massacre — Fort Scott in Suspense — Public Meeting— General Election 198 CHAPTER XXVIII.— 1865— Lincoln— City Election— Muster Out — The Schools— Business and Improvements— Fall Elec- tion — Statistics — Population — The Close 210 HISTORY OF Bourbon County, Kansas, By T. F. ROBLEY. CHAPTER I. THE LOUISIANA PURCHASE. iNE of the most important events in the history of ^^ the United States was the purchase of Louisiana Territory from the Republic of France. The treaty of cession was concluded at Paris on the 30th day of April, 1803, by and between the min- isters of President Thomas Jefferson and Napoleon Bonaparte, then First Consul of France. The far- reaching effects of this cession on the future of the whole civilized world, and its immense advantages to the United States as a Nation, can scarcely be realized. By this acquisition the United States added to its terri- tory 1,160,577 square miles to the 820,680 square miles of the original thirteen colonies, for which it paid a sum amounting to less than twenty million dollars. By this acquisition it added a grand inter-oceanic zone. 2 HISTORY OF BOURBON COUNTY. reaching down from the rugged coast of the North Pacific to the crescent shore of the Gulf; down from the regions of eternal snows to the clime of eternal flowers. The Republic moved at once into its place on the map of the world as a Power of the first class — a Nation with a big N. This was one of the few grand victories won by the pen instead of the sword. Conceive, if you can, the consequences if President Jefierson, without the authority of Congress or of con- stitutional law, had failed at the supreme moment to say, in eflfect, to Bonaparte, '■'■VEtat c' est mot.'''' "I will take it." England would undoubtedly have taken it from France as she had successively taken Canada, Cape Breton, New Foundland, Nova Scotia and portions of Asia, and as she finally from Napoleon "wrenched the the sceptre with an unlineal hand." The fear that this territory would ultimately fall into the hands of Eng- land, coupled with his great need of money at that time, induced Bonaparte to make the proposition to Jefferson to sell the entire province, just as he had acquired it only a short time previously by retrocession from Spain. And Jefferson, realizing its vital import- ance to his country, and also the danger of delays, at once closed the bargain on his own responsibility, as has been seen, without the authority of the constitution, which made no provision for incorporating foreign territory, without the authority of Congress, which was not then in session, but by an act as arbitrary and auto- MISSOURI TERRITORY. 3 cratic as could have been done by the Czar of Russia. On that subject Jefferson himself wrote : "The less that is said about any constitutional diffi- culty the better. Congress should do what is necessary in silence. I find but one opinion about the necessity of shutting up the Constitution for some time." Nevertheless, for that act alone, if for no others, future generations of his countrymen will place his statue the very next to Washington's in the line of historic marbles. The territory was bounded on the east by the Missis- sippi river south to the 31st parallel — about one degree north of the city of New Orleans — thence east to the Pardido river, which is now the west boundary of Florida. The west country was the east and north boundaries of Texas to the looth meridian ; thence north to the Arkansas river ; thence along the Arkan- sas river to the "divide" of the Rocky Mountains to and along the io6th meridian, to and along the 42nd parallel to the Pacific ocean. The north line being the present boundary between the British Possessions and the United States. MISSOURI TERRITORY. In 1812 the territory then known as the Territory of Orleans was admitted into the Union as the State of Louisiana, and by act of Congress in June, 181 2, the balance of the Louisiana purchase became the Terri- tory of Missouri. In March, 1819, the Territory of Arkansas was created. 4 HISTORY OF BOURBON COUNTY. MISSOURI COMPROMISE. By act of Congress known as the Missouri Compro- mise, approved March 6th, 1820, the Territory of Missouri was erected with a view of admission as a State. Section 8 of that act provided that in all territory north of 36 degrees and 30 minutes north latitude, not included within the limits of the contemplated State of Missouri, slavery should be forever prohibited. PLATTE PURCHASE The west boundary line of the State of Missouri, as designated by that law, was as it now exists, except that from the mouth of the Kaw river the line ran due north to the Iowa line, instead of the Missouri river forming the boundary as now. This territory between the due north line and the Missouri river was known as the "Platte Purchase." In June, 1836, Congress passed a law adding the Platte Purchase to Missouri, and this tract of land became slave territory, in direct violation of the compromise of 1820. SANTA FE TRAIL. By an act of Congress of June, 1825, Major Sibley, of the United States Army, was appointed to survey and establish a wagon road from Independence, Mis- souri, to Santa Fe, New Mexico, known as the Santa Fe Trail. This was the first highway of civilization to penetrate this then unexplored and silent desert. CHEROKEE NEUTRAL LANDS. 5 And this within the memory of our old men ! But we will go into no retrospect here. Get on a Santa Fe train, which passes over subtantially the survey made by Major Sibley, and the retrospect will come to you much more forcibly than it can be written. Consider that, then the valleys of the Kaw, Marias des Cygnes, Neosho, Marmaton and Paint Creek were the favorite hunting grounds of the Osages, Cheyennes and Arapa- hoes. The wolves, deer, antelope and the migratory buffalo roamed the wild prairie unfettered by wire fence and unbalked by railroad crossing. And that only seventy-five years ago. Even thirty years ago they had not yet departed from the now confines of Wichita's additions. CHEROKEE NEUTRAL LANDS. About 1825 t^^^ government began locating the various tribes of the more nearly civilized Indians from the East and South on reservations, by cessions, trades, treaties, removals and retrocessions, up to about the year 1852. In 1828 a treaty was made with the Cher- okees, of Georgia, by which they were given the terri- tory known as the Cherokee Nation, with a promise also of the payment of $450,000. But this money was never paid them, and in 1835 a supplementary treaty was made by which they were granted, in lieu of said sum of money, a tract of land bounded and described as follows : " Beginning at the northeast corner of the Cherokee Nation; thence north along the Missouri state line fifty miles; thence west twenty-five miles; thence south fifty miles; thence east to the place of beginning." 6 HISTORY OF BOURBON COUNTY. This tract, twenty-five by fifty miles was intended to contain 800,000 acres. This grant has always been known as the "Cherokee Neutral Lands." It is said that the reason it was so called was that the Cherokee Nation was slave territory and the Cherokees being slave holders, they preferred to have neutral ground between their nation and the free territory north of 36° 30', as provided for by the Missouri Compromise. Consequently, instead of the money due by the provisions of the treaty, they chose in lieu thereof this "Neutral Land" as a bulwark asfainst freedom. As these lands were partly contained in Bourbon County, occasion will be taken to refer to them further along in regular chronological order. NEW YORK INDIAN LANDS. On January 15th, 1838, the government set apart to the various tribes of New York Indians a tract of country described as follows : "Beginning at the west line of the State of Mis- souri, at the northeast corner of the Cherokee tract and running thence north along the west line of the State of Missouri twenty-seven miles to the southerly line of the Miami lands; thence west so far as shall be nec- essary by running a line at right angles and parallel to the west line aforesaid to the Osage lands, and thence easterly along the Osage and Cherokee lands to the place of beginning; to include 1,824,000 acres." This land was intended as a future home for the In- dians of New York. These various tribes of New NEW YORK INDIAN LANDS. 1 York Indians, consisting of the remnants of the Sene- cas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regis, Stockbridges, Munsees and Brothertowns, were called the "Six Nations." As will be seen the balance of what is now Bourbon County was contained within this tract of New York Indian lands. But it was never occupied by the tribes mentioned, there having been but thirty-two allotments made to them of 320 acres each, which were all on the Osage river. As this tract was not a grant in fee simple, like that to the Cherokees, but designed to be allotted in severalty to individual members of the tribes, and as only thirty-two of them came west to receive their share, the remainder of the tract finally reverted to the United States. Ivieutenant' John C. Fremont in June, 1842, left Chouteau's trading post on the Marias des Cygnes river, in what is now Linn County, on his first expe- dition to the Rocky Mountains. He was accompaniedj by Kit Carson as guide. ' We now have a clear idea of the condition of things in this country — physically and politically — as they existed in that early day. The United States had acquired a clear and unquestioned title to the domain; many of the tribes of Indians in the Eastern and Southern States, who were in the way of the rapidly increasing population, had been given, and located on, large tracts of land in this worthless, sterile desert, totally unfit for the habitation of the white man, as it 8 HISTORY OF BOURBON COUNTY. was believed, where they could quietly work out their own extinction. The Nation was on a solid and enduring foundation; peace reigned supreme, and, better than all, the troublesome, vexatious and dangerous question of Af- rican slavery had, in the minds of all men, been settled peacefully, finally and forever. eJ^gil i-f- FORT SCOTT LOCA TED. CHAPTER II. FORT SCOTT LOCATED. N the year 1837, ^Y ^^ order of Colonel Zachary Taylor, a military Board of Commissioners, con- sisting of Colonel S. W. Kearney and Captain Nathan Boone, of the ist U. S. Dragoons, was appointed to lay out a military road from Fort Coffey in the Cherokee Nation to Fort Leavenworth on the Missouri river, and to select a site for a new Post to be located somewhere nearly midway between those two points, for the accommodation of the garri- son at Fort Wayne, a post then existing near the Arkansas line, about fifty miles south of the northeast corner of the Cherokee Nation, which it had been de- cided to abandon. In reference to the location of the new post, the commission reported much difficulty in fixing upon a site. Several points were examined along Spring river. Their first choice seems to have been at the place of Joseph Rogers, a Cherokee Indian, living near the present site of Baxter Springs. But Rogers thought he was in the midst of a " boom," and he asked them $1,000 an acre for what laud they would need of his claim. They were not authorized to pay any such iO HISTORY OF BOURBON COUNTY. sum, and considering also that it was more desirable to locate the site on land not granted to Indians, they moved on further north. Bearing on the question of the selection of a site, a copy is given of a letter from the War Department, as follows : "Mrs. H. T. Wii^son, Fort Scott, Kansas. Madam : Replying to your inquiry of the 6th inst. as to who selected the site of the military post at Fort Scott, Kansas, I have the honor to inform you that the site was selected in 1837 by a Board of Commissioners, charged with the duty of laying out a military road from Fort Coffey to Fort Leavenworth, consisting of Col. S. W. Kearney and Captain Nathan Boone, ist Dragoons. Their report will be found in H. R, Doc. No. 278, 25th Congress, 2d Session, which report is too lengthy to be copied. There was some considerable difficulty in fixing the site for the Fort Wayne garrison. The first point selected was at Rogers' place on Spring river, but was abandoned on account of the exorbitant price demand- ed by its owner. Several other points in the immedi- ate neighborhood, and up the Pomme de Terre or Spring River, to the State line were examined, but decided to be unhealthy. All the several points were examined by Captain Moore, and other sites in that vicinity had been previously examined by General Taylor; and it was only after these different sites had been determined as impracticable, that the position on the Marmaton, which had been previously recom- FOR r SCO TT L OCA TED. 1 1 mended by the Board in 1837, was finally decided upon as a site for the new post. I am, Madam, Very Respectfully, Your Obedient Servant, J. C. Kelton, Act'g Ass't Adj't General." Considerable time was now consumed, presumably in the process of red tape and in construction of the military road from Fort Leavenworth south, so that it was not until the 26th day of May, 1842, when the garrison of Fort Wayne abandoned that post and took up their march for the North. They arrived at the new site which had been selected on the Marmaton river on the evening of May 30th, 1842, where they pitched their tents and called it Fort Scott. These troops consisted of Captain B. D. Moore, in command, Lieutenant William Eustis, Assistant Sur- geon Dr. J. Simpson, and 120 enlisted men of compa- nies A and C ist U. S. Dragoons. This command was soon after ordered on to Fort Leavenworth, and were replaced here by a part of the ist Infantry. The officers with the infantry command were Major Graham, Captain Swords and Assistant Surgeon Dr. Mott. Concluding the subject of the location of Fort Scott, Adjutant General L. C. Drum of the War Department, writes as follows: "In reply to your letter of the 27th ultimo, address- ed to the Secretary of War, asking certain information regarding the early settlement of Fort Scott, I have the honor to inform you that Fort Wayne, in the 12 HISTORY OF BOURBON COUNTY. Cherokee Nation, was abandoned on the 26th day of May, 1842, and companies A and C, ist Dragoons, (which had formed its garrison) under the command of Captain B. D, Moore, ist Dragoons, three officers and 120 enlisted men, marched to and occupied the new site which had been selected on the Marmaton river, twenty miles west of Little Osage Posioffice, on the 30th of May, 1842, to which they gave the name of Camp Scott, changed later to Fort Scott. The only other officers present with the command on that day were Dr. J. Simpson, Assistant Surgeon, and First Lieutenant William Eustis. I have the honor to be Very Respectfullv, Your Ob' t Serv't, L. C. Drum, Adjutant General." An army sutler came with the ist Infantry named John A. Bugg, who, by virtue of his position, acted as postmaster. COL. H. T. WILSON. On the 13th of September, 1843, Hiero T. Wilson came up From Fort Gibson, where he had been located, and went into partnership with Mr, Bugg in the sutler business. They did business together until 1849, when Mr. Wilson bought out Mr. Bugg and he went to Cali- fornia. Mr. Wilson then became the sutler and U. S. Postmaster. Col. Wilson, as he was always called, was born in Kentucky on the 6th day of September, 1806. He went to Fort Gibson as sutler of that post soon after it was established, and remained there about nine years, COL. H. T. WILSON. 13 when he came to Fort Scott, as stated, in 1843. ^^ lived here continuously from that time to the time of his death, August 6th, 1892. He was married to Elizabeth C. Hogan, on the 28th of September, 1847. They had three children, Virginia T., Elizabeth C. and Fannie W. Virginia, the eldest daughter, now Mrs. W. R. Robinson, was the first white child born in Fort Scott. In Col. Wilson's residence in Fort Scott of nearly fifty years, he filled a prominent place in the political, social and commercial history of this part of the country. He saw the insignificant military station, and the wild and almost unknown surrounding coun- try, with few bona fide white inhabitants nearer than a hundred miles, pass through all the panoramic changes from extreme frontier life to that of high civilization. For many years his only associates were the few army officers of the garrison; their days were j)assed with few incidents or recreations, and at night they went to sleep to the monotone howls of the prairie wolf. After the Territory was organized Col. Wilson occu- pied many political positions, and although he was not what may be called active in politics, he was always consulted, and had great influence in the councils of his party. He was originally a Whig, and had great admiration for Clay and Webster, but after their day he associated himself with the Democratic party, and during the war was a strong Union Democrat. During the 6o's he was very active in promoting the organiza- tion of the various railway companies forming to build roads into Southern Kansas, and active in his efibrts to secure their construction to Fort Scott, which town 14 HISTORY OF BOURBON COUNTY. was always his pet and especial hobby. He was also actively engaged in large mercantile affairs until 1868, when he quit business. His life work was done. He passed the remaining days of his ripe old age in the peaceful calm of the home he had established so many years ago. SERGEANT JOHN HAMILTON. Sergeant John Hamilton of the Ordnance Depart- ment of the army, came with the first troops, served his term of enlistment and remained a resident of the town and country until after the war. He superin- tended the construction of a good portion of the military barracks, stables, etc., erected at Fort Scott in 1843 and 1844. The military road from Fort Leavenworth was com- pleted about 1843. The pike, or grade, like a railroad grade, was constructed across all river and creek bot- toms, and can still be seen across the Marias des Cygnes bottoms south of the Trading Post, and also across the Marmaton bottom at the Osbun farm northeast of Fort Scott. BARRACKS ERECTED. In the year 1843 preparations were made for the con- struction of quarters for the officers and men, and the necessary buildings for the quartermasters and com- missary stores, ordnance supplies, etc. A saw mill was erected about a mile up Mill Creek to be run by water power. This mill gave the creek its name. A brick yard was made near the mill. Then a detail of men from the BARRACKS ERECTED. 15 infantry was kept busy making brick, and sawing lum- ber from the walnut, oak an ash logs cut from the surrounding timber on Mill Creek and Marmaton, which was very fine. Large trees, from one to four feet in diameter were plentiful. A square called the Parade Ground, now called the Plaza, was laid off, containing about two acres of ground. It was evidently intended that the points of this square should be due north and south, and east and west, but they miscalculated by a few degrees. Around the northest side of the Plaza the buildings for the ofl&cer's quarters were erected. These consisted of four large double houses, 2^2 stories high, with frame-timbers of oak twelve inches square, walnut siding and oak floors. The doors, door frames, lintels, window^s, mantel-pieces, etc., were of two-inch walnut. The four blocks built for the ofiicer's quarters are still standing, as good as ever. They were built in the uniform style of architecture which prevailed at all military posts at that time,, and are very superior in construction. The most striking feature of these buildings is the broad porches extending along the entire front and also the rear of each, between the second and third floors, reached by broad flights of stairs at either end. The main roof projects and con- tinues down over them from the attic story, and is supported by seven large doric columns fourteen feet in hight. These columns were made of solid walnut logs turned down into perfect shape and then bored through the center lengthwise to prevent checking or cracking when the columns seasoned. 16 HISTORY OF BOURBON COUNTY. On the other sides of the Plaza, were the buildings for quarters for the men, hospital, guard house, stables, etc., and in the center of the Plaza was an octagonal brick building for powder magazine. A well 90 or 100 feet deep was blasted down on the Plaza, which fur- nished a fair supply of water. After all this work was completed the soldiers had but little to do, except an occasional scout, the guard- ing of supply trains, and their daily drill which took place sure., without fail, on all occasions and under all circumstances. The rest of the time until taps, they could play seven up, or perhaps straight poker. You may not quite understand what that extinct species of the game was. Well, they didn't draw. That was the Mississippi steamboat game you have heard so much about. It has been humed and will never, never be exhumed. But it was part of western life at that time, in the army, in the cabin on the prairie and in the "cabin'' on the river. RELICS OF A PAST ERA. Those Government buildings erected fifty years ago stand to-day, and will stand indefinitely, as the relics and emblems of a past era. The mind can hardly conceive the vast changes which have taken place in this country during the half-century since they were erected. At this line pf latitude the western limit of the United States was the Arkansas river instead of the Pacific ocean. The boundary line of the Nation was almost exactly 150 miles west of RELICS OF A PAST ERA. 17 Fort Scott. California, Utah, Arizona, New Mexico and Texas had not then been acquired. The country towards the setting sun west of the Missouri State line was called, in a general way, the "Indian Country." It was wild, desolate, silent, unknown. The people, even those living the nearest to it believed it to be a worthless barren plain, incapable of supporting a white population and fitted only for the home of Ind- ians and wild animals. These had possession then, and it was presumed they would never be disturbed. An occasional pioneer might " 'low it was gitten too much crowded" in his neighborhood, and move on a little further up the creek, but the idea of a general settle- ment of the country had not been considered. They concluded that the limit was about reached, and that the country was fringed with a frontier that would remain longer years than they took the trouble to think about. But war was soon to send the volunteer soldiers trailing across it, enlightening them by actual contact, and through them the people, as to the great possibili- ties of this region as a habitable country. The boundary lines were to be adjusted and this country, instead of being on the very outer rim, was to become the geographical center of the Nation. 18 HISTORY OF BOURBON COUNTY. CHAPTER III. ANNEXATION OF TEXAS — MEXICAN WAR. ■S'T?HE year 1844 passed without much incident bear- §Ml ing directly or indirectly on the future of this section of the country. The Republic of Texas was not yet quite ripe but it was rapidly maturing and would soon be gathered into the Union, and add its grand empire to the territory of slavery. This occurred the next year — 1845 — ^^^ with the annexation came the war with Mexico. The annexa- tion of Texas was the cause of the Mexican war. Texas claimed that its western boundary was the Rio Grande. Mexico claimed that it was the river Nueces. The United States "took the lawsuit with the property" and made it a pretext for a war which was essentially political and wholly unjustifiable. President Polk and his advisers saw in this war a prospect for still further acquisition of slave territory and the strengthening of the slave power. The acquisition of Texas had whetted the appetite of the Slave State men and the slavery prop- agandists; awakened the desire and renewed their deter- mination to absolutely control the future of the United States. A mere equilibrium in territory and power between the North and South was not enough. They WILMO T PRO VI SO. 19 must have such a pronounced advantage that hereafter their wish would be the law, subject to no make- shift of a compromise. The north half of the Louis- iana Purchase contained too many possibilities for free States, and the preponderance of territory must be gained now. It is not the design to enter into the details of that war, but to catch the spirit which actuated the already powerful and rapidly increasing following of John C. Calhoun. It formed one of the converging lines which at that epoch were beginning to sweep through the Republic, dividing and materializing public thought and action, and leading up to and educating the people to a realization of an impending crisis. One of the principal events of the war, however, which had a bearing on the future, was the winning by General Taylor of the battle of Buena Vista, by which he at once broke the back of the Mexican army and overthrew the Democratic party at home; for that battle made him — a Whig and a restrictionist — Presi- dent of the United States, and put a curb, for a short time, on their high ambition. But the additional ter- ritory so much desired was gained by the acquisition of New Mexico, Arizona and Utah, for which, by the treaty of February 2, 1848, $15,000,000 was paid to Mexico. WILMOT PROVISO. During the war, Aug. 8, 1846, President Polk made an effort to stop it by a money proposition to Mexico. 20 HIS TOR V OF BO URBON CO UN TV. He sent a message to Congress asking for an appropri- ation to pay for territory to be acquired. A bill was reported. David Wilmot, Hannibal Hamlin, Preston King and a few other Northern Democrats, who were not of those John Randolph called "Northern Dough- faces," held a caucus and decided among themselves that, inasmuch as Mexico had abolished slavery some twenty years before, all territory acquired from that country should come in free. Wilmot therefore offered the following proviso to the bill : '"'■ Provided^ That as an express and fundamental condition to the acquisition of any territory from the republic of Mexico by the United States, by virtue of any treaty that may be negotiated between them, and to the use by the Executive of the moneys herein appropriated, neither slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime, whereof the party shall be first duly convicted." This was the historic "Wilmot Proviso." The bill passed the House with this proviso, but was talked to death in the Senate and went over the session without a vote. And the two Whig generals, Scott and Taylor, went on with the war. The Democratic party at that time contained no gen- eral officer of the army who was regarded as competent to conduct the war. A bill was introduced and passed one house authorizing the President to place Thomas H. Benton at the head of the army. But Benton had too many personal enemies in Congress and in the Cabinet, and the bill was finally defeated. COMPROMISE OF 1850, 21 COMPROMISE OF 185O. Congress in 1850 resumed its efforts to organize the country acquired from Mexico into Territories but without success. The whole matter was finally referred to a committee of which Henry Clay was chairman. The report of the committee formed the basis of a compromise — sometimes called the "Omnibus Bill" — the chief features of which were the admission of Cal- ifornia as a free State, a territorial government for Utah and New Mexico, and prohibiting the slave-trade in the District of Columbia. After a protracted discussion, a bill to organize Utah was passed, but the other measures of the bill went over to the next session, when they were brought for- ward separately and became laws, and the wrangle of 1850 was thus compromised. The effect was to allay the excitement that had so much agitated the country. The minds of the people were lulled to rest, and as 1851, '52 and '53 passed over without more than a slight increase in the boil and bubble of the political cauldron, it was hoped by all and believed by many that the slavery question was NOT irrepressible. Outwardly, at least, all was quiet on the Potomac. 22 HISTORY OF BOURBON COUNTY. [1853 CHAPTER IV. THE POST OF FORT SCOTT ABANDONED. ^"J^ORT SCOTT was garrisoned until April, 1853. The troops were then withdrawn, and the post practically abandoned. The buildings were left in charge of a sergeant, who, it is said, had in- structions to permit their occupation by any re- spectable parties who would take care of them. At any rate, they were so occupied as fast as people came in. H. T. Wilson and John Hamilton and their families were at this time the only residents and consti- tuted the entire population of Fort Scott. Colonel Wilson had the only store in this section of country. It was in a story and a half log house situated near what is now Market Square, about half way between the head of Main street and the lower part of National avenue. The few squatters within a radius of thirty miles or more came here to do their trading, if they had anything to trade. If they couldn't do any better, they would trade stories about happenings "back yonder in Kaintuckey" or "Injianny," or whatever haven of rest they may have come from. SOME EARLY SETTLERS. There were, of course, but few settlors up to the time First Cabiu Built on the Osage. 15^44. Post Sutler Store. 1853] EARLY SETTLERS. 