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not been threatened; that he lives in a peaceable community, and feels entirely secure.

"A party of some ninety men, mostly disbanded militia, have gone, in charge of Thaddeus Hyatt, Esq., with provisions and necessary tools, to found the town of Hyattville, on the south branch of the Potawattomie Creek, and make settlements there. These persons were out of employment, likely to become a charge on the town of Lawrence, and Mr. Hyatt projected this scheme, to furnish them with useful occupation, and prevent them from falling into habits of indolence and vice. He fully explained the matter to me previous to putting it into execution, and it met my approval."

On the 31st of December, the governor addressed Secretary Marcy, as follows:

"In reviewing, on this, the last evening of the year, the events of the past four months, and contrasting the disturbed condition of affairs upon my advent with the present tranquil and happy state of things, which has held its sway for the last three months, I must congratulate the administration and the country, upon the auspicious result. Crime, so rife and daring, at the period of my arrival, is almost entirely banished. I can truthfully assure you, that in proportion to her population and extent, less crime is now being committed in Kansas, than in any other portion of the United States."

CHAPTER XXXIV.

The Topeka Legislature.-Arrest of its members.-Appropriation of Vermont Legislature for the suffering poor of Kansas.

JANUARY 6th, 1857.-This day having been appointed for the meeting of the Free-State Legislature, some of its members accordingly met at Topeka; but their numbers not being sufficient to form a quorum, no organization was effected. They held an informal meeting, and adopted a memorial to Congress.

Considerable apprehension had been entertained and expressed in regard to the probable results of this meeting, and hence, precautions had been quietly taken by the governor to guard against any unlawful or evil consequences. A confi

A MISCHIEVOUS PLAN FRUSTRATED.

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dential agent had been sent to give timely notice of whatever might transpire, and other arrangements were made for such action as exigencies might demand.

There were certain restless persons, however, about Lecompton, who were unwilling to trust the management of this affair to the discretion of the governor. They thought they perceived another opportunity for a disturbance, and their disposition for mischief was too strong to let this pass by unimproved. Sheriff Jones had been laying his plans, and fancied he had them so admirably arranged, that a failure to accomplish the object he desired, was impossible. These he kept carefully concealed from the governor, though he was a daily visitor at the executive office. Had not these plans been frustrated, the peaceful intentions of the executive would have been thwarted, and a renewal of a fierce civil conflict throughout the territory would have ensued. The most careful and constant watchfulness was, therefore, necessary, to guard against the secret and mischievous machinations of men who were determined that peace should not exist, except through the extirpation of their political opponents.

A writ, for the arrest of the Topeka legislators, had been quietly issued by Judge Cato, on the oath of Sheriff Jones, which was served by Deputy Marshal Pardee, (Jones being present to prevent any mistake,) on the members assembled, who yielded themselves prisoners, without resistance or hesi

tation.

This quiet submission to legal authority on the part of the Topeka Legislators, was the last thing the sheriff desired or expected. He had looked forward to the time of this meeting with the same anxiety and inward satisfaction as he had previously awaited the day appointed for the sacking of Lawrence. It was to be another jubilee. He was once more to play the part of a hero. His programme had been carefully prepared. The legislature was to have met the marshal to serve his writs the members would of course, refuse to recognise his authority-this would furnish a sufficient pretext for making forcible arrests, the attempt to do which would be resisted, and another violent outbreak and bloody strife be the result. The governor was to be soundly abused for permitting the illegal legislature to assemble-all the evil consequences were to be charged to his account and a petition dispatched to Washington demanding his removal. The free-state party was thus to be crushed out by the sagacity and energy of the

indomitable sheriff, who was to have been applauded to the skies for his unflagging patriotism. This scheme had cost Jones an immense amount of mental labor. It was the contrivance of several months' deep and anxious consideration and study. Sleeping or waking, it was doubtless uppermost in his thoughts. What, then, was his disappointment and mortification at its entire frustration. Just as he was raising the cup of triumph to his lips, it was suddenly dashed from his hand. Upon perceiving the completeness of his discomfiture, he quietly took his seat in his buggy, and sullenly drove from Topeka, doubtless muttering curses between his teeth against the legislature, the marshal, governor, and sundry other individuals who had aided in defeating the accomplishment of one of his dearest wishes. Upon reaching Lecompton, he retired immediately to his home, and was never afterward heard to refer to his futile visit to Topeka.

