Dinsmore Documentation presents Classics on American Slavery
| Author: | Trexler, Harrison Anthony. |
| Title: | Slavery in Missouri, 1804-1865. |
| Citation: | Baltimore, Md.: The Johns Hopkins Press, 1914. |
| Subdivision: | Chapter VI |
| HTML by Dinsmore Documentation * Added December 8, 2004 | |
| ◄ Chapter V Directory of Files Chapter VII ► |
CHAPTER VI
To understand the great movements which excited Missouri and agitated the entire country on more than one occasion—the Compromise of 1820, the Kansas-Nebraska Act and the resulting struggle in Kansas, and the Dred Scott Case—one must get a picture of the State which gave them birth. The exposed position of Missouri—“a slave-holding peninsula jutting up into a sea of free-soil”—was primarily the cause of her continued unrest. This peninsula, unnaturally formed for political reasons to reconcile irreconcilable sections, was exposed still more by the two great rivers. The Missouri, coming out of free territory, flowed past free Kansas for a hundred miles and then swerved off through the heart of Missouri’s great slave counties. The Mississippi for hundreds of miles alone separated Missouri from an ever-watchful abolitionist minority in Illinois. The great interstate shipping along the Mississippi offered a chance of freedom to any plucky black who might be hired as a boat hand or stowed away by a sympathetic or a venal crew till a free port was reached. The Underground Railroad was busy on three borders of the State. The spectre of a “horde of negro-stealing Abolitionists” permanently settled in Kansas with the avowed purpose of strangling the “peculiar institution” was both irritating and economically appalling to the hardheaded, self-made frontiersman, who resented any interference with his God-given institution. Slave-stealing was abhorrent to his idea of fair play and sacrilegious in the light of his interpretation of the Constitution. Despite present-day claims to the contrary, the newspapers, the journals of the General Assembly, and contemporary correspondence prove that Missouri was from its very inception in a state
of unrest and feverish apprehension which subsequent events seem to have justified.
Throughout the slavery period most of the Missouri law dealing with the absconding black was concerned with the recovery of the fugitive. The Code of 1804 fined any person five dollars and costs for harboring a runaway negro.1 In 1817 a form of procedure for seizing a fugitive was passed. He was to be taken first before a justice of the peace. The sheriff was then to serve notice on the owner. If the latter refused to pay the summons fee, the justice might “issue execution as in ordinary cases.” For the benefit of non-resident owners the names of escaped slaves were to be published for ninety days in a territorial paper. The master was to pay costs before receiving his property. If the slave was not claimed within ninety days, he was to be sold to the highest bidder for “ready money.” After deducting the jail fees and five dollars for apprehending the negro, the residue was to be deposited in the treasury to satisfy the future claims of the master.2 The punishment of the slave for absconding seems to have been left entirely to the owner.
A law of 1823 gave any person the right to apprehend a slave and place him in the “common gaol” of the county,3 unless the owner or employer of the fugitive resided in the county, in which case the negro could be directly delivered to the claimant. Any slave found twenty miles from home without a pass was to be deemed a fugitive. On suspicion of an escaped slave lurking about the county a justice was to direct the sheriff or the constable to lodge him in prison. The negro, after being advertised for twelve months, was to be sold, and if the claimant did not appear within five years
1 Territorial Laws, vol. i, ch. 3, sec. 9.
2 Ibid., ch. 187, secs. 1, 2.
3 On January 23, 1865, a committee was appointed by the House to investigate the rumor that the state penitentiary was being used for the safekeeping of slaves (House Journal, 22d Ass., 1st Sess., p. 143). On February 28, 1848, Mrs. Francis A. Sublette paid jail fees to the amount of $6.75 for the keeping of her negro named London for twenty-four days, at the rate of twenty-five cents per day and a fee of seventy-five cents for the turnkey (MS. Sublette Papers).