2S the Territory was opened for settlement in 1855. What few there were gravitated to the streams bordered with timber. They thought no claim was any account with- out a timber attachment. It is impracticable to give the names of all of the earliest settlers, or anything of their biography. Several of them left before and some after the border troubles began ; others before the war. Among the very first settlers was Isaac N. Mills, who located on his farm near Marmaton in 1854. He was born in Kentucky in 1830. W. R. Griffith also located near Marmaton in 1855. He came from Pennsylvania. He was the first Super- intendent of Public Schools. He died at Topeka, Feb- ruary 1 2th, 1862. Ephraim Kepley located on the Osage in 1854. He was born in North Carolina in 1825. He built the first cabin on the Osage river, in Bourbon county. Robert Forbes and his brother David settled near Dayton in 1854, from Illinois. D. T. Ralston, John Guttry, James Guttry, McCarty, Fly, Mitchell and Coyle located in what is now Marion township in 1855, J. W. Wells came in 1855 from North Carolina. Dr. J. R. Wasson, from Tennessee, located on the Osage in 1855. Bryant Bangness settled on Dry wood in 1855, from North Carolina. Wiley and Jacob Bolinger moved in on Mill Creek in 1855, from Missouri. Jacob Gross came in with the Bolingers and settled on Mill Creek in 1855. 24 HISTORY OF BOURBON COUNTY. [1853 William Hinton located on Osage in 1855, from Ken- tucky. Dr. T. K. Julian, from Tennessee, first visited Fort Scott in 1854. Then he and his son T. B. Julian came back to Bourbon county and settled near Mapleton in 1855. T. B. Julian afterwards moved to Uniontown. Joseph Oakley, from New York, settled on the Mar- maton near Fort Scott in 1856. He died after the war. Asa Ward moved in on Moore's Branch in 1856, from North Carolina. Josiah Stewart located on Mill Creek in January, 1856. His sons, John J. and Amos came with him. John J. Stewart has always taken an active and promi- nent part in county affairs. J. R. Anderson came to Bourbon county in 1856, and located near Xenia. Thomas Osborne, with his sons Robert and James Osborne, moved here from Indiana and settled on the Osage in 1855. John McNeil settled on the Osage in 1856. Pat Devereux in 1857. James and Timothy Hackett in 1857- George W. Anderson and his son Jacob settled in Marion township in 1857. I. N. Crouch went into Franklin township from Mis- souri. Joseph Oliver moved into Marmaton in 1857. J. R. Myrick located near Dayton in 1857. Joab Teague came in 1857 from North Carolina. Samuel Stevenson and sons, I. S. and S. A., in 1856. M. E. Hudson, Wm. F. Stone, Adam Boyd, William Deeds, E. A. Roe, Wm. Baker, George Stockmyer, 1854] FROM 1834 TO 1855. 25 Michael Bowers, Henry Bowers, E. P. Higby, Ed. Jones, D, R. Cobb, Ben. Workman, David Claypool, Walker, Huffman, Hathaway, Kelso, Atwood and the Endicotts were all early settlers, the most of them hav- ing settled in this county as early as 1855. THE TIME FROM 1854 TO 1855. Up to the year 1855 were the days of profound peace and quiet. The people enjoyed themselves after the manner of the frontier to the greatest extent. They all had good cabins, raised by the combined efforts of their neighbors, which at once became palaces of hos- pitality — that hospitality now almost obsolete. They had plenty to eat — game of all kinds — deer, wild turkeys, prairie chickens, fish from the streams, and their gardens and "patches" produced all else necessary. As the manners and customs of frontier life are now things of the past, it may not be out of place to describe something of the mode of living among the pioneers up to the time the Territory was thrown open for settle- ment. To go into one of their cabins and take a meal with the family was a real satisfaction. The cooking was all done before immense fire-places. Cook stoves were not unknown, of course, but you would rarely see one. Their cooking utensils consisted of a big cast- iron skillet, with a cover made with a flange to hold live coals heaped on top, a tin coffee pot, possibly a bright tin reflecting oven, with legs, and one side open to be set near the fire to catch the heat, a big iron kettle and some smaller iron pots, a long-handled frying pan, 26 HISTORY OF BOURBON COUNTY. [1854 iron spoons and knives and forks and some "tins." An ordinary water "bucket" was kept on a shelf in one corner, with a tin dipper or a gourd in it. Quite often they had instead of the bucket what many even quite old people of the present day have never seen. That is a "piggin." A piggin was made like a pail with one stave extending up about six inches with a rounded top for a handle. Let us drop in on one of these families, say late in the fall of the year, and watch the wife get supper. First, a good fire is made with a back log, and plenty of oak and hickory wood on the andirons, which is allowed to burn down till there are plenty of coals. In the mean- time a pot, hanging on the crane, containing the meat, is boiling. The skillet is placed on a bed of coals with coals heaped on the lid, and will soon be ready for baking the corn bread. In this instance it is corn bread and not dodger, the corn meal probably grated on a large hand grater, from new corn. It is made with eggs and shortening. Dodger and hoecake generally were mixed with eggs, venison gravy and milk also, but it was after supper. The meat is now taken from the pot, slashed across the rind, put in the reflector and baked brown. Big potatoes, sweet and Irish, are all this time lying in the hot ashes until their jackets are brown. The cofiee pot is on, some "rashers" are cut from the "flitch" of bacon and the grease tried out; eggs are fried, and "dip" is made. Everything is timed to get done all at once, like the "wonderful one- horse shay." Now everything is placed on the white clothed table, together with dishes of cold meats, ves- r< 'CuME To vSuppER AM) Bring Chkkrs. 1854] FROM 1854 TO 1853. 27 sels of rich yellow butter, cream, sweet milk, butter milk and honey. Supper is now ready. If like some now standing on the Osage, the cabin is a double one, with a wide open porch between ; the men folks will be in the "sitting room," and ten-year-old Jimmy will be sent in, and will announce in a loud voice, "Come to supper, and bring cheers." Each man totes in his "cheer" and sits at the table. Probably the man of the house, brought up in the church of Peter Cart- wright, will ask a blessing. If so, it may be something like this : "Kind Father, we thank Thee for Thy many mercies. Bless these a-nourishments to our use. For- give our sins. Protect us from evil. And in the end save us, for Christ's sake." The words sounded like simplicity itself. Heard from the lips of an Edwin Booth, they would well up all the sweet idylic senti- ments of Saint James. Neighborship and hospitality were of the strong tenets of the pioneer's character. All were welcome at his house. No one was turned away hungry. Gold and silver he had none, but such as he had he gave unto all who came, the friend, the neighbor or the unknown stranger. He had but little communication with the "States." He had no newspapers, and his library contained only his old school books. Pilgrim's Progress and the Bible. He knew but little of politics, but he could easily drive center sixty yards, offhand, at the neighborhood shooting match, where "first choice" was the hind quarterof abeef. He heard more or less of the increasing and ominous growls over the slavery question, but not until he sud- i 28 HISTORY OF BOURBON COUNTY. [1854 denly found himself surrounded by vicious partisans from the contending sections, did he realize that his season of profound peace was over, that the harbinger of a storm had appeared, which was destined to stain the lintel of his cabin door with blood. In these lame descriptions of our early settlers — squatters they were to all intents and purposes — an effort has been made to typify that class who kept to the extreme border of our frontiers, a people whose ancestors had steadily moved in westward front from the Atlantic through the "dark and bloody ground," a class then rapidly diminishing and who have now finally disappeared forever. This seems necessary also, in order that one may realize all the conditions of a given period or situation, and to understand how the people lived in all respects. THE CLIMATE. The climate was another feature of those days. It was most delightful and enjoyable, especially in the fall of the year. It has changed in these later years, for civilization seems to have taken out the "wild taste." The atmosphere probably contained no more ozone than now, but it was wild ozone. It did not smell to heaven laden with iron filings and the abrasion of gold. The immense prairies south and west — larger in ex- tent than all western Europe — were annually burned over. The smoke from the autumn prairie fires per- meated the entire atmosphere which came up to us from 1854] INDIAN SUMMER. 29 the grand pampas of the southwest toned down into superb Indian summer. But the wild prairies have disappeared beneath the plow, and Indian summer has disappeared with the Indian. INDIAN SUMMER. The beauty and grandeur of those autumn days can scarcely be described. One felt a lazy exhileration, and life here seemed the perfect ideal of existence on earth. The woods have unfurled a million banners, blended in all the colors of nature. The broad rolling prairies seemed as if formed by the stilled waves of a former and forgotten sea. The air, soft and dreamy, laden with the scent of wild flowers, went out to meet the coming day, whose rosy faced morn was ushered in by the songs of the mocking bird and the sweet chro- matic cadence of the drumming grouse. And "The grey ey'd morn smiles on the frowning night, Checquering the eastern clouds with streaks of light." The sun makes his daily circuit through a sea of smoky haze, until, hanging o'er the west like a huge illumined globe — shielded by the translucent rays of a glorious corona — he sinks below the horizon to the ves- per song of the whipoorwill, and the gentle whisperings of the southwest wind. 30 HISTORY OF BOURBON COUNTY. [1854 CHAPTER V. THE MILL OF THE GODS. 'qYI^t-TE have now brought up the salient points of '-N^^K- national history from the time when the United State acquired title to the domain lying west of the Mississippi river, insofar as they affect, di- rectly or indirectly, the soon to be formed Terri- tory of Kansas. We have noted especially the features affecting or bearing on the question of Slave Territory or Free Soil, and endeavored to mark out, like the "blaze" on trees through a forest for a new road, the many conflicting impulses which dominated the passions and prejudices of a great people. It may be said that all this is unnecessary and un- called for in the history of the local happenings of a single county. We do not think so. These local happenings, in fact the entire history of this county, was essentially and peculiarly political, brought about, controlled and "happened" as the resulting conse- quence of national politics. The history of counties in the old States might be written without so much extraneous detail. But those counties had no ancestors. They were progenitors. Bourbon County is their child. Its history cannot be truly and fairly written 1854] THE MILL OF THE GODS. 31 without going back to the base-line and bringing up the field notes. The Louisiana Purchase was the base-line. The agitation of the slavery question began almost with that purchase. Slow at first, but gradually increasing, like the dread disease of consumption, until in the beginning of 1854, it had become the fevered and hectic topic of discussion in the Northern homestead and in the "big house on the lawn." The Nationa] Legislature at that time was composed of the best minds of the country. The ward politician had not yet broken into Congress. The august Senate contained no resultant mouse from the parturition of local class sentiment, and no man of questionable per- sonal honor had yet gained a seat. They were natu- rally and necessarily strong partisans; the men from the South were becoming bitterly so. There was an underlying feeling that the North was growing up to be the dominant power. They realized that, however dis- tasteful, their candidate for the presidency must come from the North. Charles Sumner had enunciated the axiom, "Freedom is National; slavery is sectional;" the Northern press was using the license of printer's ink; the mud-sills were talking. All this angered them. Free speech and free press they no longer toler- ated. They struck out, like a blinded rattlesnake, at every sound. Whom the gods would destroy they first make intolerant. Henceforth concessions were to be thrown to the winds; hereafter the policy was to be aggression. The Fugitive Slave Law was not enough. The Missouri Compromise — their own child, proposed 32 HISTORY OF BOURBON COUNTY. [1854 by them, passed by them, and approved by President Monroe and his cabinet, of which John C. Calhoun was one — now stood in their road and must be swept away. The protesting hands of their Clays and Ben- tons were raised against such action, but were struck down by the spirit of Preston Brooks, The mills of the gods grind slow, but they grind exceeding fine. Tools were necessary for the work in hand, and, like their Presidents, they also must come from the North. KANSAS-NEBRASKA BILL. On the 23rd of January, 1854, Stephen A. Douglas of Illinois, introduced a bill for the organization of the Territories of Kansas and Nebraska. This is known in history as the Kansas-Nebraska bill. The important features of the bill, affecting the Territory of Kansas, are copied from Sec. 32, and are as follows : "That the constitution and all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Kansas as elsewhere within the United States, ex- cept the eighth section of the Act preparatory to the admission of Missouri into the Union, approved March 6th, 1820, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it there- from, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their 1854] KANSAS-NEBRASKA BILL. 33 own way, subject only to the Constitution of the United States : Provided, That nothing herein con- tained shall be construed to revive and put in force any law or regulation which may have existed prior to the Act of the 6th of March, 1820, either protecting, estab- lishing, prohibiting or abolishing slavery." And on this Mr. Douglas addressed the Senate, out- lining and advocating what he called the "great principles of squatter sovereignty, or non-intervention." On the 3rd of March following, the Act passed the Senate by 37 to 14, and on May 22d it passed the House by 91 to 44, and President Pierce signed it on the 30th day of May. The South had chosen her path. "Her feet go down to death; her steps take hold on hell." This was the high-water mark of the slave power. The solemn com- pact that had stood for thirty-four years was swept away like a "rope of sand." The converging lines of the irrepressible conflict were being drawn closer and closer until the culminating point was reached at Appo- mattox. KANSAS TERRITORY ORGANIZED. Kansas at last had a place on the map. It had been partly surveyed and the boundary lines designated and described. A governor and other Territorial officers were soon after appointed, and this experiment of non- intervention — this child of Squatter Sovereignty — was set adrift, to be buffeted, smitten, disgraced, in the con- fident hope that she would acquiesce in the demand of that force which instantly jumped at her throat, and quietly submit to be "sealed" to the South. 3 34 HISTORY OF BOURBON COUNTY. [1854 CHAPTER VL THE FIRST GOVERNOR. H. REEDER, the first Governor of Kansas Ter- C^^'ritory, arrived at Fort Leavenworth, and assumed the executive office October 7th, 1854. Soon after, with a party of other ofiScials, he made a somewhat extended tour of observation through the eastern part of the Territory, and on his return that por- tion was divided into "Election Districts," The district which included Fort Scott was denomi- nated the Sixth District, and the metes and bounds were described as follows : "Commencing on the Missouri State line, in Lrittle Osage river; thence up the same to the line of the Re- serve for the New York Indians, or the nearest point thereto; thence to and by the north line of said Reserve to the Neosho river, and up said river to and along the south branch thereof to the head; and thence by a due south line to the southern line of the Territory; thence by the southern and eastern line of said Territory to the place of beginning." THE FIRST ELECTIONS. On November loth. Governor Reeder issued a proc- lamation for an election to be held in the Territory on 1854] THE FIRST ELECTIONS. 35 the 29th day of November for the election of a Delegate to Congress. Fort Scott was designated as the place for holding the election for the Sixth District. The house of H. T. Wilson was named as the polling place, and the judges appointed were Thomas B. Arnett, H. T. Wilson and William Godfrey. J. W. Whitfield was the Pro-slavery candidate for Delegate, R. P. Finnekin, Independent, and John A. Wakefield Free State. In this district Whitfied received the entire vote cast, 105. Whitfield resided in Missouri at this time and made no pretense of being a citizen of the Territory. On March 8, 1855, a proclamation was issued by Gov. Reeder, ordering an election for members of the Terri- torial Council and House of Representatives, to he held on Friday the 30th day of March, 1855. There were to be thirteen members of the Council and twenty-six Representatives, to constitute the "Legislative Assem- bly" of the Territory. The vote was to be by ballot. As there were yet no county or other municipal organi- zations, the election districts were provided for in the proclamation. The Sixth District remained the same as in the election of November 10, 1854. The place designated for holding the polls was the hospital build- ing on the Plaza, and the judges of election appointed were James Ray, William Painter and William Godfrey. The proclamation also provided : "That the Sixth Election District, containing two hundred and fifty-three votes, will constitute the Fifth Council District, and elect one member of the Council. Also, that the Sixth Election District shall be the Sixth Representative District and elect two members." 36 HISTORY OF BOURBON COUNTY. [1854 The result of this election was as follows : For Coun- cil Fifth District, William Barbee, 343 votes. For Representatives Sixth District, Joseph C. Anderson, 315, S. A. Williams 313, John Hamilton 36, William Margrave 16. And the returns being in due form and no protest filed, William Barbee for the Council, and Joseph C. Anderson and S. A. Williams for the House of Representatives, were by the Governor de- clared duly elected. Nevertheless this election was grossly fraudulent, not only in this district, but in all others. It will be remembered that the district was nearly 50 by 100 miles square. William Barbee, mentioned above, had been appointed the January before to take the census of the district, and about March i, thirty days before the election, filed his report giving the number of legal voters as 253. Many of these voters would have had to travel forty and fifty miles to the polling place. It is not reasonable to suppose that they took such a journey to vote. Most of the votes cast came from covered wagons camped on the Marmaton bottom, "for one day only," which Judge Margrave said, "just swarmed over from Missouri." But there was no pro- test in this district, and the men took their seats in the Legislature. Barbee had no opposition. He and Anderson and Williams were voted for by the Pro-slavery men. Ham- ilton and Margrave received the feeble showing of the opposition. William Barbee came here from Kentucky at the age of 29. He was a very fair man, and lived here several 1854] THE FIRST LEGtSLA TURE. S'T years. Barbee street in Fort Scott was named for him. Joseph C. Anderson was never a resident of the dis- trict from first to last. He was the author of the "Black Laws" passed by this Legislature. Samuel A. Williams was originally from Kentucky. He came here first in 1854, and afterwards brought his family, about six months before election, from Polk County, Missouri, driving an ox cart, containing his family, his chickens and two "cheers." He was no "voter." He had come to stay. He was a good man, a good citizen, and held many important positions. He died at his home in Fort Scott, August 13, 1873. John Hamilton was "left over" from the regular army. He lived here in the town and in the county until after the war, as has been stated. William Margrave was born in Missouri, February 17, 1818. He came here in the fall of 1854, and was appointed one of the first Justices of the Peace in the Territory, and the very first one appointed in this dis- trict. His commission bears date of December 5, 1854. He has lived here continuously ever since that time, and he is Justice of the Peace "'till yet." The Judge, in his quiet way, has always performed the duties of a good citizen, and always stood in the highest estimation in this community. Margrave street in the city of Fort Scott was named for him. THE FIRST LEGISLATURE. The first Legislature convened by order of the Gov- ernor at Pawnee, near Fort Riley, on the 2nd of July, 38 HISTORY OF BOURBON COUNTY. [1854 1855. Pawnee was 100 miles west of the Missouri State line at Westport. Governor Reeder said he took it out there to get it out of the way of political influ- ence and to keep the legislators unspotted from the world. That was certainly the right idea and the right place if he could have made them stay there, but he couldn't do it. The statesmen said it was too dry, and too far from their base of supplies ; and besides, as there were no houses in Pawnee, or in forty miles of it, they had to sleep in their wagons, or under them ; and then again they had nothing to eat but jerked buffalo and Pawnee macarroni. This latter was a very succu- lent dish much sought after by the Pawnee Indians. It was made from the small entrails of antelope and fish-worms. The origin of this war-like tribe arose from this dish. Most any body would. The statesmen arose from it. Said they liked the legislature business all right enough but this wasn't an adjourned session of the Diet of Worms ; they were not elected on that ticket. Said they didn't know what other Kansas Legislatures might do — no man in his right mind could tell, but as for their part they could not entertain such a diet, anyway, without something to go with it, and they didn't even have Bourbon County corn bread. Besides, they wanted to be nearer home where they could hear the honest coon-dog's deep-mouthed bay. So next morning they hitched up and drove down to Shawnee Mission, near Westport. That was as near home as they could get without going "plum over" into Missouri. Reeder could do nothing but set around and scratch his head and pawnee. He finally followed 1854] THE BOGUS STATUTE. 39 them down to Shawnee Mission. He told them they could not legally move, and could pass no valid laws if they did. They told him to be quiet or they would pass him — down the Missouri river on a raft. That made him madder than ever and he called them a lot of Border Ruffians. Then Stringfellow smote him hip and thigh, "and they wrote a letter unto the king," saying what a bad man this Reeder was, "and the king dismissed him with contumely." But the name give to them by Governor Reeder of Border Ruffian stuck to those fellows, and their kind, even to the third generation. Ainsi soit il. THE BOGUS STATUTE. The Legislature then went to work to pass laws for Kansas. It was now the i6th of July. By the ist of Sep- tember they had finished their labors which resulted in the preparation of an immense code of "laws," which have always been called and known as the "Bogus Statute of 1855." This Statute was called bogus prin- cipally because many of the members were not residents of the Territory, and they were themselves bogus ; the elections were fraudulent in nearly every case, con- sequently their office was bogus. The sessions were held at Shawnee Mission against the will, order and veto of the Governor who had the only legal right to decide that point, as he claimed, consequently the whole business really had no legal status or right to be. But it was the prologue of the opening drama. The Pro-slavery men here showed their hand and the true 40 HISTORY OF BOURBON COUNTY. [1854 spirit and intent of their party. They at once became blustering, arrogant, defiant and overbearing, and con- tinually sought to pick quarrels with, and embroil every man into difficulties who opposed them. The few scattering and unorganized Free State men, in contemplation of such acts and such men, stood with raised and outstretched hands as if warding ofif a blow. SAMPLE OF LEGISLATION. The Legislature did more by its drastic, ill-tempered and senseless legislation to destroy the prospect of making Kansas a slave State than did all the Emigrant Aid Societies, John Brown and other Northern fanatics put together. As a sample of their legislation and to show the spirit which controlled the Pro-slavery side on the threshold of the struggle, the following section of their laws is quoted: "Sec. 12. If any person, by speaking or by writing, assert or maintain that persons have not the right to hold slaves in the Territory, or shall introduce into Kansas, print, publish, write, circulate, or cause to be introduced into the Territory, any book, paper, maga- zine, pamphlet or circular containing any denial of the rights of persons to hold slaves in this Territory, such person shall be deemed guilty of a felony, and pun- ished by imprisonment at hard labor for a term not less than two years." This made it a penitentiary offense for a person to take a Free-State paper, or to argue the question with a neighbor, even at his own fireside. The present gen- eration cannot conceive that a body of educated and intel- 1854] SAMPLE OF LEGISLATION. 41 ligent American men could have seriously placed such a law, and a hundred of similar tenor and import on the statute books of a State. But the indescribable fanaticism on the question of human slavery had made them, as a people, just that intolerant. On the other hand the Northern people, as a people, said to the South exactly this : We have made a con- stant, consistent and honest effort to restrict slavery to its present limits, and although the sacred compact which has stood for a third of a century is broken down, let us peacefully abide the provisions of the squatter sovereign principle. And we now say to you Southern people, and you may be fully assured that, although we shall not desist from those open, honest efforts which we have constantly made for restriction and which efforts will be vigorously continued to make Kansas a Free State, we shall neither openly or secretly resort to any measures which can tend to disturb the tranquillity of the slave States, or thereby to affect the prosperity of the Nation. And thus at the commence- ment of that most momentous era was the virgin Terri- tory of Kansas handed over to those two contending sections, who had "come to ope the purple testament of bleeding war." It looked dark for the side of Freedom. Its enemies controlled the Administration ; they controlled all the branches of the Territorial Government and they con- trolled the front door through which emigration must enter. 42 HISTORY OF BOURBON COUNTY. [1854 GOVERNMENT BUILDINGS SOLD. The buildings erected and the improvements made by the Government at Fort Scott were estimated to have cost $200,000. They were sold at public auction on the i6th day of May, 1855, by Major Howe, Assist- ant Quartermaster of the U. S. Army, for less than $5,000 for the whole business. The officers quarters — the four principal blocks of buildings, were disposed of as follows : A. Hornbeck bought the first block, on the west corner of the Plaza for $500. H. T. Wilson the next for $300, E. Greenwood the next for $505, and J. Mitchell bought the next building on the east for $450. The other buildings were sold to different parties for nominal sums. Of course, this not being a Government Reservation, the title to the land on which these build- ings stood did not pass by this transaction, and it was so understood by the purchasers. But they concluded to "let the hide go with the tallow," and take their chances of acquiring title either from the Government as pre-emptors, or, that some time in the future when the town shall have been surveyed and platted, and a legally incorporated town company organized, they could obtain deeds. This plan was agreed on and was after- wards carried out. 1855] BOURBON COUNTY ORGANIZED. 43 CHAPTER VII. BOURBON COUNTY ORGANIZED, ^rr?HE County of Bourbon was organized, together (^ with thirty-two other counties by the act of the Bogus Legislature contained in Chapter 30, of the Bogus Statutes. This Act or Chapter of that code was acted on and passed by the Legislature at the session held at Shawnee Mission, early in August, 1855, to take effect from and after the date of passage, although the statutes were not compiled or completed and published until, probably, October 25th of that year. In Section 4 of said Chapter 30, the boundary lines of Bourbon County were fixed and described as follows : "Beginning at the southeast corner of Linn county ; thence south thirty miles; thence west twenty-four miles ; thence north thirty miles ; thence east twenty- four miles to the place of beginning." These descriptions are very nearly correct, except that the first sectional line is not quite parallel with the Missouri State line, and the border sections along that line are fractional, and there is a jog in the range line on the west side of the county. The Legislature, at the request of William Barbee 44 HISTORY OF BOURBON COUNTY. [1855 and S. A. Williams, who were both originally from old Kentucky, named this county "Bourbon" — especial brand not given. They thought, like the old boys used to say : "Some is better than others, but it's all good." So they gave it a good send off by giving it a good name. McGee county was named for old Milt McGee who was then a member of the Legislature, "from West- port, Missouri." Everybody knew old Milt way up to the 60' s. Anderson county was named for one of our first Rep- resentatives, Joseph C. Anderson. Wilson county was named for Col. H. T. Wilson, of Fort Scott. Bourbon County retained its original territory until by act of the Legislature, approved February 13, 1867, entitled, "An Act to define the boundaries of Bourbon, Crawford and Cherokee counties," the boundaries of Bourbon County were defined and described as follows : "Sec. I. That the boundary of Bourbon County shall commence at the southeast corner of the county of Linn ; thence run south, on the east line of the State of Kansas to the southeast corner of section (24) twenty-four, township (27) twenty-seven, range (25) twenty-five ; thence west to the southwest corner of section (23) twenty-three, township (27) twenty-seven, range (21) twenty-one ; thence north to the southwest corner of Linn county ; thence east to the place of beginning." By this act the county was cut down to about twenty- five miles square. 