The prisoners were conveyed to Tecumseh, and retained until the following day, when they received a hearing before Judge Cato, who had been instrumental in the arrest, but who liberated them on bail, in their own recognisance in the sum of five hundred dollars each. They were, of course, never brought to trial, the district attorney entering nolle prosequies in theirs, as in the case of all other of the free-state treason prisoners. Thus ended in a farce, a performance which the principal actors had intended for a serious and fearful tragedy.

7th.-A letter was received by Governor Geary from his excellency, Governor Fletcher, of Vermont, giving information that the legislature of that state had appropriated the sum of twenty thousand dollars for the relief of the suffering poor of Kansas, "upon full and satisfactory proof of the necessity of their condition," and asking information in regard to the facts. In reply to which the following letter was dispatched to Gov. Fletcher:

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"Dear Sir: Your favor of the 22d ultimo, with a copy of an act of the legislature of Vermont, entitled An act for the relief of the poor of Kansas,' has been received. I am happy to inform you that I am not aware of the existence of any condition of things in this territory that will render necessary the employment of the money you have so liberally placed at our disposal.

"There is doubtless some suffering within the limits of Kansas

THE SUFFERING POOR.

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consequent upon past disturbances and the present extremely cold weather; but probably no more than exists in other territories or in either of the states of the Union.

"No man who is able and willing to work need be destitute of the means of a comfortable livelihood in Kansas. Laborers and mechanics are in demand, and cannot be obtained, at wages ranging from $1.50 to $3.00 per day. Indeed so far as my observation has extended, the deserving and industrious portions of our population are in the full enjoyment of more than ordinary contentment and prosperity.

"Should any facts hereafter come to my notice such as to require the aid you have so kindly offered, I will assuredly make the application you suggest.

"With assurances of the highest regard, I have the honor to subscribe myself,

"Your obedient servant,

"JNO. W. GEARY."

At the time these letters were passing there were, perhaps, two hundred men in the town of Lecompton, at least one-half of whom were out of employment, though they were evidently supplied with funds from some invisible source to supply their immediate wants and support them in idleness. Laboring men and mechanics were greatly needed, but the idlers could not be induced to work. It was much easier to lounge about the groggeries and denounce abolitionists, than make a livelihood by honest industry. Fire-wood brought readily from three to four dollars per cord, and the citizens found it difficult to obtain a supply, though the river was frozen over, and any quantity of good fuel lay upon the opposite shore a few hundred yards distant, that could have been brought over by hand on rude sledges, at which easy employment at least three dollars a day could have been earned; but it was quite apparent that the most of the people about Lecompton had not come there to work. It would, perhaps, have been a degradation for the most destitute of those gentlemen, who had come to the territory to advocate the cause of negro slavery, to resort themselves to manual labor. The settlers in the country, though many of them had suffered from the past disturbances, were generally comfortable. During Governor Geary's tour of observation, he travelled many miles, and visited hundreds of families; but found very few cases of absolute distress.

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CHAPTER XXXV.

Meeting of the Territorial Legislative Assembly at Lecompton.

THE Legislative Assembly met at Lecompton on the 12th of January, and organized by appointing Rev. Thomas Johnson, of Shawnee Mission, president of the Council, and W. G. Matthias, of Leavenworth City, speaker of the House of Representatives. A committee was appointed to wait upon the governor and apprise him of the organization, which was done on the following morning, when his message was sent in and read before both houses. Orders were given to the proprietors of the Lecompton Union, who were elected printers for the territory, to print six thousand five hundred copies of this document; but as they had neither paper nor presses to supply the order, the copies were never printed. The government, however, which is sometimes exceedingly obliging, will pay the bill, notwithstanding the omission on the part of the public printers to supply the work. It was better, perhaps, that the circulation of the message should have been restricted to the narrowest possible limits. The members of the legislature, or rather the great majority of them, looked upon it as an insult and outrage upon all pro-slavery men, inasmuch as the governor had not endorsed the actions of the "territorial militia," or the "law and order" army, and denounced the free-state men who had taken up arms to protect the persons of their women, their property and themselves from the violence of a legalized horde of ruffians. The animadversions against his excellency on this score, were sufficiently eloquent and fierce to satisfy the most exacting of his opponents.

One of the first proceedings of this legislative body, was to hold a secret meeting, in which it was resolved, that should any act pass both houses by a majority of votes, and then be vetoed by the governor, there should be a mutual agreement to disregard the veto, and pass the act by a two-third vote, which was strictly adhered to in all their subsequent proceedings. At the previous session they had stripped the governor of every vestige of power or authority save that specially named in the organic act, and this act they caused to be so printed as to take from him the pardoning power. They now concluded

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