the money was to go to the State University. The master must prove his property by witnesses, and, in addition to any reward which may have been offered, must pay the apprehending fee of ten cents a mile for the distance traversed in returning the slave. If after seizing a negro the justice was satisfied that he was not a fugitive, he could be discharged by habeas corpus proceedings. In cases where a negro died in jail or was discharged from custody the State was to pay these fees.4 The provisions of the Revised Code of 1835 were very similar to the above, but were more precise as to the method of claiming the slave.5 This law, with some modifications, remained as the working statute till slavery disappeared in the State. It was reenacted in 1845, again ten years later, and finally again in 1861, at a time when the escapes of slaves were increasingly numerous.6
4 Revised Laws, 1825, vol. ii, p. 747, secs. 1-10.
5 Revised Laws, 1835, p. 589, art. iv, sec. 12. The claimant was to prove that he had lost a slave and that the negro in question was the same, and he had to give bond to indemnify the sheriff for his services, and give a certificate of proof and security under seal of court. Examples of the sheriffs’ notices of the sale of fugitives are numerous in the newspapers of the period. The following is an illustration: “NOTICE OF A RUNAWAY SLAVE. There was committed to the common jail of St. Louis County . . . as a run-away slave, a negro who says . . . that he belongs to Milton Cooper of Ashland in the State of Arkansas. Said negro is about thirty one years of age. . . . The owner of the above slave is hereby required to make application for him . . . and pay all charges incurred . . . otherwise I will, on Tuesday, the 25th day of January next . . . at the north door of the Court House . . . sell the said negro . . . to the highest bidder for cash, pursuant to the statute in such cases made and provided. John M. Wiener, Sheriff of St. Louis Co.” (Jefferson Inquirer, November 27, 1852).
6 Revised Statutes, 1845, ch. 167, art. iii; Revised Statutes, 1855, ch. 150, art. iii; Session Laws, 1860, p. 90. A law of 1835 gave the method by which an out-of-state slaveholder could recover his property. Such a claimant was to secure a warrant from some “justice or justice of the peace” requiring the sheriff to present the fugitive to some court or magistrate. “The proof to entitle any person to such warrants shall be by affidavit, setting forth, particularly and minutely, the ground of such claim.” After the court had heard the testimony he could return the negro to jail if further testimony was thought necessary. If the negro in question was not a fugitive, the one causing his arrest was to pay him $100 and pay all costs (Revised Laws, 1835, p. 286). A law of 1845 granted the sheriff a fee of $100 for taking a fugitive without the State if he was over twenty years of age, if under twenty half that amount, in addition to the reward. [footnote continues on p. 176] The fee was to be $25 and the reward if the slave was taken within the State. After a slave had been advertised for three months he was to be sold and the residue kept for the claimant, after the sheriff’s claims had been settled (Revised Statutes, 1845, ch. 168, secs. 1-6, reenacted in Session Laws, 1860, p. 90). For apprehending a slave within his own county the sheriff was to receive $5, or $10 if in an adjoining county over twenty miles from the home of the fugitive (Revised Statutes, 1845, ch. 169, sec. 1). The question of the legal recipient of the reward must have been a subject of some dispute. In Daugherty v. Tracy the state supreme court held that “a person who actually apprehends the slave, makes the affidavit and has the slave committed to jail, is to be deemed the taker of the slave.” If a private person called in an officer to take up a slave, the latter was entitled to the reward if he committed the slave (11 Mo., 62).
Toward slave-stealing the law was very severe, whether the deed was perpetrated through sentiment or for profit. In the Code of 1804 either the selling of free negroes into slavery or the stealing of slaves was punished by death without benefit of clergy.7 In 1843 it was declared grand larceny to “decoy or carry any slave” from the State, whether done as a theft or to free the negro. The offender was to suffer five years’ imprisonment, whether the attempt succeeded or failed.8 This statute was reenacted in 1845 and again in 1861.9 That this provision was enforced is learned from the inspectors of the penitentiary, who in 1854 reported that there were seven inmates in that institution for the “attempt to decoy slaves.”10 In 1858 there were six,11 and in 1860 ten such prisoners.12 Seemingly none of these efforts had succeeded, as all are reported as being “attempts,” nor is it possible to tell whether the convicts were abolitionists or
7 Territorial Laws, vol. i, ch. 3, secs. 21, 22. A law of 1825 reduced the punishment for enslaving a free person or for decoying such out of the State to a maximum of thirty lashes and imprisonment for ten years, unless the kidnapped negro was meanwhile returned, in which case the punishment was to be a fine of one thousand dollars and costs (Revised Laws, 1825, vol. i, p. 283, sec. 13).
