under Gen. J. H. Lane, and turned | ing his men, throughout the conflict, back without a fight-first halting, and refusing to advance against the determined front of the Free-State men, and finally disappearing in the course of the ensuing night. The other and smaller party, led by Gen. Reid, consisted of four to five hundred men, well armed with United States cannon, muskets, bayonets, and revolvers, and liberally supplied with ammunition. They pursued a more southerly course, and, at daylight on the morning of August 30th, approached the little village of Osawatomie, which was defended by barely thirty Free-State men; but their leader was old John Brown. His son Frederick was shot dead, about a mile and a half from the village, by the Rev. Martin White, who led the pro-Slavery advance or scouting party, before young Brown was aware of their hostile character. Two other Free-State men were likewise surprised and killed early in the morning. John Brown, with his thirty compatriots, took position in great haste in the timber on the southern bank of the little river Osage, here known as the Marais-des-Cygnes, a little to the northwest of the village, and here fought the advance of the foe as they approached, until thirty-one or two of them were killed and from forty to fifty wounded. The Free-State men, fighting generally under cover against an undisciplined and badly managed force, lost but five or six in all; but the disproportion was too great, and, their ammunition becoming exhausted, they were forced to retreat, leaving Osawatomie to be sacked and burned again. Brown himself continued steadily firing, as well as direct amid an incessant shower of grapeshot and bullets. Not until he saw the whites of the enemy's eyes did he give the order to his little band to retreat. The Ruffians killed the only wounded prisoner whom they took, as also a Mr. Williams, whom they found in Osawatomie, and who had taken no part in the conflict. The Missourians returned to their homes in triumph, boasting that they had killed old Brown and dispersed his band; but their wagon-loads of dead and wounded created a salutary awe, which was very efficient in preventing future invasions, or rendering them comparatively infrequent. The Rev. Martin White, for his services in this expedition, was chosen a member of the next Lecompton (pro-Slavery) Legislature, which he attended; and, in the course of its deliberations, he entertained his fellow-members with a graphic and humorous account of his killing of Frederick Brown. When the session was finished, he started for home, but never reached it. His body was found cold and stiff on the prairie, with a rifle-ball through his vitals. Six weeks after the Osawatomie fight, Capt. Brown was in Lawrence, stopping. over Sunday on his way home from Topeka, when the startling announcement was made that 2,800 Missourians, under Atchison and Reid, were advancing upon that town. Not more than two hundred men in all could be rallied for its defense. Brown was unanimously cho-' sen their leader. He made a speech from a dry-goods box in Main-street, opposite the post-office, substantially as follows: "Gentlemen, it is said there are twenty FINAL TROUBLES IN SOUTHERN KANSAS. five hundred Missourians down at Franklin, and that they will be here in two hours. You can see for yourselves the smoke they are making by setting fire to the houses in that town. Now is probably the last opportunity you will have of seeing a fight; so that you had better do your best. If they should come up and attack us, don't yell and make a great noise, but remain perfectly silent and still. Wait till they get within twenty-five yards of you; get a good object; be sure you see the hind-sight of your gun: then fire. A great deal of powder and lead, and very precious time, are wasted by shooting too high. You had better aim at their legs than at their heads. In either case, be sure of the hind sights of your guns. It is from this reason that I myself have so many times escaped; for, if all the bullets which have been aimed at me had hit me, I should have been as full of holes as a riddle." He proceeded to post his men so admirably as to conceal entirely their paucity of numbers, taking advantage of a gentle ridge running east and west, at some distance south of the town. The hostile forces remained through the night about half a mile from each other, with a corn-field between, each man covered by the grass and the inequalities of the ground, their positions only revealed by the flashes and reports of their guns. When the sun rose next morning, the Missourians had decamped. 285 bers and immense preponderance of the Free-State settlers, rendering raids from Missouri, whether to eleccarry tions or devastate settlements, too perilous to be lightly undertaken. When the Missourians still rallied, in obedience to habit, at Kansas elections, they did so at Oxford, Santa Fe, and other polls held just along the border, where they could suddenly concentrate force enough to make the operation a tolerably safe one. But Southern Kansas was still very thinly settled, in part by Missourians; while Fort Scott, a military post and land-office in the heart of that section, afforded a nucleus and a rallyingpoint for pro-Slavery terrorism. The Missourians, recognizing and acting under the Territorial Legislature and local officers created by the Border Ruffian irruptions and fraudulent elections, claimed to be the party of Law and Order, and often, if not usually, committed their outrages under the lead of a marshal or a sheriff. Free-State men, repudiating and scouting those elections and their fruits, were regarded and treated, not only by the pro-Slavery party on either side of the border, but by the Federal Administration and its instruments in Kansas, as outlaws and criminals. criminals. At length, Fort Scott itself was captured by Montgomery,' one of the boldest of the Free-State leaders, who, with 150 men, entered it by night, made temporary prisoners of its dignitaries, and liberated a Free-State man imprisoned there. Montgomery soon after surrendered himself to the Federal Governor of the Territory, when a treaty or un The Capt. Brown left soon after for the East by the circuitous land route through Nebraska and Iowa; that through Missouri being closed against Free-State men. He took a fugitive slave in his wagon, and saw him safely on his way to freedom. He made two or three visits to the East in quest of aid and of funds, returning for the last time to Southern Kansas in the Autumn of 1858. Peace had finally been secured in all that part of the Territory lying north of the Kansas river, by the greatly increased num-derstanding was had between them, Dec. 15, 1858. 