1855] BOURBON COUNTY ORGANIZED. 45 In the Government survey of this State the base line, or beginning line, for townships of six miles each was made the north line of the State, and townships were numbered from number one on down southward; and the range lines, also six miles apart, were numbered east and west from the sixth principal meridian, or guide meridian, which is near the city of Wichita. Bourbon County contains 407,680 acres of land. The contour of the face of the country is high, rolling prairie, with a general slope from west to east, the general direction of all the larger streams being from west to east, in common with the entire State. The west line of the State has an altitude of between 2,000 and 3,000 feet. At the sixth principal meridian the altitude is about 1,000 feet. At the east line of Bour- bon County it is 650 feet. The county is very well watered. The more consid- erable streams being the Osage river on the north and through the northern tier of townships. Mill creek and Marmaton river through the central portion, and Paw- nee and Drywood creeks in the southern part. There is the usual amount of bottom land along these streams, which are, of course, very rich, but these lands are not especially desirable over those of the high prairie for farming purposes, for the reason that they are colder and harder to get into to work during a wet spring and do not stand a dry time later in the season much better than the high prairie, besides the high lands are, as far as the soil is concerned, rich enough except on some quarter sections scattered throughout the county on which the stone is too near the surface. The soil of 46 HISTORY OF BOURBON COUNTY. [1855 the prairie lands is, generally speaking, of a limestone formation and richer of itself than a sandstone forma- tion. Under the black soil is about eighteen inches of a dark brown sub-soil, then a stratum of three to eight feet of yellow clay, then two to four feet of shale or slate stone. Under that in a good portion of the county is a layer of hard bituminous coal from eight to twenty inches. This is especially true of the east half of the county. Under all this is a solid stratum of pure lime- stone from four to six feet in thickness, then comes a stratum of from sixteen to thirty feet of soapstone. Under that, on a limestone bedrock, water is generally obtained. These strata vary, however — and in fact the entire geological formation changes in certain sections of the country. About the central part of the county there are sections which are pure sandstone formation, which contains an almost inexhaustible supply of the very best quality of sandstone flagging. Limestone for the manufacture of lime, and for building stone is easily obtained in any part of the county. In Fort Scott, and the neighborhood, is found extensive quarries of cement rock, which produces the best grade of hydraulic cement. THE FIRST COUNTY OFFICERS. The Secretary of the Territory and Acting Governor Daniel Woodson, appointed a part of the first officers of Bourbon County, after its organization, on the 31st day of August, 1855, as follows: Samuel A. Williams, Pro- bate Judge, H. T. Wilson and Charles B. Wingfield County Commissioners, and B. F. Hill, Sheriff. And 1855] NEUTRAL LANDS IN BOURBON COUNTY. 47 on the 2 2d of September, Governor Wilson Shannon appointed J. J. Farley clerk of the Board of County Commissioners, or County Clerk, as we call it now, and John F. Cottrell, Constable, and Thomas Watkins Justice of the Peace for Bourbon County. On the 9th of November commissions were issued to Wiley Patterson, Cowan Mitchell, Henry Miller and D. Guthrie, as Justices of the Peace. J. J. Farley, County Clerk, was appointed Register of Deeds. Fort Scott was about this time designated as the County Seat. In November, 1855, the Board of County Commis- sioners met and divided the county into townships, as follows : Little Osage, Timberhill, Russell, Scott and Drywood. The townships as they now exist are, Osage, Freedom, Timberhill and Franklin on the north, Scott, Marmaton, Mill Creek and Marion through the center, and Drywood, Pawnee and Walnut on the south. About the close of the year 1855, B. F. Thompson and Branham Hill were appointed Justices of the Peace, Alexander Howard and William MojQfatt, constables, and H. R. Kelso, coroner, in and for Bourbon County. THE NEUTRAL LANDS IN BOURBON COUNTY. The county of McGee, organized at the same time as Bourbon, included what is now Crawford and Cherokee counties, and was all Cherokee Neutral Land. A six mile strip off the south side of Bourbon county, between townships 26 and 27, and between ranges 21 and 25, was also in the Cherokee Neutral Land. This strip is more exactly described as follows : 48 HISTORY OF BOURBON COUNTY. [1855 The south V3 of Township 26, of Ranges 22, 23, 24, 25. The east part of south )^ Township 26 of Range 21. The north 7^ of Township 27 of Ranges 22, 23, 24, 25. The east part of 7^ of Township 27 Range 21. As will be seen hereinafter, a good part of these lands were squatted on by settlers in direct violation of treaty stipulations with the Cherokee Indians. In many cases, however, the squatters were innocent of any intention to trespass. FORT SCOTT INCORPORATED AS A TOWN. Fort Scott was incorporated as a town by Chapter 40 of the Bogus Statutes, which chapter was acted on and passed by the Legislature on the 30th of August, 1855. Section i of that chapter provides that the land set forth and defined in the plat of said town shall be incorporated into a town by the name of Fort Scott. Section 4 provides that "the first Board of Trustees of the tov/n of Fort Scott shall consist of H. T. Wilson, A. Hornbeck, Thomas Dodge, R. G. Roberts, F. De- mint and Thomas B. Arnett." Section 8 provides that the trustees shall have power to collect taxes, regulate dramshops, to restrain and prevent the meeting of slaves, etc. But little is now known about some of the trustees. A. Hornbeck was a merchant. He came in from Mis- souri, and went back there after two or three years' residence here. Dodge was an Indian trader, and had been all his life. Thomas B. Arnett opened and kept the first hotel ever in Bourbon county. It was in the 1855] MORE ELECTIONS. 49 house on the west corner of the Plaza, known after- wards as the Fort Scott, or Free State Hotel. He fell dead one Sunday, sometime afterwards, while attending religious services in the Government Hospital building, probably because, as town trustee, he had not been strict enough in "regulating dramshops." MORE ELECTIONS. On the ist of October, 1855, an election was held under provisions of the Legislature, for Delegate to Congress. J. W. Whitfield was again the Pro-slavery candidate, and received 242 votes in this county. There was no Free State candidate, and the Free State men took no part in this election. A convention had been called at Topeka on the 19th day of September, to take measures to form a State Constitution. An election was held for Delegates to the Topeka Constitutional Convention, on the 9th of October. A. H. Reeder was also voted for by the Free State men for Delegate to Congress. The town of Fort Scott cast 27 votes. There appears to be no record of a county vote. The Convention met at Topeka on the 23d day of October. A Free State Constitution was framed, and an election for its adoption held on the 15th day of De- cember. Again there is no record from Bourbon County. The fact of the matter is, there were but few Free State men in this county at tnat time. There were not enough of them to form anything like an organization, or even a circulating chain of intelligence among them- 4 50 HISTORY OF BOURBON COUNTY. [1855 selves. Each one was isolated from his kind, and lived like a rabbit in a burrongh. He kept his eyes and ears open, but he kept his mouth shut. There were less than 300 legal votes in the entire county, and not more than thirty of these were Free State men. The first immigration into this county was largely from the Southern States. The territory lay adjacent to a slave State, and it was natural that it should assimilate with the peculiar institution of the South. Further north, where the parties were more nearly equal in number, the Free State men went to the polls ; they protested, however vainly, against the fraudulent elections ; they took concerted action for self-defense. Here they could do neither. As yet they were in too great a minority. They could only sit down and wait ; wait to see how far and to what extent the Northern people would go to meet the open defiance of the maddened and blinded partisans of ultra pro-slaveryism ; wait for immigration to reach down this far and give them help. It seemed now to them like a losing contest. The migratory hordes of the Pro-slavery party had, under the faint pretense of "election," taken possession of the Terri- tory, driven out the first Governor — an able, fair and just man — and published to the world their statute of "laws," which hung over the Territory for five years like the web of a mammoth spider. THE SECOND GOVERNOR. Wilson Shannon of Ohio, was appointed to succeed Governor Reeder. He arrived at Shawnee Mission and 1855] POLITICAL AT3I0SPHERE. 51 assumed the duties of his office on the 7th of Septem- ber, 1855, 3. few days after the adjournment of the Bogus Legislature. Governor Shannon had nothing to do with the elec- tion of March 30th, 1855, and was, of course, in no way responsible for the action of either faction; and, although surrounded exclusively by Pro-slavery men, bravely endeavored, during his short administration, to do his duty as he saw it. POLITICAL ATMOSPHERE OF BOURBON COUNTY. The situation of Bourbon County during the years 1855, 1856 and 1857 was peculiar. It was diflferent from that of any other county or portion of the Terri- tory. The county was away down in the southeast, isolated, and as yet out of the line and track of immi- gration, and as yet out of the way of the partisan troubles which held full sway in the country further north. There were some men — their number could be counted on your fingers — drifted in during these years, who hung around here more or less, who were of the very worst class; border ruffians themselves, and leaders above all others of that ultra, uncompromising Pro- slavery element whose politics was simply extermination — extermination of Free State sentiment — extermina- tion of Free State men, if that were necessary. These were men like Dr. Hamilton, Captain G. A. Hamilton, Alvin Hamilton, W. B. Brockett, G. W. Jones, G. W. Clark. E. Greenwood, Sheriflf Ben Hill and others. But few of these made any pretense to citizenship, but 52 HISTORY OF BOURBON COUNTY. [1855 made Fort Scott one of their many stopping places or headquarters. Their followers — their "men" — were of that class they, themselves, called "poor white trash." They were never able to own a slave and never expected to be. They were that grade of men who saw everything through the diseased perceptions of an incomplete nature and a smothered intelligence. The men from the South who came here as bona fide settlers to make homes for themselves and families were of a diflferent grade. They were Pro-slavery, and desired as a political question, that Kansas should come into the Union as a slave State. They were thoroughly imbued with the principles of Squatter Sovereignty, but had no more idea or design of a criminal crusade in order to accomplish their political ends than did Stephen A. Douglas himself. They staid here law abiding men during this first war; they staid here good Union men during the Union war, and lived and died among us under the flag of Clay and Benton, either the one or the other of whom had been their household god since the days of their youth. As for the Northern men, a few of whom were now finding their way into this county, they, also, were in some sense difierent from their brethren further north. They came without "aid" or other influence, except the desire to build up a home. They came very generally from Pennsylvania, Ohio, Indiana and Illinois. They were Free State men and finally voted for a Free State Constitution. But they were not anti-slavery in the sense of being Abolitionists. They did not want slavery; they did not want free negroes; they simply ]855i POLITICAL ATMOSPHERE. 53 did not want any "nigger" at all. Many of them were Democrats; many were Republicans; but they had no desire to interfere with the "peculiar institution" of the South further than to keep it out of Kansas. They came here to make Kansas a State and to make it free. It is not within the scope and design of this work to detail the historical incidents and the public acts of historical men or notorious characters outside of Bour- bon County, except insofar as they concern or affect, directly or indirectly our own local history. So far, an attempt has been made to keep in touch with the prom- inent men of those times, the animus of political parties and the social bias of the contending forces. It may be possible that the accurate and complete history of our State can only be thus prepared, block by block, and the checquered and mosaic tablet be handed down to the future as the "History of Kansas." eJ:l®@iiL5 54 HISTORY OF BOURBON COUNTY. [1856 CHAPTER VIII. TONE OF PRO-SLAVERY PAPERS "S'TPHE year 1856 opened in the northeastern part of the Wl Territory and along the Kaw valley, in turmoil, violence and murder. Armed factions were almost daily coming into the conflict. The Free State men were being armed and drilled for defense. The Pro-slavery men were being reinforced from South Carolina, Alabama and the entire South, for the openly declared purpose of overawing the Free State men by violence and murder. One sample of the tone of their newspapers at that time is here given. The Kickapoo Pioneer, in speak- ing of Free State immigrants, said : "It is this class of men that have congregated at Lawrence, and it is this class of men that Kansas must get rid of. And we know of no better method * * * than to meet in Kansas and kill off this God-forsaken class of humanity as soon as they place their feet upon our soil." Bourbon County had as yet but little of this disorder and violence. But the disturbing elements were to come in very soon, and peace bid farewell for many years. 1856] TOPEKA CONSTITUTION. th THE TOPEKA CONSTITUTION. The first political move of the year 1856 was the election of oflBcers under the Topeka Constitution, which took place January 15. Charles Robinson was the leading candidate for Governor, and M. W. Delahay for Congress. W. R. Griffith of Bourbon County, was voted for as State Auditor, but received less votes than G. A. Cutler for that office. Griffith was also a member of this Constitutional Convention. The Topeka Constitution was not recognized by Congress. The Legislature elected under it never had any practical existence, nor was it expected to have, or probably, intended to have. The conventions of Aug- ust 14 and September 15; the elections of October 9, December 15 and January 15, the Constitutional Con- vention and the Topeka Constitution, were intended by the Free-State leaders to serve — like toys given to im- patient children — to occupy the minds of our Free-State men; to solidify the growing " Anti-Pro-slavery " elements of all shades in the North, and by publishing to the world their platforms, resolutions and constitutions, to furnish educating exponents of the principles, policy and design of the Free-State party. As was expected, some of the ultra Abolitionists were dissatisfied. The word "white" was not eliminated from the new Constitution ; its tone was for peaceful solution, instead of for the aggravation of conflict as they desired. They kicked over the traces, but they were simply "cut out" and driven away. The Free-State leaders at this time — amonof them o6 HISTORY OF BOURBON COUNTY. [1856 Charles Robinson, A. H. Reeder, M. J. Parrott, Joel K. Goodin, M. W. Delahay — were strong men. The Con- vention and the Legislature elected under it were composed of good and true men. They raised here the first signal light of Freedom, against which were already breaking the black, seething waves of disunion. TROUBLE COMMENCES. The first invasion into Bourbon County by the Pro- slavery men occurred in the spring of 1856. A party of about thirty South Carolinians, headed by G. W. Jones, came in and stopped temporarily in Fort Scott. Under pretense of looking for homes, these men visited most of the settlers in the county, ascertained where they were from and their politics, what property they had, and their means of defense, and made a complete list of all the Free-State men. Then, later in the season, about July, the Free-State men were again visited, and were told they must leave the Territory. A system of espionage, intimidation and arrest was commenced. Their stock was driven ofi"; their cabins fired into in the dead of night, and they were often taken under pretended arrest to Fort Scott, where they would be advised that it was a much healthier country further north for their class. The object was to so harass and intimidate them that they would leave their claims and such property as could not be easily moved, and get out of the Territory, which the Pro- slavery people had decided was their own by right, not of discovery, but "non-intervention," and "Squatter 1856] TROUBLE COMMENCES. 57 Sovereignty." The matter was actually presented to the masses of the South in the light that, as the re- strictive compromise law had been wiped out, this was slave territory; Free-State men were interlopers, and had no more rights here than they had in South Caro- lina. A Free-State man would not be allowed to live in South Carolina ; why should he be here? Anyway, their plans worked well. The Free-State men were not strong enough then for resistance or defense, and most of them left. This was in execution of the concerted plans of Major Buford and his lieu- tenant, G. W. Jones, who had arrived on the 7th of April, at Westport, Missouri, with a large body of armed men, some three hundred in number, from Ala- bama, Georgia and South Carolina. Buford was a kind of brigadier general in the army of invasion, and had charge of the border, with the instructions, among others, to search all steamboats coming up the Missouri river, for Free-State passengers, and all emigrant wag- ons coming from the East and North. TEXAS RANGERS — EXPEDITION TO MIDDLE CREEK. Late in the summer of this year a squad of fellows came into Bourbon County from the south, who called themselves "Texas Rangers." They were all well armed and mounted, and wore spurs as big as a tin plate. Their saddles were of the regulation Texas pattern, with immense saddle blankets, with the "Lone Star" worked in the corner. Altogether, they were a very "fierce and warlike 58 HISTORY OF BOURBON COUNTY. [1856 people," and wanted to go right into the business im- mediately. So, after laying around town two or three days whetting up their bowie knives and running bullets they got some of G. W. Jones' South Caro- linians, added a few of the fellows who lived in Fort Scott, and away they went, headed for Osawatomie, to rout out John Brown. The company was under com- mand of Wm. Barnes, G. W. Jones and Jesse Davis. They got up as far as Middle Creek in Linn County where, about August 25th, they were met by Captains Shore and Anderson with a company of Free State men of about the same number. After a lively skirmish, in which three or four volleys were exchanged, they let go and skedaddled back to Fort Scott, pushing on their bridle-reins and with saddle-blankets flying. They had such big stories to tell about being closely pur- sued by 2,000 yankees, who would soon be on them to burn and murder, that everybody in town, men, women and children, dogs and niggers, took to the woods and laid out all night. It is said the Texas Rangers never stopped till they got back to Red River. Geo. W. Jones buried himself in the wilds of Buck Run. One of the recruits from Fort Scott on this expedi- tion was a man named Kline, who had just started a newspaper which he called the "Southern Kansan." He had issued only two numbers of it when he felt a call to help "advance the banner of the holy crusade." He laid down the "shooting stick" to take up the shooting iron. But it was an unlucky exchange, for, at the first fire of "leads," the "devil" fired him into 1856] BOURBON COUNTY LEGISLATORS. 59 the "hell-box," and he remained in "pi" forever. This was the only report in the "remark" column of their muster-roll. THE TOPEKA LEGISLATURE. The Legislature elected under the Topeka Constitu- tion met first on the 4th of March, and adjourned to meet at Topeka on the 4th of July, 1856. At that date they assembled and attempted to open a session, but they were met by Col. Sumner of the regular army, who ordered them to disperse. SHANNON RESIGNS — GEARY APPOINTED. Governor Wilson Shannon, who had now been in office several months, became distasteful to the Admin- istration and the Pro-slavery party, and retired from office on the 21st of August, 1856. Secretary Woodson, an implement of the Pro-slavery people, became acting Governor until John W. Geary of Pennsylvania, was appointed, and assumed the office in September following. TERRITORIAL LEGISLATORS FOR BOURBON COUNTY. On October 6th, 1856, an election was held for mem- bers of the second Territorial Legislature, which was to meet the following January. In this county there were to be two members elected. There were three candidates in the field, who received votes as follows : B. Brantly, 176 votes; W. W. Spratt, 127 votes; R. G. 60 HISTORY OF BOURBON COUNTY. [1856 Roberts, 60 votes. Brantley and Spratt were declared elected. These men were Pro-slavery. The Free State men had nearly all been driven out, as has been stated, and what few were left had neither disposition or opportu- nity to vote. The Pro-slavery people also voted at this election for J. W. Whitfield for Delegate to Congress, and voted for calling a Constitutional Convention. The closing hour of 1856 was the darkest hour for freedom in Kansas. Its closing day marked the first year of the preliminary struggle of the civil war. The lines were being drawn and public sentiment solidified throughout the Nation by the co-efiicients of intoler- ance, prejudice and hate. 1857] NEW TOWNS. 61 CHAPTER IX. BOURBON COUNTY OFFICIALS. "srPHE county officers at the beginning of 1857 re- ^ mained about as they had been in 1856. A. Horn- beck was County Treasurer. The same Board of County Commissioners, and B. F. Hill was still Sheriff. The full representation in the Legislature was : Blake Little in the Council, W. W. Spratt"" and B. Brantley in the House. Blake Little had been elected to succeed William Barbee, who died sometime before. Mr. Little was quite an old man, and always regarded as a good citizen. He was Pro-slavery in politics. His son John H. and daughter Mary were living at Fort Scott with him. He left here in 1859 and went to Arkadelphia, Arkansas. NEW TOWNS. The second session of the Territorial Legislature was convened at Lecompton on the 12th of January. Among the laws passed was an act incorporating the town of Sprattsville in Bourbon County, an act establishing a State road from Barnesville to Cofachique. Spratts- ville was near where Dayton now is. It never advanced in "growth and population" further than the survey 62 HISTORY OF BOURBON COUNTY. [1857 stakes for corner lots. It perished. It was located by W. W. Spratt, who was that year in the Legislature. The dense population in this county at that time seemed to require the "building up" of more towns. Already foundations for future cities were beiug laid, which in the near future were to become "busy marts of trade," "manufacturing and railroad centers;" have the machine shops and vote bonds, and have a mac- adam tax, and a cracker factory. The probable location of the depot was another question of vast moment. It must not be so located that it would draw business to one point of the town at the expense of another. That must be guarded against. Everyone with a piece of land suitable for an "addition" said he would guard against it if it took half the land he had. All these things were within the vision of the found- ers, although the nearest railroad was yet two hundred miles away. MAPLETON LOCATED. Mapleton was first located in May, 1857. The Town Company were J. C. Burnett, E. P. Higby, Mr. Morton, B. B. Newton, S. W. Cheever and D. Scott. This Company soon afterwards abandoned the town project and was dissolved. Afterwards a new Company was organized by Wm. Baker, Dr. S. O. Himoe, A. Wilson, John Hawk, James Huffnagle and M. E. Hudson. This Company first called the town Eldora, but after a time the name was changed back to Mapleton. Dr. S. O. Himoe was 1857] MEANS OF COMMUNICA TION. 63 appointed the first Postmaster on October 15th, 1857. E. P. High}- was appointed early in 1858 and continued the Postmaster for more than thirty years. E. Green- field established the first store in 1858. Mapleton has always been a prominent place in this county. It is located in the beautiful valley of the Osage, surrounded by an agricultural country unsur- passed, and a thrifty, intelligent people. RAYVILLE. Rayville, of which considerable will be said here- after, was located by the two Ray brothers. It was on the Osage, about halfway between the points now known as Ft. Lincoln and Mapleton. Rayville never became a great manufacturing center, either; but they manu- factured some Bourbon County history there. It had at one time a store and a postoffice. But it finally per- ished, also, and was laid "under the sod and the dew" by the side of Sprattsville. It was too near Mapleton. MEANS OF COMMUNICATION. The means the people of Bourbon County then had for mail facilities and communication with the outside world were decidedly limited. They had a stage line established between Fort Scott and Jefferson City, Mo., and the stage, an old bob-tailed "jerky," such as is now to be seen only in "Wild West shows," made the trip once a week; that is, when the creeks were not up and there was no other preventing providence. This line brought in the Eastern mail, and its arrival and depart- 64 HISTORY OF BOURBON COUNTY. [1857 lire were important events. Col. Arnett was the local agent, and he conducted the business with characteristic flourish. Three times a week they had a horseback mail from Westpoint, Montevallo and Sarcoxie, Mo., Baxter Springs, Osage Mission and Cofachique. These radiating lines indicated the importance already at- tached to Fort Scott as a distributing point. All freight came on ox- wagons from Kansas City, Mo., down the old military road. There were then but three saw mills in the county: one on the Little Osage, near the future site of Fort Lincoln; one on the same stream above Sprattsville, and one on the Marmaton six miles west of Fort Scott. There was an abundant growth of black walnut, syca- more, Cottonwood, oak, coflfee bean, linn, etc., along the Little Osage, Mill Creek, Marmaton and Drywood. Ciooi) Hass FisHiNi; ON Mii,L Crerk. 1857] MORE POLITICS. 65 K CHAPTER X. MORE POLITICS. ■)^I^^HE Territorial Legislature in February, 1857, ,M§ passed an act dividing the Territory into three judicial districts. The first step in the Lecompton Constitution movement was taken February 19th by the Legislature passing an act providing for the election of delegates to a convention to frame a State Constitution. The act provided for a census to be taken, on the basis of which the Governor was to apportion among the precincts the sixty delegates to the Convention. The delegates were to be elected on the second Monday in June, which was the 15th, and were to meet at Lecompton on the first Monday in September. Governor Geary vetoed the bill, but the Legislature passed it over the veto, by a nearly unani- mous vote. On the 4th of March, 1857, James Buchanan became President. In his Inaugural Address he said : "Congress is neither to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and conduct their own domestic institutions in their own 66 HISTORY OF BOURBON COUNTY. [1857 way. As a natural consequence, Congress has also prescribed, that when the Territory of Kansas shall be admitted as a State, it shall be received into the Union with or without slavery, as the Constitution may prescribe at the time of admission. A difference of opinion has arisen in regard to the time when the people of a Territory shall decide this question for themselves. This is happily a matter of but little importance, and besides it is a judicial question, which legitimately belongs to the Supreme Court of the United States, before whom it is now pending and will, it is understood, be speedily and finally settled." Two days afterward the Supreme Court handed down the decision in the Dred Scott case. The gist of that decision is this : The Missouri Compromise, so far as it excluded slavery from the Louisiana Purchase, north of 36.30° was unconstitutional ; that Congress had no power to prohibit slavery from any portion of the Federal territory, nor to authorize the inhabitants thereof to do so; that negroes are not citizens, and have no rights as such. Or, in other words, that Kansas was de jure Slave Territory, as it was de facto. "Jeems" evidently knew on the 4th of March what that decision was to be as well as he did on the 6th. SLAVES IN BOURBON COUNTY. At this time there were in Fort Scott and Bourbon County about thirty negro slaves, owned by various families from the slave States. They were legally held as such under the Dred Scott decision. Kansas was slave Territory. Slaves were bought and sold in this county as late as 1857] GEARY RESIGNS— WALKER APPOINTED. 