8 Session Laws, 1842, p. 133, secs. 1, 2, 3.
9 Revised Statutes, 1845, ch. 168, sec. 7. The same punishment was given a white or a free negro for forging a pass so that a slave could escape (ibid., secs. 7, 9).
10 Senate Journal, 17th Ass., 1st Sess., app., p. 223.
11 Senate Journal, 20th Ass., 1st Sess., app., p. 138.
12 House Journal, 21st Ass., 1st Sess., app., p. 314. In 1846 there was one such prisoner (House Journal, 14th Ass., 1st Sess., app., p. 54). In 1856 there were two such inmates (Senate Journal, 18th Ass., 1st Sess., p. 284).
mere thieves. Two very famous cases of slave abduction were that of Burr, Work, and Thompson in Marion County in 1841,13 and that of “old” John Doy of Kansas at St. Joseph and Platte City in the late fifties.14
Missouri’s great rivers had early caused both legislation and litigation. The Code of 1804 forbade the master of a vessel to carry a slave from the “district” of Louisiana without permission.15 The Codes of 1825, 1835, 1845, and 1855, which were based on a law of 1822, fined a ferryman the full value of the slave and costs for taking him across the Mississippi without a special permit, and a shipmaster for the same offense was fined one hundred and fifty dollars, to be recovered by the owner by action for debt. He might be further subject to common-law action.16 A statute of 1841 made any “master, commander or owner of any boat or other vessel” liable for the value of the slave “without prejudice to the right of such owner to his action at common law,” for carrying any slave from one point to another within the State without permission.17
This statute was the result of a feeling that abolitionists and free blacks were using the shipping as a means of systematically running off Missouri slaves. A contemporary editorial illustrates the dangers and fears of the time and
13 Thompson, passim. In August, 1841, these three Illinois abolitionists came over from Quincy to take certain slaves to Canada. The slaves betrayed them, and they were sent to the penitentiary after an exciting trial. The term was to be twelve years, but was later reduced. An account of this episode can also be found in the Bulletin (St. Louis), September 13, 1841. See also pp. 121-122, above.
14 Doy, passim. Doy was caught in Kansas by a crowd of Missourians in an attempt to take to Canada some negroes of Lawrence, who feared kidnapping. The Missourians claimed that these were fugitives and not free blacks. Doy was imprisoned for several months, but was finally taken from the St. Joseph jail by a band of antislavery Kansans. His account, like Thompson’s, is bitter, but gives a good idea of the struggles of the period.
15 Territorial Laws, vol. i, ch. 3, secs. 35, 36.
16 Revised Laws, 1825, vol. ii, p. 747; Revised Laws, 1835, p. 581, art. i, sec. 36; renewed in Revised Statutes, 1845, ch. 167, art. i, sec. 28; also in Revised Statutes, 1855, ch. 150, art. i, secs. 28, 29.
17 Session Laws, 1840, p. 146. A law of 1823 had fined a ferryman the value of the slave, in addition to the damages and costs, for carrying him over the Mississippi (Revised Laws, 1825, vol. ii, p. 747, sec. 2).
the price which St. Louis paid for her great and boasted river commerce. “Recent events demonstrate the fact that the employment of free negroes, mulattoes, and free slaves who hire their own time, on board of steamboats on the western waters, is a cause of serious loss and danger to the slave states and slave owners. . . . These have the opportunity of constant communication with slaves of Missouri, Kentucky and the other southern States, and have also very frequent communication with the free negroes and abolitionists of Illinois, Indiana, Ohio, and Pennsylvania. This communication renders the slaves restless and induces them to run away, and furnishes them a means of escape. . . . The negro hands on board the steamboats can frequently conceal runaway negroes . . . without the consent of the captain . . . their association with the slaves is not a cause of suspicion and discovery, as a similar association between white emissaries and slaves would certainly be.”18
The coming of the railroad furnished a new means of escape for slaves. Captain J. A. Wilson of Lexington claims that the people of western Missouri were apprehensive lest the Pacific Railroad, for which Benton and his constituents had fought for years, should run their slaves to Kansas. The old boat law with some changes was applied to railways in 1855. The offenders were liable for double the value of the escaped slave and for common-law action as well.19 A number of negroes evidently escaped by rail. In 1857 the people of Franklin County complained of their slaves escaping by this means.20 The trouble must have continued, for on March 1, 1860, a resolution was introduced into, the House of Representatives that the General Assembly should “vote for no bill knowingly granting state aid to railroads whose Board of Directors is composed of a majority of Black Republicans.” The resolution was tabled by a vote of 82 to 17, and may simply have been a general thrust at