3 Since, Colonel of the First South Carolina (Colored) Volunteers. under which the region gradually men on their adversaries, not comsettled into comparative peace. But, while the ferment was at its hight, and forces were gathering on both sides for the conflict, a slave named Jim came secretly across the border to Capt. Brown's cabin, and told him that himself and his family had been sold, and were to be sent off to Texas next day. Brown, with twenty men, divided into two parties, crossed the border in the night, liberated Jim and his family, and, proceeding to the house of another slaveholder, gave deliverance to five more slaves. The other party, under Kagi, called at several houses in search of slaves, but found none until they reached the residence of David Cruse, who, learning their object, seized his rifle and raised it to fire, but was instantly shot dead. He had but one slave, who accompanied his liberators on their retreat. One of the captured slaveholders was carried several miles into the Territory to prevent his raising a hue-and-cry for rescue. A furious excitement throughout Western Missouri inevitably followed. The Governor offered a reward of three thousand dollars for the arrest of Brown, on his part; to which President Buchanan added two hundred and fifty dollars. It was reported that the slave population of the two adjacent Missouri counties was diminished from five hundred to fifty within a few weeks, mainly by removal for sale. The more moderate Free-State men earnestly disavowed all sympathy with Brown's doings over the border, or any acts of violence by Free-State 4 They probably were already aware, though Brown was not, that a party of mounted men mitted in necessary self-defense. Brown soon learned that he must leave Kansas, or remain there denounced and condemned by those who had hitherto been his friends. He resolved to leave, and started early in January, 1859, passing through Lawrence on his northward route. He had four white companions, three of whom afterward fought under him at Harper's Ferry, and three negroes, beside women and children. He was pursued by thirty pro-Slavery men from Lecompton so sharply that he was compelled to halt and prepare for a defense. He took possession of two deserted logcabins in the wilderness, which his pursuers surrounded, at a respectful distance, and sent to Atchison and Lecompton for reënforcements. From Atchison, twelve men arrived, making their force forty-two to his eight. As they were preparing to attack, Brown and his seven companions suddenly issued from the wood, in order of battle, when the valorous posse turned and fled. Not a shot was fired, as they, putting spurs to their horses, galloped headlong across the prairie, and were soon lost to the view. Only four men stood their ground, and these were made prisoners forthwith. Brown ordered them to dismount, and give their horses to his negroes. This command occasioned-not to say provokedprofane language on their part; whereupon he commanded silence, saying he would permit no blasphemy in his presence. At this, they only swore the louder and the harder. "Kneel!" exclaimed the stern Puri from Topeka were hastening to his rescue, and were then within a short distance JOHN BROWN'S PROVISIONAL CONSTITUTION. 287 “PREAMBLE.— Whereas, Slavery, throughout its entire existence in the United States, provoked, and unjustifiable war of one portion of its citizens against another portion, the only conditions of which are perpetual imprisonment and hopeless servitude, or absolute extermination, in utter disregard and violation of those eternal and self-evident is none other than the most barbarous, un tan, suddenly presenting his pistol. | for the People of the United States" There was no alternative but a had been adopted. It was, of course, deadly one, and they all knelt. drafted by Brown, and was essen"Now, pray!" It was probably their tially an embodiment of his political first attempt in that line for many views. The nature of this Constituyears, and their success could hardly tion is sufficiently exhibited in the have been brilliant; but he kept following extracts: them at it until they had at least manifested an obedient and docile spirit. They never swore again in his presence, though he held them prisoners for five days, compelling them, each and all, to pray night and morning. These four were from Atchison; and, being finally liberat-pendence: ed, returned to that still pro-Slavery city, where one of them was green enough to tell the story of their capture, and their discipline under old John Brown. The laugh was so general and so hearty that they soon left, never to return. Brown was joined, soon after this "Battle of the Spurs," by Kagi, with forty mounted men from Topeka, of whom seventeen escorted him safely to Nebraska City. He there crossed the Mississippi into Iowa, and traveled slowly through that State, Illinois, and Michigan, to Detroit, where he arrived on the 12th of March, crossing immediately into Canada, where his twelve blacks-one of them born since he left Missouri-were legally, as well as practically, free. All of them were industrious, prosperous, and happy, when last heard from, many