67 August, 1857. The records of the county show that Wiley Patterson purchased a negro woman slave of James M. Rucker for $500.00 at that date. GOV. GEARY RESIGNS — GOV. WALKER APPOINTED. Early in March, 1857, Governor Geary sent his res- ignation in a letter to St. Louis, the nearest telegraph station, to be telegraphed from there to Washington. He followed it himself soon after, and left the Terri- tory somewhat hastily. "He tuck his hat and lef ' very sudden Like he gwine to run away," Geary was a good man. He took oflfice a Pro-slavery man, but he misunderstood what the Administration and the leading Pro-slavery men in Kansas wanted. He based his policy on the principles of justice and the protection of all persons in their rights. That was not what they wanted. They were also mistaken in their man, and by denying him of all means of self- protection in the matter of troops, etc., and by personal assault and attempts at assassination, they finally drove him from the Territory. The Administration then concluded to put in a Southern man for Governor, and Robert J. Walker was appointed on the 26th of March. Walker, it is true, was born in Pennsylvania, but he had spent the years of his manhood in Mississippi. F. P. Stanton was appointed Secretary and came first, in April, and took charge as Acting Governor, 68 HISTORY OF BOURBON COUNTY. [1857 MORE IMMIGRANTS. Bourbon County had now began to attract more attention and become better known to the people of the East and North. The few vsettlers who had found their way down here "writ back," While their letters did not bear any very encouraging word about the state of political affairs or the peaceful condition of the people, they did tell of a beautiful country, genial skies, a spring that opened in March instead of May, and an opportunity for getting land enough so that "John" and "Mary" could both have a farm when they "come of age. ' ' Fort Scott had also become one of the noted points in the new Territory, and many young men were attracted here to make this the starting point for their future. A few who came were unfitted for the life of pioneers. They generally came from the cities, and as much on what they called a tour of adventure as anything. But they found that even at the best hotel the bed consisted of a straw tick and a buffalo robe, the bath room was the Marmaton, and the means of washing the face and hands were at the bottom of the back stairs in a tin basin with hard water and soft soap. They might have withstood all these luxuries, but when they came to the dinner table that jarred 'em loose. The "menu" consisted of cornbread, bacon, fried potatoes and corn coffee with "long sweetnin'. After wrestling with those delicacies for a short time they would generally conclude they had seen enough of the "border troubles" and skip back home fully 1857] MORE IMMIGRANTS. 69 determined to "go with their States" and let Kansas go Free Trade and Woman's Rights if it wanted to, or go to any other place, they were going home where they could get some of "mother's cooking." During the fall of 1856 and the winter and spring of 1857, there were also coming in from the slave States — aside from the followers of Buford — a large contingent of men, who were good citizens where they came from, and remained here to the end, good citizens and good men. The country knew none better. Biographies and biographical sketches of the old settlers cannot be given in this volume. Their biog- raphies would furnish material for a much larger book than this. It may some day be prepared. An attempt will be made in this book to give a slight sketch or mention only of the more prominent men who took hold of the throttle valve and helped turn on steam. Among those who came in this spring were the following : Dr. John H. Couch, with his family, arrived May 30, 1857. Dr. Couch was born in Lexington, Kentucky, April 8, 1827. H^ obtained a fine collegiate and med- cal education in that State, and went from there to Monroe, Wisconsin, where he married Miss Lillis Andrick. He was a strong Democrat and never hesi- tated to vigorously denounce what he thought wrong in his party, or any other. His heart was big. Many and many are the persons who have occasion to remember his kind professional services, given without hope of fee or reward. John G. Stuart came July i. He was born in Halifax, iO HISTORY OF BOURBON COUNTY. [185t N. S., February lo, 1834. He established the first wagon shop in Fort Scott. T. W. Tallman and family arrived on the 22d of April, 1857. Mr. Tallman was taken at once for his true worth as a man. He has held many positions of trust and honor, with trust and honor. He went out in the world at sixteen to shift for himself, and after these long and busy years he feels that life has not been a failure. Dr. A. G. Osbun came this year (1857). Governor Wilson Shannon married for his second wife Miss Sarah Osbun, sister of Dr. Osbun. Dr. Osbun took no active part in political affairs, but attended quietly to the duties of his profession. In the latter years of his life he was in partnership with Dr. Couch in the drug business. Mrs. Osbun and the family of girls and boys came to the county the following year, after the doctor had located here. The following named persons also came in to Fort Scott in 1857, most of whom came early in the year: W. I. Linn, J. C. Sims, Dr. Bills and family, C. P. Bullock, S. B. Gordon, Joe Price, Governor E. Ransom, Receiver of the Land Office, his wife, son-in-law Geo. J. Clark and family; the notorious George W. Clark, Register of the Land OflEice, Tom Blackburn, Charley Bull, Charley Dimon, Orlando Darling, Joe Ray, W. B. Bentley, J. S. Calkins, J. E. Jones, A. R. Allison, J. N. Roach and family of girls, John Harris and family, H. R. Kelsoe and family. The town at that time consisted entirely of the houses 1857] FORT SCOTT TOWN COMPANY. H around the Plaza, which had been built by the Govern- ment. No new buildings had yet been erected. Imagine the city, buildings, trees, etc., all cleared away and the wild, unbroken prairie in their stead coming clear up to the Plaza on all sides, and there you have Fort Scott as it appeared at that day. The business houses were not yet very numerous. Colonel H. T. Wilson had the old post-sutler store, southwest of the Plaza, Blake Little & Son occupied the old quartermaster building, northwest corner of the Plaza, and Hill & Son were in the old guard house. There was one blacksmith shop and two saloons. FORT SCOTT TOWN COMPANY. About the ist of June, 1857, a party arrived at Fort Scott, which had been made up at Lawrence, Kansas, consisting of Norman Eddy of Indiana, Geo. A. Craw- ford of Lock Haven, Pennsylvania, D. H. Weir of In- diana, and E. W. Holbrook of Michigan. Their purpose in coming to Fort Scott was, principally, to organize a town company. The town had been incorporated by act of the Legislature of 1855, as has been stated. A "Town Company" had already done some wind work and formed a "curbstone" organization, consisting of C. B. Wingfield, G. W.Jones, S. A. Williams and others. The Wingfield Company, as it was called, had no title to any land described in the act of the Legislature in- corporating the "Town of Fort Scott," nor did anybody else. Claims had been filed on the different parts of sections by different parties, and the Wingfield company 72 HISTORY OF BOURBON COUNTY. [1857 designed to acquire title to the townsite under the pre-emption laws. On the 8th day of June, 1857, according to the original record, the Fort Scott Town Company "made condi- tional purchase, and took possession of the 'claims' known as the site of Fort Scott," and organized the company with the following named members : D. H. Weir, D. W. Holbrook, E. S. Lowman, W. R. Judson, G. W. Jones, H. T. Wilson, Norman Eddy, George A. Crawford and T. R. Blackburn. The Wingfield organization was kept alive, however, with the view of holding good the pre-emption rights of the individual members, until, on the 5th day of January, 1858, at a meeting of the Fort Scott Town Company the following action was taken : "Ordered, That the idea of attempting to pre-empt the property of the company under the two organiza- tions of the Wingfield Company and the Fort Scott Town Company be formally abandoned. And that the members and interests of the Wingfield Company be in form, as they are in fact, received into and merged in the Fort Scott Town Company." An outline of the early life of Mr. Crawford is given at this point. From the day of his arrival in Fort Scott his life is interwoven with the history of the town and Bourbon County. George A. Crawford was born in Pine Creek Township Clinton County, Pennsylvania, on July 27, 1827. -^^^ ancestors were well known and active in the Revolution. He spent his boyhood in Clinton County, and received his higher education at Clinton Academy. After he 1857 J FOR r SCO TT TO WN COM PA NY. 73 had finished his education he went to Salem, Kentucky, where he taught school, and in 1847 he taught in the high schools of Canton, Mississippi. In 1848 he returned to Pennsylvania and studied law. Mr. Crawford was active and quite prominent in the State politics of Pennsylvania, taking James Buchanan as his political guide, and later, his personal friend Stephen A. Douglas. And finally, in the latter days of the life of Douglas, joining with him in the hearty support of the Administration of President Lincoln. As we have seen, in the spring of 1857, he came to Fort Scott, where he at once identified himself with the large Free-State immigration just then beginning to come in from the North. He was soon recognized and accepted as the head of the combined political sentiment of men from all sections of the country — North and South — who may be denominated, in the political shading of that time, as the conservative "Anti Pro- slavery party. He had, however, no better personal friends than he found among such men as Col. Wilson, A. Hornbeck, S. A. Williams, Blake Little, John H. Little, Col. Arnett, W. L Linn and others then here, whose political prejudices were at that time in harmony with the great leaders of the South. Mr. Crawford had a more extended acquaintance and close personal friendship with prominent men of the Nation than any man in the West. He was familiar with all sections and all men. Polished and peculiarly social in his manner, he was as much at home in the political and diplomatic circles of Washington as he was in the squatter's cabin. Had his inclinations been 74 HISTORY OF BOURBON COUNTY. [1857 for a political career he. could have easily attained great prominence. But the bent of his disposition was to be at the head of large commercial and manufacturing enterprises. For this, he chose this State and particularly Fort Scott as the basis of his operations. He succeeded well for several years, considering the disjointed period of civil war, and had laid the founda- tion of his future hopes. But circumstances, which so often attack the affairs of men, combined with the elements for his overthrow. He saw his mills and factories swept away by fire in an hour's time, leaving him struggling and helpless in the quick-sand of unrelentive fate. The divinity which shapes the affairs of men could come to him no more. It had passed by his door forever. The lives of all men "are of few days and full of trouble." They pass like the shadow of a summer cloud. One falls ; the ranks close up and move on, and only memory glances back. So with him. His last resting place is in the Grand Canyons of the Colorado. His monument is the memory of those not yet fallen. UNITED STATES OFFICERS. The United States Land Office for this District was located at Fort Scott in the Spring of 1857. Epaphro- ditus Ransom was appointed Receiver, and G. W. Clark, under the name of Doak, was appointed Register. On the loth of July, Hon. Joseph Williams took the oath of office before Secretary Stanton, as Associate 1857] MORE TENDERFEET. 75 Justice of the Territorial Supreme Court. He arrived at Fort Scott soon after, bringing with him his wife and four sons, Mason, Kennedy, Joseph and William, and immediately entered upon the duties of his office. He had lived many years in Muscatine and Burlington, Iowa, where he had been on the bench "twenty-one years a judge in Iowa" as he invariably instructed the jury in his charge. He was a weak man, easily influenced, and without personal dignity. MORE TENDERFEET. About the first of August, 1857, several more people arrived who were afterwards active and prominent citizens. B. P. McDonald came to Fort Scott from Lock Haven, Pennsylvania. He was then a boy of 17. He took up a timber claim soon after his arrival here, and after the sawmill started he employed men in cutting and hauling logs to the mill where he worked as a hand himself, and from the proceeds of his lumber he made enough to start him in business with his brother, Alexander McDonald. In 1861 the firm of A. Mc- Donald & Brother turned their attention to freighting in addition to their other mercantile business and afterwards added a banking department. In 1867 he purchased the entire business and continued it in his own name until 1869. He then closed out the business except the banking department, which he, with C. F. Drake and others afterward organized into the First National Bank, He was always foremost ■76 HISTORY OF BOURBON COUNTY. [1857 in aiding all railroad enterprises looking towards Fort Scott, and in 1874 he took hold individually of a railway project for a road in a southeastern direction from Fort Scott, and after completing a section of several miles he finally transfered it to the Kansas City, Fcrt Scott and Gulf Railroad Company, and his conception and original labors resulted in the con- struction of the great trunk line to Memphis, Tennes- see. Charles Bull had arrived sometime before. He was a youngish looking man then, and has maintained the same personal appearance for the past thirty years. He is now with the Zuna Indians. He was the most even tempered man in the Territory, always excepting Joe Ray. Joseph Ray came from Michigan. He was another of the young men who came here to seek his fortune, only he didn't want any fortune except to be able to give to anybody and everybody in need. That was Joe. He was the life of any party or company, and had a smile and a joke for every one on every occasion. There is no man in the long list of the early settlers who have passed away whose memory is kept greener than is his. William Gallaher arrived on the ist of August from Illinois, originally from Pennsylvania. He was also quite a young man. He was, however, more lucky than some of the other boys, for he got a splendid situation soon after his arrival. He was appointed postmaster — the third one for Fort Scott — which posi- 1857] THE FREE STATE HOTEL. 77 tion paid him over twenty-four hundred — cents a year. But he went into the army and lost it all. Charles Dimon came from New York. Charley was a good fellow, but he had one bad habit, that was corns on his feet. Ed. A. Smith, Burns Gordon, Albert H. Campbell and A. R. Allison were also boys of the class of '57. They all graduated with honor in that school the like of which will never again be opened. School is out, and the teacher is dead. THE FREE STATE HOTEL. The boys who came in this year and the men who had no families with them generally boarded at the Fort Scott Hotel, or the "Free State Hotel," as it was better known. It was under the management of Charley Dimon, with Ben McDonald and Charley Bull, and most any of the other boys, as clerks. Will Gallaher kept his postoffice there. This hotel was the building on the West corner of the Plaza, built by the Govern- ment for officers quarters, and now owned and occupied by Hon. William Margrave. It was first opened as a hotel by Col. Arnett soon after the post was abandoned in 1854, and was then the first and only hotel in the county. In the Spring of 1857, it was run by the Casey Bros. Later Charley Dimon took charge of it, and continued in it until January, 1859. This house is a historical landmark. In 1857 it acquired the name of "The Free State Hotel," which it retained for many years. If its walls could talk it could beat this history all to pieces. 78 HISTORY OF BOURBON COUNTY. [185( CHAPTER XL LECOMPTON CONSTITUTIONAL CONVENTION. ^ITT was now the beginning of autumn. The spring c^ season had opened favorably for the farmers, and If wherever they had been permitted to stay at home and work, the prospect was good for abundant i^l crops. Everything seemed to be reasonably quiet in ' this part of the Territory, although it was a forced quiet, and there was much feeling of unrest and appre- hension among the people. The political talk was about the approaching Pro- slavery convention to frame a State Constitution, which was to be held at Lecompton. As has been noted, the Legislature had passed an act providing for the election of delegates to this conven- tion, on the 15th of June, 1857. The Free State men had, with something like concert of action all over the Territory, let the election of these delegates go by de- fault. They felt that there was no chance for an ex- pression of Free State opinions, and no guarantee that it would be anything but a repetition of the villainous frauds and outrages which had heretofore taken place under the name of "election." The Free State men, however, began to realize that 1857] LECOMPTON CONVENTION. 79 immigration had in reality now placed their party in the majority. Their confidence and courage were strengthened, and hope renewed. But the delegates were already elected. If the Free State men had taken prompt and vigorous measures to contest the election of June 15, attended to the registration and seen to it that the lists were cor- rected, and then mustered their forces at the polls with a determined front, it is possible that they might have elected a majority of the delegates, obtained control of the Lecompton Convention, presented a Free State Con- stitution to the people, who would have sustained it, and the State have quietly passed into the Union, and the pages of Kansas history been altogether changed. The Convention met at Lecompton on the 7th of September, 1857. Blake Little and H. T. Wilson were the delegates chosen from this District. Little was chosen President pro tern, of the Convention. After several adiournments the Convention finally completed their work on the 3rd of November, guarded by 200 U. S. troops. It was provided that the election on the adoption of this Constitution should be held on the 2ist of December ; that the question should be divided and that the ticket should read : "For the Con- stitution and Slavery," and "For the Constitution without Slavery." The time for the regular meeting of the Territorial Legislature was January 4, 1858, but Acting Governor Stanton called an extra session which met on the 7th day of December, 1857, ^^^ passed an act providing for a vote on the entire constitution — a straight proposition 80 HISTORY OF BOURBON COUNTY. [1857 for or against — to be held January 4, 1858, and provid- ing more thoroughly against fraud. The elections were quite numerous this fall and winter, and somewhat confusing unless attended to in their regular order. THE ELECTION OF OCTOBER 5, 1 857. The election for members of the Territorial Legisla- ture and for Delegate to Congress was held on the 5th of October. E. Ransom, of Fort Scott, ran against Mark Parrott, the Free State candidate for delegate. At this election there were again some indications of fraud, especially at the Oxford and Kickapoo precincts, and in McGee county. McGee county, for instance, "cast" 1202 Pro-slavery votes against 24 votes for the Free State ticket. Fraud was patent to every body. There were not a hundred legal voters in the county, all told. The original returns from McGee county were seen by one or more of our Fort Scott men before they were doctored and sent on to Lecompton. The lists contained a total of exactly eighty-three names. At this election Bourbon County voted as follows: Dry wood precinct, Ransom 9, Parrott 3; Russell pre- cinct, Ransom 12, Parrott 2; Fort Scott precinct. Ran- som 99, Parrott 24; Sprattsville precinct, Ransom ■^'X)i Parrott 47; Osage precinct. Ransom 22, Parrott 20. Total, Ransom 175, Parrott 96. The Governor issued a proclamation on the 22d of October, rejecting the returns of the election precincts 1857] MORE TROUBLE. 81 where the most glaring frauds had occurred. This re- duced the total vote for Ransom to 3,799, as against 7,888 for Parrott, and the certificate of election was issued to Parrott, and he took his seat in Congress the next December. George A. Crawford was the Democratic candidate for Territorial Council from this District, which con- sisted of Bourbon and seventeen other counties, McGee among them. Mr. Crawford went to Lecompton at once, and in a conference with Governor Walker and Secretary Stanton he advised the throwing out of the fraudulent votes, although such action defeated his own election. MORE TROUBLE. The wave of Free State immigration which had rolled in over the northern part of the Territory now began to reach down into Southern Kansas, and to be felt in Bourbon County to a greater extent than ever before. And the troubles which had prevailed in the North for so long a time were to be also transferred to the Southeastern border. The Free State men who had been driven out in the summer and fall of 1856, now began to return — many of them coming back armed — and as they found that their strength had been materially increased by the con- siderable number of new settlers coming into the county they had confidence that by organization they could now maintain themselves and recover their claims and much of their other property. Among their leaders 82 HISTOR Y OF BOURBON CO UNTY. [1 857 were J. C. Burnett, Samuel Stevenson, Captain Bain and Josiah Stewart. Notice was served on those who had wrongfully taken possession of cabins and claims that they must leave. Many did so at once, but others relying on aid and assistance from the "Blue Lodges" of organized Pro- slavery men which existed in Fort Scott and along the border, refused to vacate. As an illustration of those difficulties, the case of Stone and Southwood is given. William Stone had been driven off of his claim on the Osage, and his claim and cabin were taken possession of by a man named Southwood, a Southern preacher. When Stone re- turned to assert his rights Southwood refused to vacate. The Free State men, after considering the case, built Stone another cabin, near Southwood' s, and moved his family into it. The women of the two families, of course, got into a small border war over the well of water. This helped to aggravate matters and the Free State men finally ordered Southwood to leave by a certain time. Just before the time fixed to leave, Southwood gathered a large number of his friends from Fort Scott and along the border with the purpose of driving Stone off. But the Free State men were right on hand, and gathered at Stone's to resist the expected attack. It was a first-rate opening for a good fight, but the Pro-slavery party, after a feint of an attack that night, drew off. They made much big talk, but they found the Free State party too strong and determined, and Southwood left. The opposing forces, or factions, came near a col- 1857] SQUATTER'S COURT. 83 lision several times after that. Things looked ugly. But for some reason the Pro-slavery men declined to open the ball, and the Free State policy was to await an attack. Finally, a resort was had to the forms of "law." A term of the U. S. District Court was commenced on the 19th of October, 1857. ^^ "^^^ \i^\^ in the south room of the land office building, Judge Joseph Williams presiding, S. A. Williams, Clerk, and J. H. Little, Dep- uty U. S. Marshal. This court was in full sympathy and control of the Pro-slavery party. Claimants throughout the District took their cases before this court, and Judge Williams in most of the "claim cases" decided against the Free State man. Free State men were often arrested on some trumped- up charge and were held for excessive bail or refused bail altogether. These arbitrary proceedings were very aggravating to them and they instituted a "court" of their own. squatter's court. What they called a "Squatter's Court" was organ- ized for the District. A full complement of officers. Judge, Clerk, Sheriff, etc., was appointed. The first "court" was held at what was called "Bain's Fort," a large log house on the Osage river, a little northwest of the present town of Fulton. It was built by old John Brown and Captain Bain. Dr. Rufus Gilpatrick, of Anderson county, was Judge, and Henry Kilbourn, Sheriff. Here they tried causes in due form of law, and meted out justice according to their best light. 84 HISTORY OF BOURBON COUNTY. [1857 The only reasonable ground for "exceptions" to be taken to the proceedings was, perhaps, that as there was no family Bible handy the witnesses were sworn on "Dr. Gunn's Family Physician." But as this was a court from which there was no appeal, exceptions, though often taken, were rarely noted. The existence of this rival court was not to be toler- ated by Judge Williams and his friends, and on the 1 2th day of December, 1857, he ordered Deputy Mar- shal Little to organize a posse and dissolve it. Little went up there with a few men but the court failed to dissolve. On the i6th he again advanced on the works with a posse of about fifty men. When near the fort he was met by a party with a flag of truce headed by D. B. Jackman. They held a parley, and were finally informed by Little that if they did not sur- render at once he would fire on them. The truce party warned Little that if he advanced it would be at his peril. They then returned to the fort, and Little advanced to the attack and opened fire. Several volleys were exchanged. The attack was repulsed. Some of Little's men and horses were slightly wounded. He then returned to Fort Scott. On the next day he in- creased his force to 100 men and returned again to the attack, but he found, on arriving at the fort, that the garrison had escaped during the night, and the court "adjourned." One of the posse was named James Rhoades, who started back to Marmaton, where he had been em- ployed in Ed. Jones' saw-mill. On the road he met a Mr. Weaver, a Free State man, and they got into a 1857] A PROTECTIVE SOCIETY. 85 quarrel. Weaver was unarmed. Rhoades carried a loaded gun and was himself well loaded with that same old Missouri whiskey. In the quarrel he attempted to shoot Weaver, but Weaver got the gun away from him and killed him with it. A little before this time a difficulty began between two of the Osage settlers. It was a claim fight. In 1856 a man named Hardwick came in there and took a claim. Isaac Denton and his sons, James and John Denton, came in about the same time. Hardwick per- mitted James Denton to occupy a cabin on his claim with the understanding that he was to vacate at a cer- tain time. When the time came around Denton refused to vacate. Hardwick was threatened, his cabin was fired into, and he was forced to give up his claim and get out. Soon after this Isaac Denton and a friend and neighbor named Hedrick, were killed. Hardwick was suspected of the crime and he fled the country. A year or two afterwards he was arrested in Missouri for this crime and delivered to John Denton to be brought to Kansas for trial. On the way Denton shot Hard- wick dead. Denton, in his turn, was killed at Barnes- ville, by Bill Marchbanks, for the killing of Hardwick. A PROTECTIVE SOCIETY. Geo. H. B. Hopkins settled on the Osage in Septem- ber, 1856. He lived neighbor to Hedrick when the latter was called from the bed-side of his sick wife and shot down in his own door. The Dentons also lived in the same neighborhood. The killing of Hedrick 86 HISTORY OF BOURBON COUNTY. [1857 and Denton on account of the threats of the Pro-slavery men that no Free State man should be allowed to raise a crop or stay on his claim, caused Mr. Hopkins and his neighbor, Mr. Denison, to start out and organize a " Protective Society." A large meeting was collected. Squire Jewell was made chairman. Hopkins, Jewell and Denison were chosen a committee to draft by-laws. At a second meeting, three days later, James Mont- gomery of Linn County was present, but took no part until the men present at the meeting showed their hands by passing the following resolution : " Resolved, That we, the members of this organiza- tion, pledge ourselves to protect all good citizens in their rights of life and property irrespective of politics." Montgomery then arose and in a speech said : "I am now with you and will be to the end. Some men must be active in defense while others work. We have a hydra-headed monster to fight, and I for one will fight him and with his own weapons, if necessary." And from that time dated the activity of Montgomery as a partisan leader of the Free State men. He now pro- posed to take the saddle. After Isaac Denton and Hedrick were killed, old man Travis, also a settler on the Osage, was arrested charged with having something to do with their murder. He was taken before the Squatter's Court at Mapleton and there found not guilty. On his way home he stopped at Dr. Wasson's, and that night the house was attacked and he was killed. Dr. Wasson was also shot in the arm and crippled for life. This was done or instigated by Jim Denton. 