18 Daily Evening Gazette, August 18, 1841.
19 Session Laws, 1854, p. 169. Repealed February 6, 1864 (Session Laws, 1863, p. 41).
20 House Journal, 18th Ass., 1st Sess., p. 233 (February 7).
antislavery activity.21 Apparently fewer slaves used the railroads as a means of escape than the river shipping, as the newspapers of the day do not contain many notices of such absconding, while the press and court records note many escapes by boat.
Assemblies of slaves, both public and private, were more or less carefully regulated. The Code of 1804 brought pressure to bear on both the slave and the master. If the slave left his master’s “tenements” without leave, he could be punished with stripes at the discretion of a justice of the peace. If he entered another’s plantation, that planter could give him ten stripes. If a free colored person or a slave carried a gun, powder, shot, or a club, the justice could punish him with a maximum of thirty stripes, but if living on the frontier the latter could give him permission to carry such weapons. All “riots, routs, unlawful assemblies and seditious speeches” were to be punished at the discretion of the justice.22 For allowing more than five slaves to gather on his plantation at one time a fine of one dollar per slave was to be levied against the offending planter, and for permitting a slave, without the owner’s permission, to remain on his plantation for more than four hours he was to be fined three dollars.23 This did not prevent slaves from assembling at a public mill “with leave” except at night or on Sunday. They could also go to church by written consent.24 Passes,
21 House Journal, 20th Ass., Called Sess., p. 31. Absent and not voting, 32.
22 Territorial Laws, vol. i, ch. 3, sec. 7. This provision is found word for word in a Virginia statute of 1785 (Hening, vol. xii, p. 182, sec. 4).
23 An ordinance of St. Louis of February 5, 1811, punished a slave with ten lashes for attending such an assembly, and the master was to be fined five dollars if the slave was not punished. A free negro or white person was to receive twenty lashes and a fine of ten dollars for attending without the owner’s permission (Ordinance of February 5, 1811, MS. Record Book of the Trustees of St. Louis, pp. 23-25, secs. 4, 5, 6).
24 Territorial Laws, vol. i, ch. 3, secs. 3, 4, 5, 7, 8. These sections are very similar to an old Virginia statute of 1723 which provided a penalty of five shillings per slave if a master allowed more than five slaves, other than his own, to meet on his property. Slaves could meet at church or a public mill. If living on the frontier slaves could carry weapons, if so licensed by a justice of the peace (Hening, vol. iv, p. 126, secs. 8, 9, 14).
however, were somewhat liberally granted, and were not always necessary.25 The revisions of 1835, 1845, and 1855 accepted these provisions of 1804 in most cases verbatim, and in addition fined any white person ten dollars and any free negro ten dollars and ten lashes for joining in any slave meeting. The sheriffs, constables, justices, and other officials were to suppress these assemblies and to bring offenders to justice under penalty for neglect of duty.26
Manifestly intended to prevent loafing and intemperance as well as the usual dangers connected with slave assemblages, a law was passed in 1833 fining a store- or tavern-keeper from five to fifty dollars for allowing slaves or free negroes to assemble at any time on his premises, especially on Sundays, unless sent on business by their owners.27 In 1847 every religious assembly of negroes or mulattoes was required, if the preacher was a negro, to have some official present “in order to prevent all seditious speeches and disorderly and unlawful conduct of every kind.”28 In September, 1854, two slaves were convicted in Platte County, fined one dollar each and costs, and ordered committed till this was paid, for “preaching the gospel to their fellows, with no officer present, on Atchison Hill.”29 It is probable that abolition emissaries and a temptation to abscond were feared more than conspiracies to revolt. Unless watched, the
25 General George R. Smith of Sedalia wrote: “It is melancholy to remember . . . that Uncle Toby, Uncle Jack, and other gray-haired men and women . . . were compelled to have written permissions to leave home and would come even to me, a little child, when the older members of the family were busy, to give them a written pass to go to town” (Harding, p. 49). Anice Washington of St. Louis, who was a slave in Madison and St. Francis Counties, said that a pass was demanded by her owners only when the negroes went to a dance. They could go to the church, which was two miles off, on Sundays without one.