months thereafter. A secret convention, called by Brown, and attended only by such whites and blacks as he believed in thorough sympathy with his views, had assembled in a negro church at Chatham, Canada West, May 8, 1858; at which Convention a "Provisional Constitution and Ordinances truths set forth in our Declaration of Inde States, and the oppressed people, who, by a "Therefore, We, the citizens of the United recent decision of the Supreme Court, are declared to have no rights which the white man is bound to respect, together with all the other people degraded by the laws thereof, do, for the time being, ordain and establish for ourselves the following Provisional Constitution and ordinances, the better to protect our people, property, lives, and liberties, and to govern our actions. "ARTICLE I. Qualifications of Membership. All persons of mature age, whether proscribed, oppressed, and enslaved citizens, or of proscribed and oppressed races of the and enforce the Provisional Constitution United States, who shall agree to sustain and ordinances of organization, together with all minor children of such persons, shall be held to be fully entitled to protection under the same." "ART. XXVIII. Property.-All captured the product of the labor of those belonging or confiscated property, and all property to this organization, and of their families, shall be held as the property of the whole used for the common benefit, or disposed of equally, without distinction, and may be for the same object. And any person, officer or otherwise, who shall improperly retain, secrete, use, or needlessly destroy, such property, or any property found, captured, or confiscated, belonging to the enemy, or shall willfully neglect to render a full and fair statement of such property by him so taken or held, shall be guilty of a misdemeanor, and, on conviction, shall be punished accordingly. 66 'ART. XXIX. Safety or Intelligence Fund.-All money, plate, watches, or jewelry, captured by honorable warfare, found, taken, or confiscated, belonging to the enemy, shall be held sacred, to constitute a liberal safety or intelligence fund; and any person who shall improperly retain, dispose of, hide, use, or destroy, such money or other articles above named, contrary to the provisions and spirit of this article, shall be deemed guilty of theft, and, on conviction thereof, shall be punished accordingly. The Treasurer shall furnish the Commander-in Chief at all times with a full statement of the condition of such fund, and its nature." "ART. XXXIII. Volunteers.-All persons who may come forward, and shall voluntarily deliver up slaves, and have their names registered on the books of this organization, shall, so long as they continue at peace, be entitled to the fullest protection in person and property, though not connected with this organization, and shall be treated as friends, and not merely as persons neutral. "ART. XXXIV. Neutrals.-The persons and property of all non-slaveholders who shall remain absolutely neutral shall be respected so far as circumstances can allow of it, but they shall not be entitled to any active protection. "ART. XXXV. No Needless Waste.-The needless waste or destruction of any useful property or article by fire, throwing open of fences, fields, buildings, or needless killing of animals, or injury of either, shall not be tolerated at any time or place, but shall be promptly and peremptorily punished. "ART. XXXVI. Property Confiscated.— The entire personal and real property of all persons known to be acting, either directly or indirectly, with or for the enemy, or found in arms with them, or found willfully holding slaves, shall be confiscated and taken whenever and wherever it may be found, in either Free or Slave States." "ART. XLVI. These Articles not for the Overthrow of Government.-The foregoing articles shall not be construed so as in any way to encourage the overthrow of any State Government, or of the General Government of the United States, and look to no dissolution of the Union, but simply to amendment and repeal; and our flag shall be the same that our fathers fought under in the Revolution." Under this Constitution, the offices of President and Commander-inChief were to be separate, and in all cases to be held by different persons. John Brown was chosen Commanderin-Chief; J. H. Kagi, Secretary of War; Owen Brown (son of John), Treasurer; Richard Realf, Secretary of State. Brown returned to the States soon after his triumphal entry into Canada as a liberator, and was at Cleveland from the 20th to the 30th of March. He entered his name on the hotelbook, as "John Brown, of Kansas," advertised two horses for sale at auction; and, at the time of the sale, stood in front of the auctioneer's stand, notifying all bidders that the title might be considered defective, since he had taken the horses with the slaves whom he liberated in Western Missouri, finding it necessary to his success that the slaves should have horses, and that the masters should not. "But," he added, when telling the story afterward," they brought a very excellent price." Early in April following, he was in Ashtabula County, Ohio, sick of the ague. He visited his family in Essex County, New York, toward the end of that month. In May, he was in New York City, Rochester, and Boston, where he learned to manufacture crackers. On the 3d of June, he was at Collinsville, Conn., where he closed a contract for a thousand pikes, that he had ordered some time before. He was soon afterward again in Northern Ohio, and in Western Pennsylvania, proceeding by Pittsburg and Bedford to Chambersburg, where he remained several days. He was in Hagerstown, Md., on the 30th, where he registered his name as "Smith, and two sons, from Western New York." He told his landlord that they had been farming in Western New York, but had been discouraged by losing two or three years' crops by frost, and they were now looking for a milder climate, in a lo |