1857] THE CONSERVATIVES. 87 CHAPTER XII. THE CONSERVATIVES. LL through these border troubles there was v32^ naturally and necessarily what may be called a conservative resident element in Fort Scott and throughout the county, of both the Pro-slavery and Free State parties ; men trying to attend to business, improve their claims, make homes, and carry on their daily avocations. These men were, as they well expressed it, between two fires. And the alarms, incursions, excursions and the retaliatory acts, back and forth between the two parties were carried on over the heads of these law-abiding men. It was a diflScult position, much harder to maintain in the country than in town. These men were not conserva- tive in the sense of being non-committal or even non-partisan but as being " non-active" in the political difficulties which did not concern their private affairs. It is of no avail to speculate now whether or not this factious, partisan border trouble was necessary or could have been prevented. It was simply a matter of fact ; it existed, and that is all there is to be said about it. The Free State men were, in a large measure, on the defensive. They either had to hold their ground or be 88 HISTORY OF BOURBON COUNTY. [1857 driven out. Get out or fight. It was a "condition and not a theory that confronted them," although it was a theory which, in some sense, had brought them to this country in the first place; the theory that they had a right to go into United States territory, take a claim, make a home and speak and vote as they pleased. And they proceeded at once on the theory that the condition they found was a theory, and that their original theory should become the condition. U. S. TROOPS AT FORT SCOTT. The constant alarms occurring in the latter part of this year resulted in the calling of a public meeting at Fort Scott on the i3tli day of December. E. Ransom was made chairman. Resolutions were reported that a vigilance committee of five should be appointed to take measures to assist in the better execution of the law, either by the organization of a militia company or an appeal to the Governor and having United States troops stationed here. The committee appointed was H. T. Wilson, Blake Little, T. B. Arnett, G. A. Crawford and J. W. Head. The committee rightly concluded that it would be injudicious to try to organize a military company at that time, and decided to ask for troops, who were supposed to have no politics. At their instance John S. Cummings, the sherifi" of the county, reported to Acting Governor Stanton that he required the aid of U. S. troops in the execution of the law, and sent the concurrent statement of Marshal Little to the same effect. In response to this request 1857] VOTE ON LECOMPTON CONSTITUTION. 89 Captain Sturgis, afterwards a Union General, was sent here on the 21st of December with Companies E. and F. ist U. S. Cavalry, and order was restored and maintained for the short time they were here. FIRST VOTE ON THE LECOMPTON CONSTITUTION. Governor Walker, finding that his idea of fairness and justice ran counter to that of the propaganda, resigned his office on the 17th of December. He had been absent from the Territory for some time and Secretary Stanton had been Acting Governor, and while so acting had called the special session of the Territorial Legislature to change the date and manner of voting on the lyccompton Constitution, and for that act, and others not in the programme, he was removed. J. W. Denver was appointed to succeed him as Secretary, and took the oath of office on the 21st of December, and became Acting Governor. On December 21, the first election was held on the Lecompton Constitution. At this election the Free State men again abstained from voting, or giving it any attention. The vote in Bourbon County, as returned, was as follows : For the Constitution, with slavery, 366 For the Constitution, without slavery, ... 78 There were only nine votes cast against the constitu- tion in the entire Territory. These were voted at Leavenworth and the tickets read "To hell with the Lecompton Constitution." 90 HISTORY OF BOURBON COUNTY. [1857 This election, besides being otherwise a farce, was more or less fraudulent in every precinct in the Territory, Bourbon County not excepted. Bourbon County elected members of the State Legislature under the Lecompton Constitution as follows : Blake Little for Senator, D. W. Campbell and J. C. Sims for the House. EflTorts were now being made at different points, notably at Leavenworth, to organize a Free State Democratic party, as Free State Democrats everywhere repudiated the Lecompton Constitution, but no organ- ization was effected in 1857, Among the arrivals about the close of the year were Alex McDonald, brother of B. P. McDonald, and E. S. Bowen, who had purchased and shipped a sawmill, which was on the road and would arrive in due time. The mill machinery began to arrive about the middle of the next month, and was to be erected at a site chosen for it near the corner of what is now First Street and Ransom Street, or maybe a little further West towards Scott Avenue. Lumber was going to be in demand, for building would begin in the Spring, although the year 1857 was closing in turmoil, excitement and uncertainty. \ 18581 SECOND LECOMPTON ELECTION. 91 CHAPTER XIII. SECOND ELECTION ON LECOMPTON CONSTITUTION. "sHDHE year 1858 opened politically with the now ^l almost periodical election on the Lecompton Constitution. This one occurred on the 4th of January, as was provided for, as will be remem- bered, by the Territorial Legislature in the special session of December, 1857. In Bourbon County the vote was as follows : For the Constitution with slavery 55 For the Constitution without slavery . . . none Against the Constitution 268 The total vote in the Territory, as published, was: For the Constitution with slavery 138 For the Constitution without slavery ... 23 Against the Constitution 10,226 There was little or no deliberate or prearranged fraud in this election in Bourbon County. The Pro-slavery men in their turn abstained to a great extent from voting, but the Free State men went at it in great shape this time. No analysis of the vote can be made. It will be noted that Bourbon County cast nearly one-half of the total 9^ HISTORY OF BOURBON COUNTY. [1858 votes in the Territory for the Constitution with slavery, as they were finally counted. But the vote proved nothing as to the relative strength of parties in this county. If an accurate poll of the legal voters in the county that day could have been taken for the Consti- tution with slavery, or against the entire Constitution, it would have resulted in about 250 votes for each side of the question. FIRST NEWSPAPER ESTABLISHED. The Fort Scott Town Company fell heir to the press and material of the "Southern Kansan," which was started and two numbers issued by Kline, who went to war, and got killed in 1856, as you have read. This material was afterwards stored in the black- smith shop of Arnett's corral, where it remained until January, 1858, when it was resurrected under the aus- pices of J. E. Jones. It was removed to the south room of the second floor of the Land Office building, where Joe Williams, jr., and Charlie Bull — scrub typos, proceed to sort the pi, and make ready for the publica- tion of the Fort Scott Democrat. The first number of the Democrat made its appearance on the 27th of Jan- uary, 1858, J. E. Jones, editor. The publication of the Democrat was continued by Mr. Jones until sometime in 1859, when he left town. THE FIRST GRAND BALL. About the ist of January, 1858, W. T. Campbell, who with his family, had been living at Baruesville, whither 1858] TROUBLE BEGINS AGAIN. 93 he had moved from Kalamazoo, Michigan, came to town and took charge of the Fort Scott or Free State Hotel. Soon after, he gave what might be termed the opening ball. All the elite of the city were present. One fiddle furnished the music. Joe Ray "called," and "alamand left" was heard at regular intervals until the "wee sma' hour" of seven o'clock next morning. We don't re- member very well all the ladies who were there, but we do remember Miss Jemima Roach. Jemima was the belle of the evening. For the benefit of the rising generation we will give something of a description of her ball costume, which will answer for a description of all, for they were all about alike — cut off the same piece in Colonel Wilson's store. Well, Jemima had on a good warm linsey woolsey dress, with small check, say, half-inch square, cut high neck and low sleeves, trimmed with a feathery ruche of cut calico, and a dove colored belt, a la cinch Mexicano. We believe the dress was not cut bias anywhere, unless it was under the arms. Just a good plain every day dress that would do to milk in. Then good warm woolen stockings. Government red tape garters, and good stout calf-skin shoes, laced with buckskin strings. That's all. Sally Duncan was the only one known to complain about a thing at the ball. She said she "didn't like the durned abolition callin'; too much cheatin' yer pardners." TROUBLE BEGINS AGAIN. The troops remained here until the loth of January. 1858, when they were ordered away, and then trouble 94 HIS TOR Y OF BOURBON COUNTY. [1 858 commenced again. Some of the Border Ruffians took a squad out to where Mr. Johnson lived and abused him, took some of his stock, and threatened to make him leave. Johnson got word to Montgomery about it, and asked him to come down and see about some fellows whose names he gave as the leaders, who were then stopping in Fort Scott. About the loth of February Montgomery was sighted by some of their scouts, com- ing in sure enough, with a party of twenty men. Out about the California ford on the Marmaton they were met by a delegation to ascertain what he wanted. When he told them who he was after, they informed him that this particular man had leaked out into Missouri. But Monty thought he would come in and see for himself. So he did. But they were gone. Then Crawford and Judge Williams and some others, invited him and his forces to take breakfast at the Free State Hotel ; pre- sented him the freedom of the city, so to speak — on a tin platter. So the boys, who were in their "working clothes," and not overly well dressed, took on a good breakfast, and then went quietly home. On the 15th, the men Montgomery had been looking for returned, Brockett among them. Soon after that a difficulty occurred between Brockett and Charley Dimon, which might have resulted seriously, had it not been for the firmness and courage of Colonel Campbell. OBJECT LESSON IN SURGERY. On the 28th of February a party under command of Dr. Jenuison and "Rev." Stewart, alias "Plum,'' went 1858] ORIGIN OF ''JAYHAWKERy 95 to the house of a Pro-slavery man named Van Zumwalt, on the Osage, and routed him out. When the door was being opened — which was hung on wooden hinges and opened outward — the muzzle of a gun was noticed being poked out through the crack near the upper hinge. Some one shot at it and Van received the ball in his arm. He then surrendered. It was found to be a bad wound, and Jennison, who was a very good surgeon, then went to work and washed and dressed the wound, giving the boys a clinical lecture as he went along, explaining everything, and giving them instructions how to proceed in similar cases which were likely to to occur in the future. If Van had been killed it is presumed Rev. Stewart would have made a ' 'few remarks' ' about the uncertainty of this life, and said a few words for the repose of his soul. The Jayhawkers always went well fixed in the matter of the learned professions. They generally had a doctor and a preacher along, and quite often a lawyer. ORIGIN OF "JAYHAWKER." On this trip the word, Jayhawker, originated. Jen- nison had with him a regular all-around thief named Pat Devlin. After the boys went into camp north of the Osage, the next morning after visiting Van Zumwalt, they noticed Pat coming in riding a yellow mule loaded down with all sorts of plunder. In front of him were hanging from the horn of the saddle, a big turkey, three or four chickens and a string of red peppers, behind him a 50-pound shoat, a sheep-skin, a pair of boots and a bag of potatoes. 96 HISTORY OF BOURBON COUNTY. [1858 "Hello, Pat, where have you been," asked Doc. "O'ive been over till Eph. Kepley's a-jayhawking. " "Jayhawking? What in thunder do you mean? What kind of hawking is that?" said Doc. "Well, sor, in ould Oireland we have a birud we call the jayhawk, that whin it catches another birud it takes deloight in bullyragin the loife out ov it, like a cat does a mouse, and, be jasus, Oi bethot me Oi was in about thot same business mesilf. You call it 'forag- ing off the inemy,' but, begobs, O'ill call it jay- hawking." "All right," laughed Jennison. "We'll call it 'Jay- hawking' from this on." And so it was. This same Pat Devlin took a claim on the Osage some time before the incident related, laid a foundation for a cabin on it and prepared for pre-emption. But his inclination to jayhawk overcame any desire he may have had to become a farmer, and, in consequence, he was away so much "on thot business" that he for- feited all right to his claim. John Hinton, of the Osage, then jumped the claim, built a cabin and moved his father and mother and family into it. Among the family was the old grand father, a man about 85 years of age, who was bed-ridden and helpless from rheuma- tism. One day Pat was riding by the cabin, and on examination, he found that the family were all away from home except the old man. What did he do then but turn in and first tearing the roof off the house he rolled the logs off one at a time clear down to a level with the old grand pap's bed, leaving him there in the weather, alone and utterly helpless. 1858] FIRST MANUFACTORY. 97 CHAPTER XIV. FIRST MANUFACTORY IN FORT SCOTT. ^BOUT the 2oth of Februar}', 1858, McDonald's saw-mill was completed and steamed up for the first time. The boys thought this was a proper occasion to steam up likewise, and Alex, McDon- ald "gave a party" that night. Egg-nog was the principal ingredient. Ben. McDonald, John Little and Ed. Smith were chief cooks and did the mixing. They thought they had plenty of fuel when they started in, but Ben said they run out of Polk County sour mash, and towards the last he had to chuck in some bay rum. Anyway, they laid the boys all out, bottom side up. They didn't know whether they were border ruffians or prohibitionists. Joe Ray said the next day, they had to dust their hats with slick powder and put them on with a shoe horn. The boys had lots of fun at this saw-mill. Ben was head sawyer and Joe "bore off" the slabs, when he couldn't get Charlie Osbun, or some one of the other boys to do it for him. Joe wasn't lazy, but he was awful tired. They sawed cottonwood lumber sometimes. Cottonwood was great lumber to warp. Joe said it would often curl up and crawl oft in the bushes and hide. 7 98 HISTORY OF BOURBON COUNTY. [1858 MARMATON TOWN COMPANY. On the 6th of February, 1858, an act was passed by the Legislature incorporating the town of Marmaton. W. R. Griffith, W. B. Barber, W. H. Krotzer and Horatio Knowles were named as the incorporators. On the nth of February another act was passed incorpor- ating the Town Company of Marmaton. The incorporators were T. R. Roberts, J. E. Jones, Orlando Darling and Charles Dimon. This Company spelled the name with an "i" instead of an "a" thus: "Marmiton." The correct way to spell the name of the town and the river is as the Town Company had it. The name was given the river by the French fur traders who were here before any other white people. The word means scullion, or kitchen boy, the one that empties the pots and slops. But the people of the town and township preferred to spell the name "Marnjaton," and they petitioned the County Court to have the spelling of the name changed, and it was so ordered. UNIONTOWN. Uniontowu was laid out in 1858, by Aleph Goff, W. W. Wright and B. F. Gumm, who were members of the Town Company. Uniontown took the place of "Turkey Creek" post office, which was a well known point in the early days of the Territory, when it was in "Russell" Township. It is surrounded by as fine an agricultural country as there is in the county, and the settlers, old and new, are of the best class of people. 1858] THE ENGLISH BILL. 99 THE LEAVENWORTH CONSTITUTION. The Legislature on the loth of February, 1858, passed an act providing for the election of delegates to another State Constitutional Convention. The election was held on the 9th of March. W. R. Griffith was delegate from this county. The Convention met at Minneola on the 23rd of March, and after organizing adjourned to Leavenworth, where the first session was held on the 25th of March. On April 3d the "Leaven- worth Constitution" was completed. The prominent feature of this Constitution was that it nowhere contained the word "white." The Leavenworth Constitution did not figure to a great extent in the history of Kansas. President Buchanan had, on the 2nd of February, 1858, trans- mitted the old Lecompton Constitution to the Senate and recommended the admission of the State under it. This he did in the face of the known and often expressed opposition to that Constitution by both the Free State Republicans and the Free State Democrats. THE ENGLISH BILL. Congress, being unable to agree on the question, finally appointed a conference committee, and on the 23d of April, W. H. English, of Indiana, reported for the committee what is known as the "English Bill." This act provided that the Lecompton Constitution be again resubmitted to a vote of the people ; provided stringent regulations for securing a fair vote, and provided for an immense grant of lands to the State for 100 HISTORY OF BOURBON COUNTY. [1858 various purposes, aggregating nearly six million acres, as a straight bribe to the people if they would adopt it. We will vote on this proposition as quick as we can get around to it. JAYHAWKING REDUCED TO PLAIN STEALING. Everything being somewhat quiet this winter in the "political" circles of this section, Montgomery decided to retire from the field, and do a little work in the way of improvements on his farm in Linn county when spring opened. There were others, he thought, who could continue the watch on the border and keep the upperhand of the Border Ruffians in this part of the Territory. The man principally relied on to do that was a Methodist preacher called Captain, or "Rev." Stewart, the same man mentioned as having had a hand in the Van Zumwalt affair. Stewart had about twenty men, who mostly lived north of the Osage river, when they had any home at all. For awhile everything went off all right. But very soon brother Stewart "back- slid," and he and his gang began stealing horses right and left, and running them off up north. They gave themselves up to plundering, robbing and stealing from everybody and anybody. They pretended to be Free- State men — called themselves so — but any man who had a little property was a Pro-slavery man in their eyes, and "all horses were Pro-slavery." They committed so many villainous outrages that the settlers, of all parties, began to leave the country. Many came in to Fort Scott for protection. It seemed like 1858] JAYHAWKING, 101 the country would be depopulated. The Governor was appealed to for troops by Judge Williams and others and on the 26th of February Captain George T. Ander- son came down with two companies of the ist U. S. Cavalry. But he could not do much good ; he could not guard each individual, and he could not catch the thieves. He told the settlers who applied to him for protection that they must come in to Fort Scott. That was a difficult matter, too, for those who had property, especially stock. They could not well bring that in to town. This plundering and stealing was aided and participated in to some extent by a few of these very U. S. soldiers, who were sent here to protect the people. Edward Wiggin, who now lives on his farm about four miles north of Fort Scott, came here with Capt. Geo. T. Anderson, as a private in Company "I," Anderson's company. He says there was a small squad of his compan)', giving their names as Bill DeBost, Jim Sim- mons, Henry Sadwick and some others, who soon fell in with the idea of playing "Jayhawker, " and influ- enced by some of the old Border Ruffians, repeatedly made stealing raids out into the county, in which they represented themselves as "Stewart's men," and Free- State men. A. Hyde, who after the war located in Fort Scott, and was at one time City Marshal, and who our citizens familiarly called Cap. Hyde, was also a member of Anderson's company. Through the influence prin- cipally of Ed. Wiggin and Cap, Hyde the thieves mentioned were driven out of the company for this stealing business. In the meantime, all this thieving and indiscriminate 102 HISTORY OF BOURBON COUNTY. [1858 plundering was casting an odium on the Free State party and giving it a bad name among those who were not in the saddle. Things came to such a pass that Montgomery again took the field to straighten them out. As soon as he appeared Stewart and most of his gang left this part of the Territory for a while and that sort of business ceased for some time. FIGHT WITH U. S. TROOPS. Montgomery remained in the field. The Southeast- ern border was infested by Border Rufiians of the worst class, many of whom had been driven down by the Free State men further north and had lodged along the Missouri State line. They were making their last stand here. Hamilton was their General-in-chief. It was an idea of theirs to use the United States troops to accomplish the capture of old Jim Montgomery. They had out their spies, and on the 21st of April it was ascertained and reported to them that Montgomery was in the Marmaton valley. Captain Anderson was at once urged by the Border Ruffian crowd to go out and bring him in. Anderson, like many of the regular army officers, was himself an ultra Pro-slavery man and would have liked nothing better than to have gotten hold of Montgomery. He did not require much urging, and soon started out with a detail of men to capture him. About six or eight miles out, in the Isaac Mills neighborliood, they sighted old Jim sure enough, riding leisurly along, with about twenty men, Western House, or Pro-Slavery Hotel. -*. ii»8i«i tf* Narrow Defile on Taint Creek. 1S58. 1858] FIGHT WITH U. S. 7 R OOPS. 103 and they took after him full tilt. It had not yet become customary to fight United States troops by either faction, and Montgomery having no desire to commence the practice "skeedaddled." But being close pressed he turned up Yellow Paint Creek to a good narrow defile for defensive purposes which he knew of, quickly dismounted his forces to fight as infantry, and coolly awaited the onslaught of Anderson's troops. Anderson paid no attention to the order, three times given, to halt, but opened fire without dismounting, badly wounding one man, John Denton. Montgomery replied with a volley, killing one soldier named Alvin Satterwait, wounding one or two others and killing a soldier's horse, which fell on him pinning him to the ground, and also killing Anderson's horse. The regulars then retreated to town, and the irregulars went on about their business. This was the first and only time United States troops were fired on during the border troubles. The Free State party had always been careful to avoid placing themselves in the light of rebels, or as resisting the bogus Territorial laws. This affair was not similar to that of Thermopolyae or the Alamo, for "Thermopolyae had one messenger of destruction; the Alamo had none," but it might easily have been, had Anderson's force been of similar disproportion. Captain Anderson resigned soon after this, and when the war broke out he went into the rebel army and became a Brigadier General. He had a brigade at Pittsburg Landing. Captain Hyde was also in that battle as a private in the regular army. On the first 104 HISTORY OF BOURBON COUNTY. [1858 day of the battle Hyde was wounded and left in the hands of the Confederates, where he was accidentally thrown into the presence of General Anderson. They knew each other at once, and Anderson caused him to be taken care of until the second day, when the tide of battle, surging past where he was, left him in the hands of his friends. The second in command under Montgomery in the Paint Creek fight was Aaron D. Stevens, then going under the name of Captain Whipple. More will be said of him hereinafter. 1858] SOME OLD SETTLERS. 105 CHAPTER XV.. SOME OLD SETTLERS. tMONG the men who settled in this county in the Spring of 1858, was James F. Holt, who went out to where William Holt was located on Turkey Creek. Mr. Holt was born in Tennessee, April 15, 1819. He was postmaster at Turkey Creek, and held other important positions and was a well known figure in our county affairs. William Jackman came from Pennsylvania and settled at Rockford. Guy Hinton, A. Wilson and his brother M. Wilson came out from Ohio, and located at Mapleton. Frank M. Smith, from Tennessee, settled near Mapleton. Charles Elliott, from Ohio, was quite a prominent man; he served as County Treasurer one term. D. B. Jackman, Attorney- at-Law, first went to Anderson county, but located "all along the Osage" in 1858. He was prominent in "Squatter Court" afiairs. E. G. Jewell and D. Jewell settled on the Osage. E. G. Jewell, a very promi- nent man, was one of the vice-presidents at the organ- ization of the Republican party at Osawatomie, May 18, 1859. H. Hickson, from Ohio, settled on Mill Creek. W. R. Clyburn, from Indiana, settled on Dry- wood. The Custard family, from Pennsylvania, and 106 HISTORY OF BOURBON COUNTY. [1858 J. B. Caldwell from the same State, settled on Drywood. C. H. Haynes and family as noted by the Fort Scott Detnocrat^ arrived in March, 1858. He soon afterwards purchased an interest in the saw-mill, and some time afterwards he and Mr. Jenkins moved the mill to the Marmaton river, northeast of the Plaza. Captain Haynes entered the service at the beginning of the war, as a lieutenant in the 6th Kansas, and in 1862 raised and commanded Co. B, 14th Kansas. He was married to Miss Jennie Hoyle, December 20, 1855. John J. Stewart, who has already been mentioned as having come here in January, 1856, had now grown to manhood, and taken a claim on Mill Creek near Cen- terville. He married Miss Elizabeth Harbin in Febru- ary, 1856. During the war he served first in the 6th Kansas, and afterwards raised and commanded Co. C, of Colonel Eaves' battalion, and was all through the Price raid of October, 1864. He has repeatedly repre- sented the Mill Creek District in the Legislature, and has served two terms as County Treasurer. He finally moved to Fort Scott, and was one of the principal founders of the well known State Bank. Charles W. Goodlander arrived in Fort Scott on the 29th of April, 1858. He came in on the first trip of the stage on the line between Kansas City and Fort Scott, just opened by Squires of Squireville, and which was to try to run tri-weekly thereafter. Goodlander had learned the carpenter trade, and desired to work at that business here; but not finding work just then, he took the job of carrying the mail to Cofachique, which then existed near where Humboldt is now. On 18581 IMPROVEMENTS BEGIN. 10*7 his trip he found the postmaster at Turkey Creek away from home, and the lady of the house, Mrs. Holt, was washing. She gave him the key and told him to change the mail himself. He did so, and found the mail consisted of one lone copy of the N. Y. Tribune. He got an occasional job at his trade, and would often carry the necessary lumber from the sawmill on his back. After a while he built a shop of his own. He felt then like he was an independent citizen, and dreamed of the time in the far distant future when he would be worth a fortune of ten thousand dollars. That was the objective point which he hoped some day to attain. Like a good number of the men who came to Bourbon County in an early day who are recognized as among the leading citizens in the town and county, he was a poor boy, with only industry, integrity, native will power and good hard sense as the capital with which he commenced life. And like these men also, with whom he has often joined hands in local enter- prises after the hardships of those disjointed times, he soon became a powerful factor in the advancement of the interests of the city and county. E. L. Marble and Robert Blackett were already here. George Dimon, Dick Phillips and A. F. Bicking arrived in April, 1858. IMPROVEMENTS BEGIN. For a good while there was not much business going on in Fort Scott, and the young men found it difficult to get steady work. They did what they could find to do in the way of odd jobs, and when business got too m HISTOR Y OF BOURBON COUNTY. [1858 slack and collections slow, they would "accept a posi- tion" on the jury of the United States Court. That was richness. The pay was $2.50 a day in gold. All the boys resorted to the jury when it became necessary to make a payment on board and washing, especially board. The washing didn't worry them. The jury was about the only means of raising ready cash. The saw mill had been running since the "opening night," sawing up oak logs into flooring and dimension stuff", and large walnut logs that would now be worth $100 each, into siding and fencing. The cottonwood lumber was all corralled or lariated out. Building operations now commenced on Market street. W. I. Linn was the first to begin. He built and opened a saloon in the structure afterwards occupied by Linn & Stadden as a grocery store. J. S. Calkins put up a small building further east, and the town company an- other, opposite the head of Scott avenue, and alongside the alley running toward the corral. George J. Clarke and Will Gallaher also erected a small log building on the rear of the lot afterwards occupied by Riggins. Further out. Roach had erected the celebrated "Fort Roach." Ben. McDonald and Albert Campbell built a small house on Williams, street. Market street, then Bigler street, was not opened for some time, owing to Ben Hill's lot fence. His house was on the street, back of the Western Hotel. J. C. Linn commenced, but never completed, a three-story frame on the corner now occupied by the stone block on Wall and Main 1858] RUFFIANS HAVE AN INNING. 