26 Revised Laws, 1835, p. 581, art. i, secs. 26-33. Section 32 is not in the Revision of 1845 (vol. ii, ch. 167, art. i), otherwise it is identical. The revision of 1855 (vol. ii, ch. 110, art. i) is the same as that of 1845,
27 Session Laws, 1832, ch. 41, secs. 1, 2.
28 Session Laws, 1846, p. 103, secs. 2, 3.
29 Paxton, p. 187.
preacher, particularly if a negro, might give his audience views of liberty and worldly ambition.30
The punishment of the slave for leaving his owner’s plantation and for actually running away seems to have been left largely with the master. The slave was to be punished “with stripes” for leaving his master’s “tenements” without a pass, and the one on whose property he was found was to give him ten lashes.31 The Revision of 1835 increased this summary punishment to twenty lashes, and any person who found a slave off his master’s property could take such slave before a justice, who was to punish him at his discretion. Any slave who concealed a fugitive was to be punished with not more than thirty-nine stripes by a justice of the peace.32 The law of 1825 establishing patrols ordered these officers to punish any slave found off his master’s plantation by ten lashes, or by not more than thirty-nine after conviction by a justice.33 The revised statutes of ten years later reduced this punishment by the justice to twenty stripes, and this number remained till slavery was abolished.34
The city of St. Louis had its special slave problems because of its numerous free negroes and dissolute whites, natural to a great port with a large alien population. Its enormous shipping interests likewise affected slave conditions. An ordinance of 1835 punished a slave with from five to fifteen lashes for being at a religious or other meeting without permission later than nine at night from October to March, or ten o’clock the other six months of the year. If the master paid two dollars and the costs, the punishment could be remitted.35 This provision was modified somewhat by one passed later in the same year which prohibited a slave
30 See above, p. 85, note 11, for an example of a slave sermon.
31 Territorial Laws, vol. i, ch. 3, secs. 2, 3. This same punishment was accorded by a Virginia statute of 1723 (Hening, vol. iv, p. 126, sec. 13).
32 Revised Laws, 1835, p. 581, art. i, secs. 23, 24, 25.
33 Revised Laws, 1825, vol. ii, p. 614.
34 Revised Laws, 1835, ch. 129, sec. 5.
35 Ordinance of May 11, 1835, sec. 3 (Ordinances of St. Louis, 1836, p. 125). This ordinance is also printed in the Missouri Argus of June 5, 1835.
from being in the streets of the city from ten p. m. to four a. m. during the summer months, or from nine p. m. to five a. m. in winter, “under any pretense whatever unless such slave have a written pass . . . of that day’s date.” The master of a slave was to be fined five dollars for the first, ten dollars for the second, and twenty dollars for subsequent offenses, and the slave could be imprisoned till this fine was paid.36 This ordinance was reenacted March 16, 1843, with very little alteration, and remained without change till the Civil War.37
An ordinance of 1850 gave the mayor power to issue general passes to free negroes of good character and to grant them permission to hold religious or social assemblages after eleven p. m. The city guard was to watch all assemblies when so commanded by the mayor. Whites were fined from twenty to fifty dollars for being present at unlawful meetings. Offending slaves were to be sent to the workhouse on default of the payment of the fine by their owners. Any person fraudulently issuing a pass was to be fined from twenty to one hundred dollars.38 The enforcement of these ordinances was not always satisfactory. “A large meeting” of St. Louis citizens on October 22, 1846, resolved among other things “That the City Council be requested to pass an ordinance, prohibiting all assemblages and passing of negroes after dark.”39
In 1825 the General Assembly passed an act establishing patrols. The patrol was to visit the negro quarters and assemblages with power to arrest any suspicious blacks who might be wandering about without passes and to inflict not more than ten lashes. If the patrol took any such negroes before a justice of the peace, they could be punished with a
36 Ordinance of December 22, 1835 (Ordinances of St. Louis, 1836, p. 89, secs. 1, 2).
37 Ordinances of 1843, p. 522; Ordinances of 1846, p. 229; Ordinances of 1850 pp. 297-299; Revised Ordinances, 1856, pp. 564-566; Ordinances of 1861, pp. 522-524.
