the meantime the territorial Legislature had adjourned, having "enacted"
an elaborate proslavery code made up from the slave code of Missouri
with a number of special adaptations. For example, it was made a
penitentiary offense to deny by speaking or writing, or by printing, or
by introducing any printed matter, the right of persons to hold
slaves in the Territory; no man was eligible to jury service who was
conscientiously opposed to holding slaves; and lawyers were bound by
oath to support the territorial statutes.
The free-state men, with the approval of Reeder, refused to recognize
the Legislature and inaugurated a movement in the fall of 1855 to adopt
a constitution and to organize a provisional territorial Government
preparatory to admission as a State, following in this respect the
procedure in California and Michigan. A convention met in Topeka in
October, 1855, and completed on the 11th of November the draft of a
constitution which prohibited slavery. On the 15th of December the
constitution was approved by a practically unanimous vote, only
free-state men taking part in the election. A month later a Legislature
was elected and at the same time Charles Robinson was elected Governor
of the new commonwealth. In the previous October, Reeder had been chosen
Free-soil delegate to Congress. The Topeka freestate Legislature met on
the 4th of March, 1856, and after petitioning Congress to admit Kansas
under the Topeka constitution, adjourned until the 4th of July pending
the action of Congress. Thus at the end of two years two distinct
Governments had come into existence within the Territory of Kansas. It
speaks volumes for the self-control and moderation of the two parties
that no hostile encounter had occurred between the contestants. When the
armed Missourians came in March, 1855, the unarmed settlers offered no
resistance. Afterward, however, they supplied themselves with Sharp's
rifles and organized a militia. With the advent of Governor Shannon
in September, 1855, the proslavery position was much strengthened. In
November, in a quarrel over a land claim, a free-state settler by the
name of Dow was killed. The murderer escaped, but a friend of the victim
was accused of uttering threats against a friend of the murderer. For
this offense a posse led by Sheriff Jones, a Missourian, seized him,
and would have carried him away if fourteen freestate men had not
"persuaded" the Sheriff to surrender his prisoner. This int
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