109 streets. Kelly's blacksmith shop stood on the point of the triangle between Wall and Market streets. RUFFIANS HAVE AN INNING. During the winter and early spring of 1858 there was much friction between Free-State men in Fort Scott and the ultra Pro-slavery party. The latter formed themselves into a secret society called the "Bloody Reds," which extended into the border counties of Missouri. Dr. George P. Hamilton was the head. The Western Hotel, then known better as the "Pro-slavery Hotel,'- was their "official" headquarters, although their favorite meeting place was at the house of Thomas Jackson, in Vernon County, Missouri. The Pro-slavery Hotel — now torn down — was on the opposite corner of the Plaza, directly facing the Free-State Hotel. The "Reds" had a special spite against George A. Crawford, Will Gallaher and Charles Diraon, and they decided to commence operations by driving them out of town. On the 27th of April they received the follow- ing note addressed to them : 'Gentlemen : — You are respectfully invited to leave town in twenty-four hours. "Geo. p. Hamilton." Crawford sent this verbal answer : "I don't exchange messages with horse-thieves," and the crisis was on. There was no longer room for both factions. One or the other must go. The Free State party, numbering about twenty-five well armed men, decided they would stay, fight all comers and take the chances. Both no HISTORY OF BOURBON COUNTY. [1858 parties assembled at the Free State and Pro-slavery hotels, respectively, and neither ventured out. B. F. Brantley and J. H. Little called on the Free State party and informed them that if the worst came they could count on them. But they felt doubtful about the soldiers, as, it will be remembered, Montgomery had killed one of them only a few days before, but E. A. Smith went into their camp and ascertained that they would at least remain neutral. Nevertheless, Brockett had secured three of them and secreted them in the Western Hotel. But the next day they were arrested and taken to camp under guard. This state of affairs continued until the next night, when the "Reds" raised the siege, and the most of them left, never to return, and were not heard of again until the Marais des Cygnes massacre, in which they were the leading actors. THE MARAIS DES CYGNES MURDER. The Marais des Cygnes massacre occurred on the 19th of May, near the Trading Post. A body of twenty-five Border Ruffians, under the leadership of/ Captain Hamilton swooped down on the valley of Mine Creek, in Linn County, and gathering up eleven Free State men took them across the Marais des Cygnes river to a lonely ravine, formed them in line, and repeatedly fired into them, killing five outright and leaving all for dead. Ten of these Border Ruffians were well-known in Fort Scott. They were the Hamiltons, W. B. Brockett. 18o8J MARAIS DES CYGNES MURDER. Ill Thomas Jackson, Harlan, Yealock, Beach, Griffith and, Matlock. The others were probably here more or less but their names are not certainly known. The Marais des Cygnes murder was in some respects the most atrocious that had yet occurred in the Terri- tory. It was a blow from organized extermination. The effect of this murder in the North was very great. It was taken up with more than usual feeling by the press, and the details were read in every Northern household. It was the blazing text of orators and the burning theme of poets. Altogether, it did much to shatter the elements of conservatism in the North, and shape a final crisis. The nearest a parallel was the Pottawatomie murders committed by old John Brown and his sons, on the 24th of May, 1856. Brown went to the houses of his victims in the dead of night, and killed them one at a time. The men killed, five in number, were also unwarned and unarmed. It is true they were Pro-slavery men, but — a third of a century has passed away. The actors of that time have taken their rightful places in public estimation. As for old John Brown, the prediction of his intimates did not take place that "the gallows would become as glorious as the Cross." About the time of the massacre Montgomery was in Johnson County, but arrived that night at the Trading Post, where he found about 200 men assembled. The next morning a pursuit was organized with Sheriff McDaniels, R. B. Mitchell and Montgomery at the head. They left for West Point, a town about twelve miles north, where it was believed Hamilton had taken 112 HISTORY OF BOURBON COUNTY. [1858 refuge. But they failed to find an}- of the gang, but it is believed some of them were there hidden away by the citizens. Search has kept up and the border guarded for sometime. That fall Matlock was captured and taken to Paris, Linn County, for trial, but he escaped. In 1863 Wm. Griffith was arrested in Platte County, Missouri, and taken to Mound City for trial. He plead "not guilty" and set up the Amnest)^ Act as defense, but the jury found him guilty, and Judge S. O. Thatcher of this district sentenced him to death, and he was hanged October 30, 1863. Asa Hairgrove, one of the survivors of the massacre, acted as hangman. THE EFFECT ON THE BORDER. After the Marais des Cygnes murder the people all along the border were naturally much excited. They felt that this massacre was, in some sense, different and more alarming than any outrage that had yet occurred. They were used to hearing of murders, collisions between two factions, the sacking of towns, and of assassinations, but in these cases they were often the outcome of personal difficulties, or the animus was directed against persons or communities particularly objectionable. In this instance, however, they saw this armed band, sweeping in a semi-circle through the country, picking up one at a time these men who were absolutely inoflfensive and driving them to slaughter. It looked to them like their enemy was organizing for a forlorn hope, a last final struggle, the delivery of the 1858] THE EFFECT ON THE BORDER. 113 last venomous stroke of expiring energy. They did not know the day they, themselves, might not receive the stroke. Their fears were not altogether groundless. It is now known that this was only the first act of a pre-arranged plan for general murder and destruction. The people felt much incensed against Fort Scott. The citizens of the town had, however unwillingly, permitted these Border Ruffians to make it their regular stopping place and silently acquiesced in the establish- ment of their headquarters. The stigma naturally attached itself. The Governor, it is thought, realizing that there might be retaliatory measures taken by the Free State people, which must result in innocent bloodshed, had for that reason ordered a Deputy United States Marshal down to arrest Montgomery, or any other probable leader in such movement, and thus nip it in the bud. At any rate. Deputy Marshal Sam Walker was sent down here and arrived at Rayville on the 29th of May, with writs for Montgomery and some others. When he got to Rayville he found a large body of men who were being addressed by Montgomery in favor of proceeding to Fort Scott and executing vengeance on some few still there who were then believed to have been impli- cated with, and known to be in sympathy with the Hamilton crowd. On looking the ground over and feeling the sense of the people, Walker saw that was not the time or place to arrest Montgomery. But he made himself known, and, addressing the meeting, he informed them that if they would get out warrants for the arrest of G. W. Clark and others and furnish him 114 HISTORY OF BOURBON COUNTY. [1858 with a posse, he would go to Fort Scott and make the arrests. The reply was that Judge Williams would not issue the writs. He told them to get warrants from a justice of the peace then, and, although it might not be strictly legal, he would arrest the parties nevertheless. This proposition was acted upon. He was furnished with the warrants and a posse of forty-four men. Montgomery went along. On Sunday morning, May 30th, they entered Fort Scott, found G. W. Clark, and after considerable bluster on his part, arrested him. By this time Clark's friends had assembled in consider- able force, and Montgomery, knowing there were writs out for his arrest, concluded it would be discretion for him to "leak out.'' A demand was now made by Clark's friends that Mongomery be pursued and arrested. Walker, after consulting with Captain Na- thaniel Lyon, who was then stationed here, and then present, decided to do so. He turned his prisoner over to the military, overtook Montgomery and brought him back. After Clark's friends had taken a good look at "Old Jim Montgomery," Walker left with him for Lecompton for trial. But at Ray ville he was overtaken by a courier from Lyon informing him that Clark had been released by Judge Williams. This action dis- gusted and angered Walker, and he immediately turned Montgomery loose. At the time Clark was arrested feeling was running very high. It was critical. Had Clark seriously re- sisted arrest, Walker would have killed him, when Walker would in turn have been riddled, and there is no telling where it would have stopped. 1858] AMNESTY. 115 CHAPTER XVI.- AMNESTY. Governor j. w. denver, ou the 9th day of June, 1858, left Lecompton for a trip down the border, with a view of making a personal effort for the conciliation of the people. He was ac- companied by Charles Robinson, Judge John C. Wright, A. D. Richardson and others. On their road down they visited James Montgomery at his home in Linn county, and he joined their party there. They arrived at Fort Scott on the 13th. On the next day, the 14th, a public meeting was held on the Plaza, in front of the Free State Hotel. The people had gen- erally been notified that the Governor would be here for the purpose of trying to arrive at a basis for a treaty, and if possible to conclude terms of peace between the factions, and to agree on an amnesty for all past politi- cal offenses against the law by men of both parties. It seemed like every man in the county was there. The Governor had asked to meet them, and they came, but they, as well as the people of the town, were distrustful and excited. Governor Denver made the first speech in a quieting and conciliating tone and manner, which had a good 118 HISTORY OF BOURBON COUNTY. [1858 effect. He was followed by Judge Wright, of Law- rence, and B. F, Brantley, of Fort Scott, in the same strain. After they got through Gov. E. Ransom took the stand. Ransom was quite an old man. He had been Governor of Michigan, and was a man of more than ordinary intelligence, although narrow-minded and bigoted in his views, and had always been thoroughly Pro-slavery in feeling. He began his speech by a ter- rific denunciation of the Free State people for having brought on the condition of affairs that then existed. He had only fairly started on this tirade when he was interrupted by Judge Wright who stepped in his front, facing him, and denied the statements he was making in a very sharp and emphatic manner. Governor Den- ver, whose attention had been called away for a moment, then sprang in between them, and sharply told them that sort of thing must stop, and speaking to Ransom, he said: "Governor Ransom, you area much older man than I. I did not expect this kind of conduct on your part ; I had a right to expect some- thing different from you. You must stop that kind of talk. You must take your seat and be quiet." And he did take his seat, and kept quiet. This account is in Governor Denver's own words. In an address published by the State Historical Society, Governor Denver continues the account of this day's proceedings as follows : "To make a long story short, I prevailed upon all the county officers of Bourbon County to resign their offices, and then I told the people, that while I had the right to appoint any man I pleased to fill the vacancies, 1858] AMNESTY. \Vi that I desired an expression of their wishes in the matter, and that I wanted them to hold an election right then and there, and that I would receive it as instructions as to whom to appoint to those offices. They asked me how they should do it. I told them to set up their candidates, place them out at one side of the public square, one here and another there, and let their friends form a line on the right and on the left. They placed their candidates out, and I gave the word to march. The people then formed. I then appointed two men to count them. They then counted them and reported to me the number they had found for each can- didate. The first was for Sheriff, I think. Then for the next office we went through the same ceremony, and the election was held in that way. I gave them a certificate of appointment, and as soon as I got back to Lecompton I sent them their commissions." This was a critical day in Fort Scott. The men of all parties and shades of politics. Border Ruffian, Jay- hawker, Pro-slavery, ultra radical Abolitionists, Free State Republicans and Free State Democrats were all here together and facing each other. Before the speak- ing they had already began to divide and separate into parties, and at that moment the exchange of hot words or any ofiensive act would have precipitated a bloody battle. The officers "elected" that day were as follows: For Sheriff, Thomas R. Roberts; for County Commissioners, or County Supervisors, as they were called, Thomas W. Tallman of Fort Scott, M. E. Hudson of Mapleton, Bryant Bauguess of Drywood, Jacob J. Hartley and Joab Teague of Marmaton. These men were given certificates of election by the Governor, who afterwards sent them their commissions from Lecompton. Il8 HISTORY OF BOURBON COUNTY. [1858 At the first meeting of the Board, held soon after, Horatio Knowles was appointed Clerk of the Board, and some townships were organized. PROTOCOL OF PEACE. After the election the meeting was adjourned to meet at Rayville on the next day. At Rayville Governor Denver addressed the crowd, and after the speech" he proposed the following as a basis for a treaty of peace : 1. Withdrawal of troops from Fort Scott. 2. The election of new officers for Bourbon County without reference to party. 3. Troops to be stationed along the State line to guard against invasion from Missouri. 4. Suspension of the execution of old writs until their legality be authenticated by the proper tribunal. 5. Montgomery and his men, and all other bodies of armed men on both sides to abandon the field and disperse. After Governor Denver had concluded, Montgomery was called for. Montgomery was recognized as the party of the second part by the treaty making powers; the leading and representative spirit of the aggressive and self-protecting element of the Free State men of Bourbon County. The men at this meeting were not a band of marauders. They were men who lived and in- tended to continue to live in this county, and they had determined to have peace if they had to fight for it. There was a hush of intense interest when Mont- gomery took the stand. He immediately accepted the terms of the Gov^ernor's proposition. He continued, thanking the Governor for 1858] MONTGOMERY SIZED UP. 119 the interest he had taken in their affairs, the evident spirit of justice by which he seemed to be actuated ; that peace, so long a stranger to this part of the country, was above all things, what he and the people most desired, and that if the Governor redeemed the pledges that day made, he would retire to his cabin and use his best efforts to prevent any further trouble. The moderate Pro-slavery men, and the more conservative men of all parties were satisfied with the amnesty, as they called it, and for several months all seemed to strive to preserve the peace and tranquility which was thus restored. MONTGOMERY SIZED UP. James Montgomery in the general estimation of the people, is often rated and classed with J. H. Lane, John Brown and C. R. Jennison. He ought not to be so held. He was a different kind of a man. Their lives were in no ways parallel. He was no coward, assassin, crank, fanatic or murderer. "He wore no knife to slaughter sleeping men." His sincere desire was to see Kansas a free State. He was in spmpathy and co-operation with the men who made Kansas a free State. He was an instrument of the men who were holding at bay that party and that principle which were attempting to force slavery upon Kansas by the most outrageous violation of all personal and political rights. He was of the Free State party who were "holding the fort until the Republican party could arrive." 120 HISTORY OF BOURBON COUNT Y. [1858 CHAPTER XVII. SOME MORE ARRIVALS. N the first part of June, 1858, William Smith and wife arrived at Fort Scott with their son William H. and daughter Mary. The elder son, Edward A., was already here. Mr. Smith was born in ; Edinburgh, Scotland, in 1810. He was a printer by trade and worked for some years for Harper Bros, in New York, after his arrival in this country in 1830. "Uncle Billy Smith" was a man of strong, sturdy qualities, somewhat "set in his way," but with a large heart and warm sympathies. His wife, "Aunt Jane," was a noble, Christian woman. Mrs. Smith, with Mrs. Alec McDonald, organized the first Presby- terian church in Fort Scott, in the next November after their arrival. John F. White came early in June, from Pennsylvania. He was absent from Fort Scott most of the time for two years or more, conducting the general store of George A. Crawford & Co., at the Trading Post. Then he returned and opened a store of his own. He was afterward. County Treasurer for four years. Jack was a noble man. Charles F. Drake arrived June 17, 1858, from Mt. 1858] AFTER THE AMNESTY. l2l Vernon, Ohio. He came just after the Denver meeting and compromise, having walked into town from the Osage, and arrived here dusty, ragged and hungry. Finding a rather peaceful condition of things just then he decided to remain, and soon after started a small hardware store and tin-shop, the first one in Southern Kansas, Thus he commenced pounding and soldering together the elements of his successful future. He, however, always found time to "be into" and help engineer nearly all the enterprises which have since been inaugurated in Fort Scott. Our railroad enterprises have all felt the necessity of having the assistance of C. F. Drake, and most of them his signature also. He placed the Foundry on its feet and held it up for some years. He built the first Cement works, aided in the details by A. H. Bourne, Dr. B. F. Hepler and B. F. Gardner. He helped establish the First National Bank, and later, the Bank of Fort Scott ; he shouldered largely the responsibility in the erection of the Water Works and Sugar works, and has built his share of the fine business houses in the city. Mr. Drake is a man of much more than average financial ability, and his life might well be taken as a model by any young business man. AFTER THE AMNESTY. In the latter part of June, 1858, Capt. Nathaniel Lyon, then in command of the United States troops at Fort Scott, wrote to Governor Denver that: — 122 HISTORY OF BOURBON COUNTY. [1858 "The agreement made by the people here on the occasion of your late visit has been entered upon in good faith, and to this time fully observed." The newly appointed Sherifif, T. R. Roberts, at once commenced active work against the horse-thieves, especially the gang running with our old acquaintance "Rev." J. E. Stewart, who had again returned. This man Stewart and his men had rendezvous on the Osage and on Drywood, and were sheltered and protected quite as often by men claiming to belong to one side as the other. A considerable number of horses and other stock stolen by organized bands of theives, were recovered during the summer and returned to their owners by Sheriff Roberts. The Fort Scott Democrat of date of July 8th, has this to say: "Sheriff Roberts has recov- ered nearly all the horses stolen by Rev. J. E. Stewart." One day Sheriff Roberts and his posse were out to arrest some men who had been with Stewart the spring- before, and who had now slipped back again. Rube Forbes was one of them, and he was one of the men Roberts wanted. Dave Forbes, a brother of Rube, was along with the posse. When they got up near Maple- ton, they met Rube, or saw him at some little distance in the road. They all knew him at once. Rube knew them also, and fixed himself for a run by throwing away everything loose and tucking his Sharp's rifle down under his leg. Dave, as soon as he saw him, rushed his horse in front of the posse and shouted to Rube to run. Then facing the posse and raising his revolver, he said: "Gentlemen, that man is my 1858] IMPROVEMENTS CONTINUE. 123 brother; the first man that attempts to shoot him is a dead man." And he held that posse until Rube had time to get away. Soon after peace was restored, Geo, A. Crawford made a trip to Washington to effect the removal of Geo. W. Clark, who had been so long in the Land Office. This he succeeded in doing, although Clark was the pet of somebody near the Administration, who immedi- ately secured for him a fat appointment in the U. S. Navy. But this section of country was rid of him for all time. G. W. Clark was at heart a bad man. His methods were sneaking and underhanded. He held his office under false pretenses and under a false name, the rec- ords of the Land office bearing his name as Doak. He planned and instigated more devilment among his class of rabid Pro-slavery men than any other man on the border. He was not in the Marais des Cygnes murder, but he was in the secret council that planned it in the "dark recesses" of the Western Hotel. Had he and his friends then in Fort Scott ever obtained what they thought to be a sufficient advantage, their first stroke would have fallen on Crawford, Gallaher, Dimon, Mc- Donald, Campbell, Tallman and others, instead of the wholly unprotected and unwary men who formed that fated line on the banks of the Marais des Cygnes. IMPROVEMENTS CONTINUE. During the summer the work of improvement went on satisfactorily. Hill & Riggins and Wilson, Gordon 124 HISTORY OF BOURBON COUNTY. [1858 & Ray erected their new stores on Market street and occupied them. The Demoa-at had moved to the sec- ond floor of the Town Company's building; the Com- pany occupied the front room, and the post-office the back room of the lower floor. Two Swedes erected the great barn-like building at the Southeast corner of the Plaza, one of them — the big one — packing most of the lumber from the mill on his shoulders, and C. F, Drake occupied the east room for his stove and tin store. William Smith erected a dwelling at the corner of Scott avenue and Locust street. Charley Goodlander put up his shop on the east side of Scott avenue. EXIT I.ECOMPTON CONSTITUTION. Governor Denver had designated the 2nd of August, 1858,1 as the day for the election on the Lecompton Constitution, as submitted by the provisions of the English Bill. , The election took place on that day, with the follow- ing result in Bourbon County : Against. For. Rayville, 53 . Sprattsville, 18 . Mapleton, 84 . Marmaton, 41 . Osage, 30 . Mill Creek, 26 . Drywood, 50 ... 13 Fort Scott, 81 ... 19 Total, 383 . Zl 1858] EXIT LECOMPTON CONSTITUTION. 125 The total vote in the Territory was : Against the Constitution, 11,300 For the Constitution, 1,788 Majority against, 9>5i2 And that was the last of the Lecompton Constitution. It was born in iniquity and shame; left in all its squalor on the steps of the White House; there reclothed, a bribe for its adoption hanged around its neck and then returned to the place of its nativity, only to be spurned into a timely grave. Thus perished the last hope of the incipient Confed- eracy that they could ever add Kansas to their territory. They gave up the fight. The struggle was over. Kansas was free. 126 HISTORY OF BOURBON COUNTY. [1858 CHAPTER XVIII. AMNESTY BROKEN. SrPHE regular election for member of the Territorial b^ Legislature was held on October 4, 1858. Bourbon County was in the 12th District. Thomas R. Roberts was elected the member for this county. On the loth of October Governor Denver resigned, and Hugh S. Walsh became Acting Governor until the appointment of Samuel Medary, of Ohio, Governor Medary arrived at Lecompton on December ijtli and assumed the office of Governor. The truce agreed to in June had been generally ob- served and nothing objectionable to any party occurred until in November, when stealing commenced again. The houses of Poyner and Lemons, two farmers living north of Fort Scott, were robbed, and many other dep- radations were committed. It is not known who com- mitted all these robberies, but they were generally laid onto "Montgomery's men." Some of the robberies were probably committed by men who had, at some time or other, been with Montgomery. There was no "politics" in it more than there would be now days in any plain case of stealing, nor had it anything what- 1858] AMNESTY BROKEN. 127 ever to do with the amnesty agreement further than a tendency to "stir things up." About the 17th of November, 1858, a man named Ben Rice, who had figured more or less as a Jayhawker was arrested on old indictments for crimes committed before the amnesty. It was said one indictment was for the murder of old man Travis who had been killed on the Osage nearly a year before. The arrest of Rice, although it was made by a Free State ojfficer, on an indictment found by a grand jury, partly, at least, of Free State men, was regarded by many as a deliberate rupture of the treaty of peace and amnesty, which would be followed by the indictment and arrest of all who had been active in the border difficulties, and that the revival or resumption of the execution of old writs for past offenses of a political nature would fall only on men of the Free State party, as most of the men of the Pro-slavery party who were liable under the law for crimes and misdemeanors had been driven out or had voluntarily left the Territory. Montgomery also regarded the arrest of Rice on such an indictment as a violation of the agreement with the Governor of June 15th. He argued that all offenses committed prior to that date should be "amnested." The other side claimed that the agreement was, substan- tially, that for past offences no arrests should be made except on duly authenticated indictments by grand juries. Such in fact was the real spirit and intent of the Denver agreement. Then followed a couple of weeks of uneasiness and growing dissatisfaction, when a meeting was called at 128 HISTORY OF BOURBON COUNTY. [1858 Rayville to endeavor to quiet things down again. W. R. Griffith was j)resident, J. C. Burnett and Rev. M. Brockman, vice-presidents, and J. E. Jones, secretary. Montgomery, in a speech interpreted the June agree- ment, claiming that amnesty was of the essence of that treaty, etc. A motion that offenses committed prior to June 15th be referred to grand juries of the proper counties was lost. On the other hand, a motion to forcibly release Rice was also lost. There was some further discussion, but it was impossible to agree on any line of action, and Montgomery determined on the release of Rice. RELEASE OF RICE — DEATH OF UTTLE. On the night of the 15th of December, 1858, a party with the purpose of releasing Ben Rice from custody assembled at the house of old man Wimsett, about three miles west of Fort Scott on the Marmaton river. The leaders present were old John Brown, Montgomery and Jennison. These men had with them their lieutenants and particular followers which they had brought down with them from Linn County, of about fifteen men each. On the Osage they were joined by some twenty more and five or six were added to their force on the way down through the county, making the aggregate number at Wimsett's sixty-eightor seventy men. They also brought down a small cannon, then owned by the Mound City people — now in possession of the State Historical Society — which they called "Betsy." Alec Howard, of Osage, hauled Betsy down in a two-horse wagon. 1858J DEATH OF LITTLE. 