38 Ordinance of March 29, 1850 (Revised Ordinances, 1853, no. 2377, secs. 2, 3, 4, 6, 7, 8, 9).
39 Scrapbook of James S. Thomas, vol. i, p. 26.
maximum of thirty-nine stripes.40 The county patrols were established in 1837. The act gave the county court power to appoint township patrols to serve for one year. The stripes to be given by a justice were reduced to a maximum of twenty. This law was reenacted in 1845, and again in 1855.41 Cities had their own systems of slave regulation. As early as 1811 a patrol was established in St. Louis to arrest stray negroes and prevent fires in slave cabins after dark.42 Jefferson City in 1836 passed an ordinance which was very similar to the county patrol act.43 The same year a supplementary ordinance was published which compelled all citizens, under a penalty, to aid the patrol if called upon.44
The courts seem to have been rigid in interpreting the laws covering slave escapes. Steamboats as well as ferryboats and other small craft were held to be under the statute.45 It was not necessary to prove that the captain of the boat knew that the negro he carried was a slave.46 The owner of the steamboat was liable for the value of the negro if the latter was carried off by the carelessness of the captain in permitting the slave to ship.47 Later still it was held that the
40 Revised Laws, 1825, vol. ii, p. 614.
41 Session Laws, 1836, p. 81; Revised Statutes, 1845, ch. 129; Revised Statutes, 1855, ch. 121. The captain of the patrol could be fined if derelict in his duty. The members of the patrol were to serve a minimum of twelve hours a month, and were not to receive over twenty-five cents an hour. In 1860 a special act was passed providing a patrol to search for firearms in the possession of the slaves of Cooper County (Session Laws, 1859, p. 471). Captain J. A. Wilson of Lexington said that patrol duty was irksome, and as a consequence the better classes often left the duty to a class that was brutal. “Uncle” Peter Clay of Liberty claims that the young slaves took great delight in docking the tails of the horses of the patrol and tripping them at night by means of ropes stretched across the roads.
42 Ordinance of February 9, 1811 (MS. Record Book of the Trustees of St. Louis, pp. 26-27). Stray slaves on the streets after nine o’clock were to receive ten lashes, and the owner was to be fined five dollars if they were not punished. In 1818 this was increased to fifteen lashes (Ibid.).
43 Ordinance of January 21, 1836 (Jeffersonian Republican, January 23).
44 Mandatory Ordinance, of June 16, 1836, in Jeffersonian Republican, June 25.
45 Russell v. Taylor, 4 Mo., 550.
46 Eaton v. Vaughan, 9 Mo., 743.
47 Susan Price v. Thornton et al., 10 Mo., 135.
owner was responsible even when the captain did not know that the slave was on board, unless the captain used proper care to guard against such an occurrence—“that degree of care . . . that prudent men would take in conducting their own affairs.”48 The shipowner was held responsible not only for the carelessness of his agent, the captain,49 but also for that of the boat’s clerk if the latter took money for the slave’s passage, which fact was considered sufficient proof of trespass.50
The strictness with which the courts applied the law is illustrated by a case from the Buchanan circuit court, as reported in a newspaper of 1855: “Dr. Fox’s slave—a negro girl—was decoyed on board the Aubrey [at St. Joseph] by the watchman of the boat in the night time without the knowledge or consent of the commander or any of his subordinates. . . . No moral delinquency is attributed to any officer of the Aubrey, except the watchman and he had been very promptly discharged. The girl was found on board between this city and Boonville, and as soon as discovered was immediately secured and afterwards placed in jail at that place, by Mr. Glime (chief clerk) who also from that place sent telegraphic dispatches to Dr. Fox, and the agents of the boat . . . by which means the slave was promptly restored to her owner. . . . This case . . . has been completely and amicably settled; the defendant having paid to the plaintiff the sum of $450, and the plaintiff having given a full release of all claims against the boat.”51 This shows that the risk of escape, undoubtedly increased by the proximity of St. Joseph to the then turbulent Kansas, had affected the courts to such an extent that heavy damages were paid in a case where it was acknowledged that “no moral delinquency” existed, and where the defendants had done everything to right the matter, including the immediate return of the slave.
48 Withers v. Steamboat El Paso. 24 Mo., 204.
49 Susan Price v. Thornton et al., 10 Mo., 135.
50 Calvert v. Rider and Allen, 20 Mo., 146.
51 T. H. Fox v. Steamer F. X. Aubrey (St. Joseph Commercial Cycle, September 7, 1855).
Perhaps Missouri suffered, especially during the fifties, from loss of slave property as did no other border State. The Underground Railroad ran into the State from three sides, and its service appears to have been efficient. “The Underground Railroads,” declared Trusten Polk in the United States Senate in 1861, “start mostly from these [the border] states. Hundreds of dollars are lost annually. And no state loses more than my own. Kentucky it is estimated, loses annually as much as $200,000. The other border states no doubt in the same ratio. Missouri much more.”52 As early as 1847 the legislature memorialized Congress for a better treaty of rendition, “as the citizens of this State are annually subjected to heavy losses of property, by the escape of their slaves, who pass through the State of Illinois, and finally find a secure place of refuge in Canada.”53 In 1846 a mass-meeting of St. Louis citizens was held in the court house “to devise ways and means to protect their slave property in this city and county.”54 “When,” mourns a Boone County editor in 1853, “will the abominable system of man-stealing, practiced by a portion of our northern people, find their operations checkmated and discountenanced by that professedly Christian and law-abiding people?”55
The loss of negroes by escape became unbearable as a result of the filling of Kansas by antislavery settlers, and the subject deserves attention at this point. The question of the real motive or motives behind the settlement of Kansas and the struggle which resulted has been a fruitful subject of debate. Many writers, especially those with antislavery leanings, have maintained that the whole affair from the conception of the repeal of the Missouri Compromise to the
52 Congressional Globe, 36th Cong., 2d Sess., p. 356. In the introductory pages of the Federal census of 1860 there is the unsubstantiated statement that “the greatest increase of escapes appears to have occurred in Mississippi. Missouri, and Virginia” (Population, p. xv).
53 Session Laws, 1846, p. 360. St. Genevieve County in 1845 petitioned the legislature for relief from the escape of her slaves through Illinois (House Journal, 13th Ass., 1st Sess., p. 332).
54 James S. Thomas Scrapbook, vol. i; p. 26.
55 Weekly Missouri Sentinel, April 28, 1853.
admission of Kansas as a State was an organized effort of the slave States to expand their territory.56 Slaveholding Missourians, however, have always asserted that from the standpoint of Missouri proslavery people it was purely a defensive movement to conserve existing slave property and an existing slave society. The present writer has come to the conclusion that as far as Missouri was concerned this latter argument is in the main correct, no matter what territorial ambitions to spread may have moved the South as a whole. While it cannot be denied that many Missourians had the desire to enlarge the slave power, yet one thing is certain, that outside of the Missouri counties near or immediately bordering on the Kansas line—Jackson, Pratte, Clay, Ray, Holt, Buchanan, and so on,—sentiment for action was sluggish, and only fiery stump oratory and a wild plea from the radical press, both Democratic and Whig, aroused the populace to activity. As will be seen in the sequel, very few permanent settlers ever went from Missouri to Kansas with their slaves, and this is the chief argument against the contention that Missourians were engaged in a general offensive movement toward Kansas in order to spread slave territory.
No matter how greatly many Missourians may have craved the rich prairies of Kansas as a field of exploitation for their black labor, it appears that their first thought was to defend what they already possessed. An observing man like W. F. Switzler dwells upon this point, but makes no mention of any idea of expansion.57 “When Missourians have seen her citizens robbed of their property,” wrote J.
56 As an example see J. W. Burgess. The Middle Period, ch. xix. The Kansans have always taken pride in their instrumentality in driving slavery from Missouri, or at least in making the system most precarious there. But General J. G. Haskell admits that western Missouri looked upon an antislavery settlement of Kansas with indifference till the South pushed her to action, the slave-holder regarding an inhabited Kansas as merely a new market for his crops, which were largely raised by slave labor (pp. 32-37).
57 “Apprehensive that Kansas would become a free State, many of our citizens especially on the Kansas border became seriously alarmed for the safety of their slaves, and in the excitement of the conflict were induced without authority of law, to cross over into Kansas with arms and with ballots to coerce the new State into the Union with a pro-slavery constitution” (p. 282).