129 A general council was then held by the prominent men to arrange details. The question of who should command the expedition came up. Brown wanted to lead. He claimed he was the oldest man and oldest in the border war and should have command. He defined his plan of campaign as the absolute destruction of the town and the killing of all who resisted. Hazlett, Whipple, Kagi and some few others supported Brown. Montgomery claimed that he should lead; that the people of the Osage country, in both counties looked to him and relied on him, and he knew their wishes; that he had been their representative in the Denver agree- ment, and in all the public meetings at Rayville and other points; that the sole and only object of the expe- dition was the release of Rice, and that not a single house should be burned or a man killed, and finally, in the most arbitrary manner he declared that he was and would continue in command. Jennison had nothing to say. He was there to go in with anybody and run his chances. He afterwards, in a published "sketch of his life" claimed that he was the leader, but his leadership began after the store was broken open and the goods in sight. The party then started for Fort Scott, crossing the Marmaton at the California ford. Brown remained at Wimsett's. The affair had assumed too insignificant proportions for the great "Liberator" to fool with, especially if he couldn't boss the job. After their arrival at the edge of town, at the house of J. N. Roach, called "Fort Roach" by the boys, which was a log house near the present corner of National avenue and First street, they halted and there formed 130 HISTORY OF BOURBON COUNTY. [1858 into three squads of twenty men each. It was now just daylight, between six and seven o'clock. On reaching the Free State Hotel, where they had previ- ously ascertained Rice was kept, the first division passed quietly by the right to the rear of the house, the second squad to the left, and the third mounted the big flight of stairs in front and passed on up to the third story, where they found Rice and quickly released him. While this was going on a tragedy was being enacted in the building just across the alley from the hotel. This building, still standing, was built by the Government for quartermaster's stores. It is a long, one- story frame house, and was at this time occupied by Little & Son as a general store. A partition had been run through lengthwise, and the part next to the hotel was the storeroom, and the other part was occupied by the Little family. The store had a front entrance and also a side door. John Little and George A. Crawford, for that night, were sleeping in the store. The noise made by the rescuing party aroused their attention. Just then they heard some one cry "Jayhawkers ! " Then Little grabbed his gun, opened the front door a few inches and, seeing an armed mob, fired on them, lodging a load of duck-shot in the heavy overcoat worn by Hazlett. Kagi, standing near Hazlett, instantly fired at the door, putting a ball through it just above Little's head. Little then locked the front door and went to the side door, placed a goods box against it and mounted it in order to see through the transom what was going on. The glass in the window was dusty and he took his white handkerchief and was 1858] • DEATH OF LITTLE. 131 cleaning a spot so he could see out better, when Capt. Whipple, standing about at the corner of the hotel, seeing the handkerchief moving, fired at it with his Sharp's rifle. The bullet struck Little in the forehead, and he dropped to the floor and expired in a few minutes. Then the uproar commenced. The Jay- hawkers thought there were armed men in the store. The cannon was brought up to bear on the house. Some one shouted that there were women and children in the house. Then the doors were all opened or broken down, front and rear. They found no one in the front part of the store but Mr. Crawford and the dying Little. They assisted Mr. Crawford in carrying Mr. Little around to the part of the house in which the family lived. In the meantime several citizens had made their appearance, and as fast as they did so they were arrested. Colonel and Mrs. Wilson, in the next house to the hotel, came out on the porch and were ordered down on the sidewalk among the other prisoners. Alec McDonald, living in the next house to Colonel Wilson's, came out. Jennison, standing on the sidewalk in front of Wilson's, ordered him to surrender and come down there. Mc- Donald declined the invitation and darted inside the door just as Jennison let go at him with his rifle. The ball is in the door now. Montgomery, seeing Mrs. Wilson, thought he saw in her face a resemblance to Dr. Hogan, who had once befriended him when they all lived in Missouri. On ascertaining that Dr. Hogan was her brother, he at once released her and the Colonel and promised that 132 HISTORY OF BOURBON COUNTY. [1858 their store should not be disturbed, but "requested" that the Colonel furnish some of his men with break- fast. The Colonel ordered breakfast at the Western Hotel for thirty, but the men did not stay to eat it. The jayhawkers on breaking open Little's store, seeing the dry goods, boots, saddles, etc., began to help them- selves. Jennison was in there. He took one of the new saddles, turned it over on the floor and piled dry goods and things on it, then buckled the surcingle over them, poked his gun through the bundle, shouldered it and walked off. He looked liked the cuts in newspapers and hand-bills of those days advertising slaves. C. F. Drake, Crawford and others went to Montgom- ery and tried to have him stop the stealing. He did try to, but the fellows had got a taste and he could not control them. He did, however, succeed, like in time of a big fire, in "confining it to one block." Little made a fatal mistake in firing the first shot into the mob. While it cannot be stated without question that if there had been no resistance or show of arms there would have been no bloodshed or firing on un- armed citizens by the rescuing party, it is altogether probable that such would have been the case. There was a bad element along, headed by Jennison, who only awaited an excuse like being first fired on to shoot at any body they saw, or commit any depredation. George Stockmyer, Mr. Tabor and Mr. Johnson, living in the neighborhood of Dayton, learned of the proposed attempt to release Rice the day before, and with a view of preventing probable trouble, started that night for Fort Scott with the intention of inform- 1858] DEA TH OF LITTLE. 133 ing the proper officers and getting them to release Rice in advance of the mob. But they were prevented for some reason, and did not get in until too late. The tragic death of John H. Little was much regret- ted by all who knew him, not only in town, but throughout the country where he was well acquainted. Every body knew "Little & Son," and Little's Store. He was a man of strong Pro-slavery prejudices, but of late he had nothing to do with politics, but was attend- ing strictly to the business aflfairs of the store. The right name of the man who shot Little was Aaron D. Stevens, who was then going under the assumed name of ' 'Capt. Whipple. ' ' He had a singular history. At the age of fifteen he went into the Mexi- can war and, young as he was, he distinguished him- self for undaunted courage. After the war his command started home across the plains. One day an officer was grossly abusing a private soldier. Whipple witnessed it as long as he could stand it and then turned in and whaled the officer nearly to death. For that Whipple was sent to Leavenworth, tried, and sentenced to be shot. But he escaped. In January, 1856, he turned up at Topeka, got in with the boys, and was made Captain. Later he joined John Brov/n and died with him for the Harper's Ferry business, as did also the men called Kajji and Hazlett. 134 HISTORY OF BOURBON COUNTY. [1859 CHAPTER XIX.- MILITIA ORGANIZED, ■grPHE incidents which had occurred during the last ^§ of December renewed the excitement throughout the county. The citizens of Fort Scott and the neighborhood made application to Governor Medary for troops. The Governor having no troops to send advi.^ed the organization of home militia to act with the Marshal in enforcing the law. They acted on his suggestion and the organization of militia companies was begun about the first of the year. John Hamilton, the old sergeant of the regular army, who was here when the post was established in 1842, was captain of the first company, and C. F. Drake lieutenant. Another company was organized by Alex. McDonald, W. T. Campbell, A. R. Allison and W. C. Denison. Two or three other companies were started; they had plenty of men for officers, but they ran out of men for privates. They finally concluded that, as the weather was pretty cold anyway, they would let old John Hamilton run the military depart- ment. Being an old soldier he immediately brought matters into military shape, with roll-call, guard mounting, drill, etc. Their arms were all private property and were of as heterogeneous a character as 1859] MILITIA ORGANIZED. 135 could well be imagined — flint-lock muskets, rifles of every imaginable pattern, shot-guns, carbines and pistols. On application of Governor Medary a quantity of smooth-bore muskets were sent to the end of the Pacific railroad, whence, during the month of January, 1859, they were escorted to Paris by a company from Linn County. On the trip. Captain Weaver, in charge of the party, in drawing a loaded gun from a wagon, was accidentally shot and killed. The greater part of the month of January was spent in drilling. The force was divided into three com- panies under Captains Hamilton, McDonald and Campbell. J. E. Jones, A. McDonald and W. T. Campbell were appointed Deputy U. S. Marshals. The men were all regularly mustered and sworn in. Sunday morning, January 30, 1859, a company of fifty men started for Paris after the new arms. The trip occupied four days and on their return preparations were at once made to go in pursuit of the Jayhawkers. The entire mounted force marched at midnight on the 4th of February. Hamilton's company reached the Ivittle Osage, near the present Fort Lincoln, at daybreak. For three days they scoured the Little Osage country clear to its head, riding almost continuously, and returned to Fort Scott at midnight of the 7th with about a dozen prisoners, completely worn out. After a few days' rest they proceeded with their prisoners to Lawrence, where they were to be tried. The difficulties in Southeastern Kansas early engaged the attention of the Legislature, to whom the Governor had presented his version of the matter. To remedy 136 HISTORY OF BOURBON COUNTY. [1859 the evils in this part of the Territory the jurisdiction of Douglas county was extended over the infected dis- trict, and all persons were ordered to be brought to Lawrence for trial, away from the scene of strife. That is the reason these prisoners are being taken there. LAWRENCE AND FORT SCOTT GET ACQUAINTED, Continuing their journey they camped at Black Jack on the night of the 14th. Next morning, at the Waka- rusa. Marshal Campbell met them with the news of the passage of the "Amnesty Act," and the captives were turned loose. The wagons and most of the men at once set out on their return to Fort Scott. Some, desirous of visiting Lawrence, since they were so near, and with no suspicion of the reception they would receive, rode on. As they quietly pursued their way up Massachusetts street, and had almost reached the Eldridge House, the cry was raised in the crowd that Hamilton, their Captain, was the Hamilton of Marais des Cygnes fame. In a moment they were beset by a fierce mob numbering several hundred. Resistance was useless. Putting spurs to their horses they dashed for the prairie. But the mob was ahead of them. As they galloped down New Hampshire street they received a perfect avalanche of bullets, brick-bats, rocks, mud and sticks. In a short time they were completely hemmed in, and then there was nothing for it but to surrender. But everything was explained after awhile and they were treated with the greatest consideration during the remainder of their stay in that city. 1859] COUNTY SEAT MOVED. ' 137 One good result of this affair was that Lawrence and Fort Scott became better acquainted, and the bad im- pressions and prejudices of both towns which had existed against each other were, to a great extent, re- moved. Fort Scott's opinion of Lawrence was that it consisted principally of jayhawkers and thieves, and Lawrence was entirely certain that Fort Scott contained nothing but Border Ruffians, with Doc Hamilton as Mayor and Brockett as Police Judge. When they found that the Fort Scott people were, like the best men of their own town, only interested in the peace and prosperity of Kansas, they felt most kindly towards them, and from that day both communities drew a clearer line between "jayhawkers" and good citizens. The ' 'Amnesty Act' ' mentioned was passed by the Leg- islature only a short time before, and was to this effect : Sec I. That no criminal offenses heretofore com- mitted in the counties of Lykins, Linn, Bourbon, Mc- Gee, Allen and Anderson, growing out of any political difference of opinion, shall be subject to any prosecu- tion on complaint or indictment in any court whatsoever in this Territory. "Sec. 2. That all actions now commenced growingout of political differences of opinion, shall be dismissed." This act, taking effect immediately after its passage, pardoned and liberated all political prisoners then in custody within the designated limits. COUNTY SEAT MOVED. In the winter of 1859 the county seat was moved from 138 HISTORY OF BOURBON COUNTY. [1859 Fort Scott to Marmaton City. There was a combina- tion of circumstances which eflfected this removal. There was a feeling that the records and other propert}' of the county would be more secure away from Fort Scott. There was also considerable feeling of animosity against that town, as the result of old prejudices, and it is probable, also, that a scheme for a real estate specu- lation, headed by T. R. Roberts, the Representative in the Legislature, had something to do with it. At any rate the records were moved, and the first meeting of the County Board was held on the 25th day of February, 1859. At this meeting the townships of Freedom, Franklin and Marmaton were organized. The people of Fort Scott sat still and saw the records and offices moved away without much protest, as they, even then, relied on their "natural advantages" for the future of their town. But C. F. Drake and a few others realized the necessity for having the County Seat at Fort Scott, if it was in future to be the principal town in the county, and they went to work to recover it, as will be seen hereafter. PREPARING FOR ANOTHER CONSTITUTION. On the 7th of March, 1859, Governor Medary issued a proclamation calling an election for or against holding a Constitutional Convention, in order to ascertain whether or not the people wished a State government. This election was held on the 28th of March, 1859. It was the first step under the movement for the Wyan- dotte Constitution. 1859] AN ALL-AROUND GOOD YEAR. 139 Bourbon County voted as follows : For a Constitutional Convention 333 Against a Constitutional Convention 47 Majority for 286 The total vote in the Territory was : For a Constitutional Convention 5i3o6 Against i)425 Majority for 3, 881 This was a very light vote. There was but little division of public sentiment on the question, and no contest at the polls. Everybody was in favor of a State government, except a few bad smelling politicians, old time Jayhawkers and Border Ruffians, whose "political principles" had degenerated into the sole desire to see the country kept embroiled and the field kept open for plundering, thieving and guerrilla warfare. AN ALL-AROUND GOOD YEAR. The spring of 1859 opened and continued fairly sea- sonable, except there was a little too much rain. Even up to June the rivers and streams, from the Marais des Cygnes down, were often past fording, and sometimes out of their banks. But, nevertheless, the prospect for growing crops was good, and there had been much more planting than ever before. Emigrants were coming into the Territory in large numbers, although that year the "Pike's Peak" excite- ment was at its height, which diverted much the larger 140 HISTOR Y OF BOURBON COUNTY. [1859 stream of emigration to the gold fields of the Rocky Mountains. Bourbon County, however, in spite of the troubles, trials and vexations she had passed through, in spite of the marauding of irresponsible men, which had cast an odium on her good name, and in spite of the heretofore almost lawless condition of society, was, nevertheless, receiving a fair share of good farmers and good men. The valleys of the Osage, Marmaton and Drywood were filling up, and the high open prairie was being intruded upon by the cabin and corral. Towns were springing up, — Dayton, Xenia, Uniontown, Rockford, Cato, — all with at least a store, and a post office. The names of all who settled in the county that year should be recorded here, but it is impossible. They came in too thick. Fort Scott received a good increase in population during 1859, also. Among the many coming in that year was C. W. Blair. Charles W. Blair located in Fort Scott in the spring of 1859. He was born in Georgetown, Ohio, February 5, 1829. -^^ studied law when a youth and at the age of twenty-one was Prosecuting Attorney for his county. December 25, 1858, he was married to Miss Katherine Medary, daughter of Hon. Samuel Medary, who was soon afterwards appointed Governor of Kansas Territory. He was accompanied to Fort Scott by his old law tutor, Hon. Andrew Ellison, and they entered imme- diately upon the practice of law, which has been the occupation of his life except the interim during the late war. Blair was always a Free State Democrat, 1859] AN ALL-AROUND GOOD YEAR. 141 and after Siimpter was fired on he was a War Democrat in the full sense of the term. He began his war service by raising the first company of soldiers organ- ized in Fort Scott. Afterwards, he passed through the several grades of Major, Lieutenant-Colonel and Colonel, and in the latter part of the war was promoted Brigadier General, at the special request of U. S. Grant. His star was, in part, gained on the bloody ridge of Wilson Creek, when, after the incompetent "political General" Sigel was crushed and his guns taken, and he discovered he was fighting Americans, the rebel host turned in full force on the main line — when, after the noble Mitchell and Deitzler, of the First and Second Kansas, had fallen badly wounded, Lieutenant-Colonel Blair took command of both those stunned and shattered regiments, rallied them into line on the right of the Iowa men and advanced to the ringing call of Lyon : "Come on, brave men, I will lead you." U2 HISTORY OF BOURBON COUNTY. [1859 CHAPTER XX. DELEGATES TO THE WYANDOTTE CONVENTION. o'TPHE election of delegates to the Wyandotte Con- ^§ stitutional Convention occurred on the 4th of June. The candidates for delegates from Bourbon County were J. C. Burnett and W. R. Griffith, Republicans, \ and Ezra Gilbert and Hugh Glen, Democrats. The ' election resulted as follows : J. C. Burnett, 281 W. R. Griffith, 294 Ezra Gilbert, 229 Hugh Glen, 229 In the Territory 14,000 votes were cast. The Repub- licans elected 35 and the Democrats 17 delegates. The Convention was to meet at Wyandotte on the 5th of July, 1859. Affairs in Bourbon County were now quiet. Peace had apparently come to stay. As the 4th of July ap- proached the people decided to celebrate in the good old-fashioned way. Meetings were held, committees appointed and all the preliminary arrangements made. They proposed to invite everybody to come and partic- ipate, and give them a good dinner. The preparations were on an enormous scale. There were loads of cooked 1859] WYANDOTTE CONVENTION. 143 beef, pork and mutton, mountains of bread; immense quantities of cake and pie, prepared by the ladies. A four-horse wagon load of ice was brought from the Marais des Cygnes at a cost of lo cents per pound, for manufacture of lemonade. The ground selected was in the bottom, just west of the point of the bluff back of town, near the big spring. Governor Ransom was President of the Day; Hon. Jos. Williams, Colonel Judson, Judge Farwell, M. E. Hudson, Thomas Helm, W. T. Campbell and Colonel Morin, Vice-presidents; Rev. Mr. Thompson, Chaplain; Mason Williams, Reader; Iv. A. McCord, Orator. The crowd was immense; the usual proceedings were had; all were filled, some of them apparently for a month ahead. A GRAND BALIv. In the evening there was a "grand ball" at the Fort Scott Hotel. Again Joe Ray "called," assisted by C. W. Goodlander. The boys were supplied with "invi- tations" printed on small sheets of note paper, with display type and gold-tinted letters, gotten up in the very best style of the job office. The boys would take these "ball tickets," fill in the name of their "first choice," and in the event that she was already engaged or couldn' t go, would fill out another invitation and send to some other girl. Keep trying. The colored people had a ball that same night, just in the rear of the hotel. They didn't have to go to the expense of music or the trouble of "calling." They just waited till the white folks started up, and then went at it with a whoop. 144 HISTORY OF BOURBON COUNTY. [1859 THK FORT SCOTT "DEMOCRAT" REVIVED. Sometime before this, J. E. Jones had suspended the publication of the Democrat^ and left town. The Town Company, who owned the material, was desirous that the paper should be revived, so negotiations with that end in view, were opened with William Smith and his son, E. A. Smith, who decided to give it a trial. The first number under their management was issued on the 14th of July, 1859, ^^^^ th^y continued its publication regularly until the summer of 1861, some time after the breaking out of the war, when E. A. Smith left the editorial chair and went into the army. In 1882 he published in one of the city papers a considerable amount of excerpts from the Democrat^ something in the diary form, which he said "was not designed as a connected narative or history, but rather as data which may aid some one else in such a work." These data were principally in reference to events which occurred in Fort Scott, and were of great assistance in the preparation of this work, especially in the matter of dates. The advertising columns of the first number of the Democrat show at that time a very respectable business community. Of lawyers there were Ellison & Blair, William Margrave, S. A. Williams, John C. Sims, C. P. Bullock, Richard Stadden, Williams & Bro. (Mason and Wm. M.,) James J. Farley, George A. Crawford, and L. A. McCord ; there were doctors J. H. Couch, A. M. H. Bills, and A. G. Osbun. E. A. Smith was County Surveyor. General merchandise was represented by H. T. Wilson, Hill & Riggins, George A. Crawford & Co. 1859] WYANDOTTE CONSTITUTION. 145 John S. Caulkins was in the clothing, Malone in the grocery, and C. F. Drake in the stove and tinware busi- ness. Then there were Robert Blackett and Daniel Funk, tailors ; C. W. Goodlander and Dennison & Waterhouse, carpenters ; John G. Stuart, carriage and wagon maker ; E. L. Marble, boot and shoemaker ; Tom Huston, saddle and harnessmaker ; Fort Scott Hotel, B. B. Dillon, prop. ; Western Hotel, Linn & Harris, props. ; Harry Hartman, bakery and ice cream saloon. WYANDOTTE CONSTITUTION. The Wyandotte convention completed their labors on the 4th day of October, 1859. The vote in the Territory was as follows : For the Constitution 10,421 Against 5,530 The vote in Bourbon County was : For the Constitution 464 Against 256 This was the Constitution under which the Terri- tory was finally admitted into the Union as a State. On the 8th of November an election was held for delegate to Congress, and for Territorial Legislature. In Bourbon County the vote was as follows : For Delegate, M. J. Parrott, Republican, 368; S. W. John- son, Democrat, 251. For Representative, H. Knowles, Republican, 359; G. Hubbard, Democrat, 259. On the 6th day of December an election was had under the Wyandotte Constitution for State officers, 10 146 HISTORY OF BOURBON COUNTY. [1859 Representative in Congress and State Legislature, to take effect when the Territory should be admitted as a State. Charles Robinson was the Republican and Samuel Medary the Democratic candidate for Governor, Martin F. Conway, Republican, and J. A. Halderman, Democrat, for Congress; W. R. Griffith of Bourbon County was the Republican candidate for Superintend- ent of Public Instruction, The entire Republican State ticket was elected by about 7,900, against 5,400. The vote in Bourbon County on Governor — and about the same on the other officers — was: Robinson, 275; Medary, 149. J. C. Burnett, Republican, was elected for State Senator by 270, against Geo. A. Crawford, Democrat, 141. Horatio Knowles was elected Repre- sentative by the same vote. A District Judge was also elected December 6th, under the Wyandotte Constitution, Bourbon County was to be in the Fourth District with Allen, Anderson, Douglas, Franklin, Johnson, Linn and Lykins, (after- wards Miami), Solon O. Thatcher, Republican, and James Christian, Democrat, were the candidates. The vote in this county was substantially the same as for Governor, and Solon O, Thatcher became our first District Judge, Judge Thatcher served until 1864 when he resigned, and Hon, D, P. Lowe, then of Linn County, was appointed to fill the vacancy, Epaphroditus Ransom died at his residence in Fort Scott, Nov. nth. B, B, Dillon died on the i6th. Mr, Rankin organized a Presbyterian church in Fort Scott, It was composed of John S. Caulkins, Mrs. A. McDonald and Mrs, Wm. Smith. NlCAK HaMU'.KA UN THK ?iIAKMATON. Residence, near Maruiaton, of W. R. Griffith, iMrst vState Supt. of Public Instruction. iS6i. 1860] LEGISLATURE MEETS. 147 I CHAPTER XXL. . LEGISLATURE MEETS. "sCPHE Territorial Legislature met at Lecompton on ^^ the 2d of January, i860, but soon after adjourned to Lawrence. The town of Dayton was incorpo- rated by an act of this Legislature, approved February 18, i860. The Dayton Town Company consisted of George Stockmyer, D. J. Patterson, E. Kepley, George A. Crawford, O. Darling, C. E. Cranston, J. S. Dejernett and Amos Stewart. FORT SCOTT TOWN COMPANY INCORPORATED. On the 27th of February, i860, the Legislature passed an act incorporating the Fort Scott Town Company. The company had been in existence since January, 1857, but had not up to this time been incorporated by law. Geo. A. Crawford, W. R. Judson, Joseph Wil- liams, E. S. Lowman, H. T. Wilson and Norman Eddy were named in the act of incorporation. FORT SCOTT INCORPORATED AS A CITY. On this same date — February 27, i860 — an act was passed with the following title : 148 HISTORY OF BOURBON COUNTY. [1860 "An act to amend an act to incorporate the town of Fort Scott." Section First provided: "That all that district of land described as follows, to-wit : — The southwest quarter, the west half of the southeast quarter, the southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of Section Thirty, Township Twenty-five, of Range Twenty-five, be and hereby is declared to be a city by the name and style of the City of Fort Scott." The act also provided that the first election should take place on the second Monday of March, i860. A. R. Allison, S. A. Williams and C. F. Drake were named inspectors of said election. FIRST CITY ELECTION — COUNTY ELECTION. The city election took place according to law, and resulted in the choice of the following ofiicers : Mayor, W. R. Judson; Councilmen, H. T. Wilson, C. W. Blair, John S. Redfield and George A. Crawford; Clerk, Wm. Gallaher ; Recorder, Wm. Margrave ; Marshal, Richard Phillips; Assessor, John S. Caulkins; Treasurer, A. McDonald; Street Commissioner, A. R. Allison. At this election, the first in the new city, 81 votes were cast. W. R. Judson failed to qualify as Mayor, and Joseph Ray was elected to that position, and became the first Mayor of Fort Scott. On the loth of September, i860, Joseph Ray, as Mayor, purchased the town-site of Fort Scott from the United States, consisting of 319 ii-ioo acres, as described in the act of February 27th, incorporating it 1860] LAST BORDER DIFFICULTIES. 149 as a City. The patent afterwards issued by the Government for the land described is dated July lo, 1861. About the ist of April, i860, a county election was held at which the following named county ofiScers were chosen : County Commissioners, Isaac Ford, I^ester Ray, G. W. Miller; Probate Judge, H. Knowles; Assessor, J. N. Roach; Treasurer, J. Aitkin; Register of Deeds, W. H. Norway; Coroner, Dr. Freeman. THE LAST BORDER DIFFICULTIES. In May, i860, the notorious "Pickles" of lyinn County, a general all-round thief, was arrested and brought to Fort Scott for trial for theft. His real name was Wright, but he got his nick-name of "Pickles" for having, in one of his expeditions, stolen a two-quart jar of pickles and devoured them as he rode along. When taken into court he plead guilty to the charge of horse-stealing, and was at once sentenced to the penitentiary, as an act of discretion, to avoid falling into the hands of an Osage Vigilance Committee, who had assembled in town, headed by old Billy Baker with a rope. Some of Pickles' gang came down as far as the Osage and endeavored to raise a rescuing party, after the Ben Rice fashion, but they soon abandoned the project. The day for that sort of thing had passed. The vigilance committee mentioned, or anti-horse thief society, as they called themselves, which had been formed up about Mapleton, came into town to look after the Pickles trial, with an eye open for a possible attempt at rescue. 150 HISTORY OF BOURBON COUNTY. [1860 Pickles fared better than did a man named Guthrie, who, some time before this, was found with a horse supposed not to belong to him, and was taken from the hands of a constable and hanged by this committee. They also got hold of Hugh Carlin, who had given the settlers on the Osage a good deal of trouble, and in the early part of July he was taken from the house of A. F. Monroe, without giving him time to dress, and that was the last of Hugh Carlin. In these hangings a young man named L. D. Moore was particularly active as a member of the committee. On the night of the i6th, of November he was visited by Jennison, with a squad of about twenty men. Upon arriving at Moore's house, Jennison kicked open the door and shot Moore before he had time to get out of bed. This murder was in retaliation for the hanging of Carlin. Although Moore, who had settled on the Osage in 1857, was a Pro-slavery man, politics had little or nothing to do with his death. It was a kind of an afterthought — a finishing up job of Jennison's, who two days before that had started out on a circuit in Ivinn county, first hanging old man Scott in his own door yard, in the north part of that county; the next day hanging Rus Hines near the Missouri State line, east of Mine creek, and winding up with the killing of Moore. The first two were killed on the pretext that they had aided in the return to the owners of runaway negroeSj and Moore was killed because he was, as Jen- nison said, "a little too conservative." There was, in the fall of i860, a secret society organized in Linn county, which they called the "Wide 1860] LAST BORDER DIFFICULTIES. 151 Awakes." It probably existed to a more or less extent all along the border. In Linn county it was especially strong. Nearly every Free State man in that county joined it. The fundamental principles of this society were opposition to the enforcement of the Fugitive Slave Law; to take measures on all occasions to nullify its provisions; to uphold the officers, sheriffs, etc., in its nullification; to forcibly prevent the return of fugi- tive slaves, and, when they got over into Kansas, to give them a bag full of grub and show them the north star. The society did not, however, propose to take violent measures in the case of men who were aiding and assist- ing in the execution of the law. But Jennison and a few with him took the general feeling as a license for him to do so, and the death of Scott and Hines, and indirectly that of Moore, was the result. In Bourbon County all these murders, by both parties, caused a decided revulsion of feeling, not only against the Jayhawkers, but all other species of mob violence, vigilance committees, protective societies, etc., in all forms. The point was passed where any- thing more of that kind would be tolerated. The disposition and determination of the public mind was to inaugarate law, to establish the forms and prece- dents they had been accustomed to in the old States, and thus bring order out of the utter chaos which had so far reigned from the day the Territory was organized. It was not hoped that this could be accomplished in a day, but it was, nevertheless, practically so, for these were the last outrages perpetrated under the guise of " Free State" or "Pro-slavery." 152 HISTORY OF BOURBON COUNTY. [1860 CHAPTER XXII. . THE ARTS OF PEACE. ^rPHE idea of improving their homes, establishing <^^ schools amd churches, instituting county fairs, building railways, etc., began to take possession of the people. Hardly a week passed that there was not an enthusiastic meeting in the interest of some line. Among the proposed roads were the " Tebo and Neosho," afterwards the Missouri, Kansas and Texas, the "Fort Scott, Neosho and Santa Fe. " and the "L , but it cleared up later in the forenoon, Up to 3 o'clock that afternoon no definite news was had of the operations of the two armies. They could hear the boom of the cannon, but they did not know the result of the day. All kinds of rumors were flying. Late in the day large bodies of troops were seen marching on the city. But it was soon ascertained that they were Union troops under Colonel Moonlight. They then learned of the victory at Mine Creek, and that General Blair's command and other forces of the Union army would soon be here. The revulsion of feeling cannot be described. The tense, rigid feeling of suspense and anxiety which had so long held the courageous militia to their work, gave way to exultation and joy. That night Generals Curtis, Pleasanton, Blunt and Sanborn and their forces came in, bringing the captured rebel Generals and other prisoners, and the captured 1864] PUBLIC MEETING. 197 cannon. The next morning they again took up the march in pursuit of Price, except General Pleasanton and his command, who, after remaining a few days, left for St. lyouis with the prisoners and captured artillery. On the 28th, Colonel Stadden of the 24th regiment, issued the following order : Gen. Order No. 5. The Colonel commanding takes pleasure at this time in thanking the brave men under his command for the heroism and fortitude displayed during the late crisis. Although not actively engaged in the field, the cheer- fulness displayed is certainl}'^ worthy of a veteran corps. * * * * Ai^ain he assures you that no one will have occasion to blush for being a member of the "First Bourbon." I. Stadden, A. Danford, Adjutant. Colonel Commanding. PUBLIC MEETING. On the next Saturday evening a large public meeting was held in Fort Scott. S. A. Manlove was chosen President, and J. R. Morley, George Dimon, G. A. Reynolds, N. Z. Strong and William Margrave, Vice- Presidents. General Blair, who had returned to his post as Commandant, was called on to speak. The General said he was not there to make a political speech, as he had nothing to do with politics since the war be- gan, and would not have until it closed. He said he desired, however, to do justice to the brave men who had left their homes and kept in the front until Kansas was out of danger. He closed with a detailed descrip- tion of the battle g. Mine Creek, and the military operations along . iu. Border. 198 HISTORY OF BOURBON COUNTY. [1864 As has been stated, General Curtis continued the chase after the rebels, pursuing them to their final de- struction as an army. This was the last time Bourbon County was threat- ened by the invasion of an armed enemy, and the people soon settled down to some degree of peace and quiet. The general election was held on the 8th day of No- vember. Samuel J. Crawford was elected Governor and Sidney Clarke, Congressman; A. Danford was elected State Senator from Bourbon County. The Represent- atives were: Fiftieth District, L. D. Clevenger; Fifty- first, D. L. Campbell; Fifty-second, N. Griswold; Fifty-third, N. Z. Strong. D. M. Valentine was elected Judge of the Fourth Judicial District. D. B. Emmert, District Clerk; Wm. Margrave, Probate Judge, and Nelson Griswold, Superintendent of Schools. Bourbon County cast 960 votes for Lincoln electors and 126 for the McClellan electors. The year 1864 had been a season of more than usual disquietude and apprehension, in this county. Besides the operations of the regular Confederate armies, there were many roving bands of guerillas, bushwhackers and marauders swarming along the Missouri border, who took every opportunity to slip into Kansas and commit murder, robbery, theft and any depredation that took their fancy or that occasion permitted. The bordering section of Missouri was practically without law, civil or military, and these men held full sway in their reign of terror. This state of affairs continued until Price's horde was swept down the Border, and the last remnant of rebellion disappeared. 1865] CITY ELECTION. ]9§ CHAPTER XXVIII. LINCOLN. ^'TPHE year 1865, while it was laden with eveius of ^? vast import to the Nation, bore to us but few marked incidents of a local nature. President lyincoln was re-inaugurated on the 4th of March, and was assassinated on the 14th of April. He had, however, lived to see the surrender of Appomattox, and to smilingly approve of Grant's direction to the paroled army of North Virginia: "Take your horses and mules home, you will need them on the farm." He had lived to see the rebellion crushed, and to realize that government by the people should not perish from the earth. Nor will his name. He had reached the apex of human greatness. The Infinite fittingly or- dained there should be no descent. CITY ELECTION. In the spring of 1865 the regular election was held in Fort Scott for city officers. Isaac Stadden was elected Mayor. The Councilmen were A. R. Allison, S. A. Manlove, Charles Rubicam and J. R. Morley. City Marshal, H. C. Jones ; Treasurer, C. F. Drake ; Recorder, Wm. Margrave ; Assessor, J. W. Coutant ; 200 HISTORY OF BOURBON COUNTY. [1865 Street Commissioneiv C. W. Goodlander ; Attorney, A. Danford. J TiK SCHOOLS. Ill January, i860, S. W. Greer, Superintendent of Schools, made a report of the condition of the schools in the Territory at that date. His figures for Bourbon County are as follows : Number of districts organized, seven. Number of children between the ages of 5 and 21, seventy-four. The first school district in this county was organized in December, 1859. It was what was afterwards Dis- trict No. 10. None wire organized in i860, and only 45 v/ere organized until after the war, when in 1867 the organization of districts again commenced. At the close of 1865 ther-^ were 3,261 children of school age in the county. Many of these were children of refugees who had come in to Fort Scott from Missouri and Arkansas. Through the efforts of C. F. Drake, and a few others, school rooms were furnished and fitted up in the old hospital building and in the old City Hall. The few school buildings in the county were poorly furnished. The appliances were meager. There was nothing like uniformity in books. The children brought the books which had been used by their par- ents fifteen or twenty years before, and represented nearly as many different States and kinds of books as there were children. The daily routine was something like this: The reading class would form in line; one scholar read a verse from an old reader commencing, "Rome was an ocean of flame;" the next would read one about 1865] COST OF PROVISIONS. 201 "Lo! the Poor Indian;" the next, not having anything but Webster's Spelling Book, read about one of the pictures in the back part, where the girl failed to be able to buy a new dress because the cow kicked over the pail of milk, Ar.'i so on down the line, until the last one, a little fellow, read the best he could about the wonderful cat. The facilities for acquiring an education in those times compares but feebly with our grand institutions of the present day. Our trained, competent and effi- cient professional teachers, with the paternal aid of the State, have wrought a wonderful change. Working through our Normal Colleges and High Schools, they have brought our common school system wellnigh to perfection. Not only that, they have caused the word "Teacher" to take its rightful place at the head of the list of the learned professions. And also, like Abou Ben-Adhem, "of those who love their fellow- men, their names lead all the rest." "May their tribe increase." COST OF PROVISIONS. In July, 1865, J. S. Emmert, County Clerk, left among the records of the County an itemized account of the expenses of housekeeping, from which the following extracts are made : One-half bushel apples, $1.50; one dozen beets, 50 cents; four pounds of butter, $1.25; four dozen eggs, $1.30; four heads of cabbage, 50 cents ; twelve pounds of sugar, $3.00; five pounds of coffee, $5.00; one-half gallon kerosene, $1.00 ; one bushel of potatoes, $2.00; 202 HISTORY OF BOURBON COUNTY. [1865 six bars soap, $i.oo ; two chickens, 80 cents ; one peck of onions, 75 cents; one-half pound tea $1.50; fifty pounds flour, $3.50. MUSTER-OUT. The Kansas troops had been or were being mustered out. Their old yellow parchments said they were "honorably discharged." "No objection tore-enlist- ment known to exist." But many of them knew there were objections known to exist — dressed in calico — and they were going to meet those objections, just as soon as possible. A farewell glance was given the faithful old camp kettles and mess pans, in which they had so often cooked coffee and beans and rice and desiccated potatoes, or the chickens and sweet potatoes, turkeys, and pigs, and geese, which somehow found their way into the company messes. They were going home. The orderly sergeant called the roll for the last time. He skipped many names on the original muster-in roll. Some had been discharged for wounds or other dis- ability; many had left their bones in one or the other of a dozen States from Kansas to the Sea. The record of Kansas in the war is grand. The State sent more soldiers to the war than it had voters in 1861. Its quota under the calls for troops was 12,931; it sent 20,151, without conscription. Nineteen regiments and three batteries participated in more than a hundred engagements, six of which were on Kansas soil. The battlefields from Wilson Creek to the Gulf are conse- crated by their blood. Provost-Marshal-General Fry, in his final reports of the Union Army Roster, wrote 1865] BUSINESS AND IMPROVEMENTS. 203 this: "Kansas shows the highest battle mortality of the table. The same singular martial disposition which induced about one-half of the able-bodied men to enter the army without bounty may be supposed to have in- creased their exposure to the casualties of battle after they were in the service." The regiments and batteries had all made an honor- able record. In the many battles in which they were engaged, there were none of which they were not entitled by General Orders to emblazon the battle-name on the white stripes of "Old Glory." BUSINESS AND IMPROVEMENT. The people of our county were now turning their attention more than ever before to the pursuits of peace. For ten years there had existed among our entire people a sense of insecurity and apprehension. It was an epoch of unrest, — a decade of bloody strife. No one on retiring to rest at night knew what might occur before another sun. An enemy was always in striking distance. They became accustomed to this state of affairs at times, when the recurrence of some bloody deed would again raise up the nightmare of border strife or civil war. But all that was at an end. The war was over, and the receding tide had taken with it the flotsam and jet- sam of border war. Fort Scott was rapidly improving. The "Wilder House" and the stone "Miller Block," opposite, had been built sometime, and they were classed among the architectural wonders of the State. 204 HISTORY OF BOURBON COUNTY. [18(55 The Wilder House was thus named in compliment to A. C. Wilder, who was Congressman from this State, and afterwards stationed for a time ?t Fort Scott in the Commissary Department, and who was, also, a great friend of the Dimon brothers, who built the house. A. C. Wilder was a brother of D. W. Wilder, who is not only well known in Fort Scott but throughout the West. The "Miller Block" was built by Dr. J. G. Miller, who, as stated, was a Representative in 1865, and a prominent man until his death, some time afterwards. The military telegraph had been run down the road from Leavenworth in 1863, and its last months of use here by the military, the office was conducted by J. D. McCleverty as chief operator. George A. Crawford had erected a year before a large flouring mill of four run of burrs, probably the largest mill then in the State. Early this year he commenced the erection of a large woollen factory, the largest and best appointed of any one in the West. By fall of this year there could be heard the whirr of a thousand spindles, and the inter- mittent thump and bang of many looms. The best grade of merchant } arns, blankets, and woollen cloths were manufactured. The wheat and wool of this and adjoining counties were worked up here which found a ready market. This mill and factory were totally destroyed by fire on the night of November i, 1870. There was no insurance on this property and its loss to Mr. Crawford caused much financial embarrassment. It was also a severe blow to the city of Fort Scott. These mills were the pride of the town, then struggling for a - ^..if ^^ Section of Market Street, 1865. I ISfi.i] BUSINESS AND IMPROVEMENTS. 205 place in the front rank of the manufacturing points in this State, and ambitious even then, to be rated as the principal city of Southern Kansas. The establishment of a military post at Fort Scott during the war was, of course, of material advantage to it. While much of the business was of a transitory nature, a very considerable amount of it was of legiti- mate wholesale trade, and the retail trade with the surrounding country was very extensive. Among the largest business houses at the close of 1865 maybe noted 'he following: Dry Goods — Wilson, Gordon & Ray, A. McDonald & Bro., J. F. White, J. R. Morley & Co., Wm. Roach, Rosenfield & Co., San- derson & Thomas, Shannon & Seavers, A. J. Lagore, and Jones & Cobb. Groceries — Linn & Stadden, G. R. Bodine, A. Cohen, Ernich & Lender, E. M. Insley, Van Fossen Bros., Parker & Tomlinson, and Penning- ton & Secrist. Hardware — C. F. Drake and Rubicam & Dilworth. Bankers — A. McDonald & Bro. Book vStore — S. A. Manlove. Livery Stables — Beuj. Files, P. Clough, H. Dimon, S. A. Olds, and Chas. Walker. Watch Maker — D. Prager. Tailors — R. Blackett and J. Winter. Harness Maker — Hartman & Co. Plas- terer — A. Coston. Shoemaker — John Crow.. Cabinet Makers — S. O. Goodlander and Wm. C. Weatherwax. Wagon Maker — ^John A. Bryant. Blacksmiths — W. H. Dory, Moses Boire and C. J. Neal. Drug Stores — D. S. Andrick & Co. and W. C. Dennison & Co. Barbers — Ed. Henderson and Joe Barker. Carpenter — C. W. Goodlander. Masons — John Higgins and Billy Shan- nehan. Physicians — B. F. Hepler, J. H. Couch, J. S. 206 HISTORY OF BOURBON COUNTY. [1865 Redfield, S. O. Himoe, L. M. Timmonds, J. C. Van Pelt, etc. Lawyers — Too many, as usual. The rest of the fellows kept saloons. The principal business part of the town was then on Market street — called Bigler street then — and North Main street. A. McDonald & Bro. 's store was in a long one-story frame house, fronting on Scott avenue, and running along Wall street to the alley. The "Banking House" was in the rear end of it, with an entrance on Wall street. The other business houses, on Market and Main Streets, were all one and two story frame buildings, many of them but little better than board shanties. Most of the business houses on these streets were burned in the great fire of April 23, 1873. A very good county fair was held at Fort Scott on October 12, 1865. G. A. Crawford, David Gardner, A. Goff, and N. C. Hood, were the officers. The general election for 1865, was held on the 2nd of November. In Bourbon County D. B. Emmert was elected as State vSenator to fill a vacancy. The Repre- sentatives elected were as follows: 50th District, W. H. Green; 51st, J. L. Wilson; 52nd, Nelson Griswold ; 53rd, C. W. Blair. General Blair ran against W. A, Shannon, a very popular republican, and was elected by a vote of 264, as against 145 for Shannon, The ruling prices of some of the staple provisions in the fall and winter of 1865, in the Fort Scott market were as follows: Wheat, $2,50 per bushel; flour, |io per hundred; corn meal, $2.75 per bushel; oats, $2 per bushel; corn, $2.50 per bushel; sugar, 2,}^ to 50c per 1865] BUSINESS AND IMPROVEMENTS. 207 pound; coffee, Rio, 66>4C per pound; coffee, Java, 75c per pound; teas, 1^2.50 to $3.50 per pound; rice, 30c per pound; molasses, $1.50 to $3 per gallon; butter, 50c per pound; cheese, 40c per pound; eggs, 60c per dozen; potatoes, $4 to $4.50 per bushel; turnips, $2 per bushel; green apples, $3.50 to %\ per bushel; dried apples, $5 per bushel. In the summer of 1865 the Kansas & Neosho Valley Railroad Company was organized at Kansas City, Mo. The initial point of this road was to be at Kansas City. The Southern terminus and direction was undetermined. Official communication was opened with our County Board with a view to having Bourbon County take $150,000 in stock of the Company. After some cor- respondence the Board finally required that the name of Fort Scott be incorporated in the name of the Company and road, and suggested "Missouri River, Fort Scott & Gulf" as such name. The Company at once agreed to make the change, and at a meeting on November i8th, the Board ordered an election to be held on the i6th day of December, 1865, on the question of voting $150,000 in county bonds. The election resulted as follows : Osage Township voted 41 for, none against; Freedom 65 for, 4 against; Timberhill 49 for, 33 against; Franklin 4 for, 87 against; Marion 17 for, 67 against; Marmaton 36 for, 29 against; Scott 493 for, none against. Total, 705 for, and 220 against. And the first preliminary struggle for a railroad through Bourbon County was over. This road was completed to Fort Scott in the fall of 1869. In November, 1865, County Assessor, Mr. E. Brown, 208 HIS TOR Y OF BOURBON CO UN TV. 1 1 SG5 made his official returns, from which the following figures are taken: Population — White males, 4,954; white females, 4,282; black males, 379; black females, 418. Total population of the county, 10,033. Fort Scott con- tained about 1,800 inhabitants, who were actual citi- zens. The total valuation, real and personal, (which the assessor returned together) of the entire county, was $1,442,687.00. During the fiscal year of 1865 there was harvested and manufactured the amounts and articles following : Wheat harvested, 28,676 bushels. Rye, 3,621; Corn, 206,297; Oats, 15,352. Irish pota- toes, 5,591; sweet potatoes, 821. Butter, 14,498 lbs. Cheese, 11,907 pounds. Sorghum molasses, 7,606 gallons. Hay, 15,565 tons. Total number of acres of laud fenced ,34,344. Acres of land improved, 25,687. Number of horses, 2,702; num.ber of mules, 301; number of milch cows, 3,630; number of oxen, 603; number of other cattle, 5,209; numberof sheep, 6,345; number of swine, 2, 638. Value of live stock, $476,295. The population of the county had increased about 4,000 since the enumeration of i860. There was no census, even approximate, of the popu- lation (yf Fort Scott in 1865. There was a large "float- ing population" of refugees and indiscriminate and indescribable people, white and black, who had, prac- tically, no home or residence anywhere, to the number of 1,000 or more. The actual number of bona fide citizens was probably less than 1,800. The tax roll of the city bears less than 400 names. 1865] THE CLOSE. 209 THE CLOSE. The close of the year 1865, is deemed the fitting period to close this volume of the History of Bourbon County. It is the closing point of an Era. Old "Time" here rested his scythe for a moment, and turned the sand in his glass. A final tribute should be paid to our men and women, one and all, the living and the dead, who came to this county in early times to help found a State. They sacrificed all the established comforts of their homes in the old States to found new homes in this semi-wilderness. They came with no misunderstanding as to the state of the country or the political and social conditions. They came with their eyes wide open, each well knowing that his life here, for many years, must be and would be a life of hardship, self-denial and danger. As a class, they were a superior people ; superior in that stamina of character ; superior in that native manhood and womanhood which goes to make up the "salt of the earth." Poor they were in purse, but rich in integrity of purpose. At the old fireside, a young man, "the flower of the flock," the one widest between the eyes, stood out from the family circle and said : "Sis, pack my carpet-bag, I'm going to Kansas." "Sis" was probably to follow as soon as a certain young man had a cabin and ten acres of sod corn. And so they came. Sometimes one, alone, sometimes the entire family. 14 210 HISTORY OF BOURBON COUNTY. [1865 Many have passed over to the other side. Many have reached what the man of Avon called the "chair age." A few are still in the vigor of life. All passed through a life's experience such as will come to no other people. They all played a part in that grand drama which closed the heroic epoch in politics and war. They watched, step by step, the political legis- lation, and the unfolding, like the bloom of the deadly night-shade, of the divergent sentiments among the people of the two great Sections. They saw the result- ing partisan strife, of which Bourbon County was the storm-center, and the culmination in bloody civil war. They saw the primal cause — that exudation from the dark ages — go down forever on the very spot of its origin, "the Plantations on the river James." They saw the wayward sisters, as from a pathway through a burning forest, emerge into the sunlight. They saw civilization, — cradled on the rock of Sinai and crowned on the rock of Plymouth, — plant here another guidon under the rising battle-smoke of 1865. THE END. Ks" :a^ yr ^ £=^ < ^ J. F. GOTTRELL, WHOLESALE AND RETAIL ^^UMJ^ SteitionGr ^^WALL PAPER DEALER, ISlo. 6 fioPth ]\«ain Street, pipst Doof flofth of Opera J4ouse, FORT SCOTT, KANSAS. j^ m^ t-^. "^ ■^ -V- ESTABLISHED 1865. ^W DEHIiHH If* POlJiSHHD Plate arid WiridewBlass WAlili PAPER, Wiodow Shades, Paints, Oils and Varnisli, --^•-^K^-^-- ^-^«-.>— 207 Wall Stt^eet. Established 1869. -^-^(^"^t- Incorporated 1888. W. H STOUT, President. R. J. HARRIS, Vice-Pres-t. W. H. FOX, Sec. & Treas. THE FORT SCOTT GRfllNtlMPLEMENT COMPANY (SueoeesoPS to DOFJi^EE & STOUT,) il IlIIDklI?21ll8, CARRIAGES, BUGGIES, GRAIN AND SEEDS.' FORT SCOTT, - KANSAS. John Glunz, WHOI^ESAI^E DEAI,ER IN , » UEBT « Saddlery, Shoe Leather and Fiuding. Manufacturer of H7MARKETST., nonsH couuRHS. \J^ I Q£3 FORT SCO TT, KANSAS. 5, rtunter, PRESCRIPTION DRUGGIST, AflD MaDuiacturer ol Well Rdowd Pharmaceutical Preparations and Proprietary Remedies. DRUGS, CHEMICALS, Perfumery and Toilet Articles of Every Description, and Physicians' Supplies. Corner Main and Wall Streets, FORT SCOTT. KANSAS. FOflT SCOTT FyemfiE COMPMiy, Nos. 10, 12 fP 14 Scott Avenue. Furniture ^ Undertaking. Carrying the Largest and Best Selected iStock of MEDIUM AND HI&H GRADE FUEITDRE In this Section. Buying all goods in car load lots for CASH enables us to undersell all competitors. We can sell Furniture at same price it costs small dealers, and Guarantee to Save You at Least 20 per Cent. ^^^ Undertaking Department. (Uii %, Scientific Embalming. COFFINS AND CASKETS,^^- -= IroD, Metallic, Copper and Zinc. SHROUDS, ROBES, Etc. A complete equipment of Hearses, Pall Bearers' Wagonette , Carriages, Hacks and Undertaker' s Wagons. No Extra Charge for Hearses in the Country, This Department is under the direct supervision of C. W. Good- lander, Jr., — 18 years practical experience in this city and adjacent territory. CHAN. B. CMPBELL Insurance lioans. flfiD • • • FIIE, LIGHTNING, CYCLONE, HAIL,____^ WIND STORM, PLATE GLASS, LIFE AND ACCIDENT. All classes of Insurance at equitable rates. Loans promptly made on Farm and City Property. All kinds of Conveyancing and Notarial work done. Rents collected and properties cared for. Call and see me when you want business in my line. FORT SCOTT, KANSAS. D. PRAGER, CM^ ©'^if'^llff'W UNION BLOCK. No. 18 fflaifl Street, - FORT SCOTT, KANSAS, C. C. pBIiSOr*. • W. p. SMITH. C. C. NELSON & CO., LOANS. Lsaas Proitlj Neptiated on Farm M City Properly. Low Rales of Meresl aofl Easy Paymeils on Priicipal. Office Km .112 E. First Street, FORT SCOTT, KANSAS, J. V. DABBS, The Old Reliable n ^ ^ ^ GHOUflD FliOOH STUDIO. New Process Portraits, Crayon Portraits, Water Coiored Portraits, Frames and Mouldings, Colored Pictures, Photogravures. 207 Market Street, - - f-ORT SCOTT, KANSAS. 1858. 1894. Pioneer Lumber Vard C. W. GOODLANDER, .DEALER IN. Sash, Doors, Blinds, Cement, Llme^::^ — = A11 Kines of Bnilding Material. Port Scott, Kansas, Arcadia, Kansas, Unicntown, Kansas, Garland, Kansas, Bronson, Kansas, Liberal, Mo. ^ ^=^ -fe-> mm ^ < s W. A. C08T0N. No. 103 South Main Street, FORT SCOTT. KANSAS. -^ H. L PAGE L^^ GO. DEALERS IN ALL KINDS OF VEHICLES. They buy direct from the manufac- turers, therefore are able and do give their customers the benefit of as low prices on all the different grades and styles of vehicles, as can be had of any dealer in the State. They carry a large stock of Spring Wagons, Phaetons, Biiggies, Road Wagons. Also, a fine line of Harness. They sell the celebrated BAIN WAGON, Their long experience enables them to select from the different factories the best articles made lor Farm JIachinery. Their NEW IDEAI, MOWER, with ball ad roller bearing journals, serrated ledger plates, is without doubt tht- best Mower now made. No. i Market Square, TlieNcTV Deering Pony Binder, With ball and roller bearing. Fort Scott, Kanass. Warn Hardware Co., DEALERS IN HARDWARE, Cutlery, Stoves and Tinuuare, 21 SOUTH MAIN STREET. JAVOBITE STOVES AND RANGES, AGENTS FO The most durable, convenient, economical and best operating Stoves and Ranges sold in this city or county. 1B71, 1834, H. BROWN, PINE TAILORING A SPEGIALI!, NO. 211 MARKET STREET. Fort Scott, - Kgir|sgis. T. W> Tallman Lumtei" Cofnpanf, DEALERS IBT M liUjWBER, ^ » New and Complete Stock of Builders' and Plasterers' Material Always on Hand. Yards, Cor. National Ave. and Third St., Opposite Court House, » ; • > w "^ FORT SCOTT, KANS. I870. 1894. OFFICE OF THE Fort Scott Marble aod Gfaoite Wofks, Cor. Third and ^^Main Streets. M. E, FARNSWORTH, Proprietor. dealer ir) Quirjcy, IBarre, Clark's Island, ©ak Hill, Hallowell, Concord, "©lack Oiarrjond, ped ■^each) ar)d "©ay of Furjdy @rar)ites. Irrjportep of Scotch ©rarjite, Statuary Figures, Italiar) Njarble and Finished Njonurrjerjts. COKRESPONDING OFFICES : Aberdeen, Scotland, . . . and . . . Carrara, Italy. All communicatious should be addressed -, ..i ii]r/%i^«%x> itir ~ -^ -^^ _. ^ ^ and remittances made to I. W. ^VIOODY, f/lSinSlQeV. All parties desiring work in our line would do well to call and see our stock and C3-ET OXJE/ FZEtTCES, C. W. GOODLANDER, President. C. H. OSBUN, Vice Pres't. C. B. McDONALD, Cashier. ORGANIZED IN 1884. f If Citizens flational Bank. PAID DP CAPITAL, $100,000. ADTHORIZED CAPITAL, $300,000. T\\ vs«/^+ (^*^pl T.W.Tallman,G,W. Katzung, W. P. Dilworth, C. W.Goodlander.C. H. JJircCLOro. Osbun.F. M. Brickley, B. P. McDonald, Leo I. Stadden, W. C. Perry. Bank on Main Street, FORT SCOTT, KANSAS. (W o DRY GOODS, NOTIONS, KID GLOVES, CLOAKS, J£>-> Complete Line of Seasonable Goods AT ALL TIMES, Can be pound at ouf Store. GOODSELL, CALHODN k CO. DAVID F. COON, President. J. J. STEWART, JAS. R. COI^EAN, Vice President. Cashier, The State Bank, COR. OF MAIN AND FIRST STREETS, FORT SCOTT, KANSAS- Capital, $100,000. X)TiaECTOE,S. C. H. Haynes, John H. Mead, W. H. Harris, C. C. Grain, J. J. Stewart, Thornton Ware, D. F. Coon, Henry J. Butler, Jas. R. Colean. Druggist, FORT SCOTT, KANS. The Best is the Ctieapest! Prescriptions Filled at all hoars : Day or Night. § Ouality Pays! We Jiandleonly reliable , floods of the best wakes, and sell them at prices as low as may be consist- ent with good quality. TOILET ARTICLES, PEEFUMES, BRUSHES, COMBS. MIREORS. C. E. HALL, Druggist, 112 S. MAIN STREET. C. p. Dt^ni^B, CHAS. riHIiSOH. C. p. fHAI^Tirl, Ppesldent. Vise Pfesldent, Casbiep, ORGANIZED UNDER STATE LAW. Tie Bail li Firt Sci ESABLiSHED, 1881. Paid-up Capital, ^ $125,000, 111 WALL STREET, FORT SCOTT. KANSAS, idie,ecto:rs. C. F DRAKE, CHAS. NELSON, C.F.MARTIN, J.H.RANDOLPH, J. F. COTTRELL. ■^Jjlpm^f^^.-^