Locke Hardeman of Saline County in June, 1855, “and members insulted and imprisoned for merely appealing to the laws of the land that proposes to guarantee the rights of property. . . . What shall Missourians do? . . . If Kansas be settled by Abolitionists, can Missouri remain a slave State? If Missouri goes by the board what will become of Kentucky? Maryland? Virginia?”58 Senator David R. Atchison as early as 1853 saw the real danger clearly. “Will you sit here at home,” he said in a speech at Weston, “and permit the nigger thieves, the cattle, the vermin of the North to come into Nebraska . . . run off with your negroes and depreciate the value of your slaves. . . . But we will repeal the Compromise. I would sooner see the whole of Nebraska in the bottom of hell than see it a Free State.”59
58 MS. Hardeman to George R. Smith. June 10, 1855, Smith Papers. Judge William C. Price of Springfield claimed the honor of originating the demand for the repeal of the Missouri Compromise. “He claimed,” says W. E. Connelley, “that he pressed this idea on the South, saying that Missouri could not remain slave with Iowa free on the North. Illinois free on the east, and a free state on the west. In short, Missouri had to accomplish the Repeal or become a free State. That was what Judge Price preached for twenty years before the War” (Statement of Price to Mr. Connelley, quoted by Ray, p. 247). On December 28, 1854, Mothersead of Gentry County introduced a resolution into the House declaring it to be the duty of “the State and her citizens to use all means consistent with the Constitution . . . to prevent if possible that beautiful country [Kansas] from becoming an asylum for abolitionists and free soilers, to harass and destroy our peace and safety” (House Journal, 18th Ass., 1st Sess., pp. 35-36). In his address at the Lexington Convention of 1855. President James Shannon of the State University read a series of thirteen resolutions by Dr. Lee, the eighth of which reads as follows: “Resolved. That the whole state is identified in interest and sympathy with the citizens on our Western border, and we will co-operate with them in all proper measures to prevent the foul demon of Abolition from planting a colony of negro-thieves on our frontier to harass our citizens and steal their property” (Proceedings, p. 29). “Already many of our slaves have been carried off and as self preservation is the first law of nature, it certainly cannot be objected to, if Missourians should adopt the most summary method to secure themselves against this avalanche of abolitionists on our frontier” (editorial in Richmond Weekly Mirror, January 26, 1855).
59 Quoted by J. N. Holloway. History of Kansas, p. 97. This quotation in slightly different form is given in the Weston Platte Argus of December 26, 1856. But the editor claims that Atchison made no such statement and that the Reverend Frederick Starr lied in claiming that he stood immediately in front of Atchison and [footnote continues on p. 188] heard him deliver the speech. Frank Blair on March 1, 1856, quotes Atchison himself as having made this statement (A Statement of Facts and a Few Suggestions in Review of Political Action, p. 75).
Undoubtedly Atchison made this passionate plea to arouse feeling, but the very fact that emotion could be aroused by harping on this string makes it appear evident that the fear for property was stronger than the wish to expand slave territory. The first was a less abstract and less distant proposition. The antislavery forces of Missouri realized the whole situation. Kansas as a free State meant eventually a free Missouri. “So soon as Kansas will have constituted herself a free state,” confidently boasted the Anzeiger des Westens in 1858, “slavery must fall in Missouri.”60
It is not the purpose of this study to follow all of the struggles that Missouri experienced in her antebellum days, but simply to attempt to explain the motives of those actions which are related to the slavery issue. Others have sketched the development of the general agitation for the repeal of the Missouri Compromise, and its immediate effect upon Kansas.61 Here will be considered only the movement within the State, which practically begins on January 2, 1849, when the state Senate passed a resolution declaring that the Missouri Compromise of 1820 was unconstitutional and void, and holding “Squatter Sovereignty” to be an axiom. “Whether the slave, or the free States,” said this statement, “are willing to abide by said act, as a compromise, or not, is a matter of perfect indifference to the people of the territories. Their right to self-government is wholly independent of all such compromises.”62 This idea is in harmony with the Napton Resolutions, which were before the legislature at the same time. An anti-Benton wing of the Democratic party consistently hammered away on this theme. Even Atchison was taken unawares, and seems to have lost courage. In his Fayette speech late in 1853 he refused to vote for the organization of the Nebraska Territory till the Compromise
60 Issue of April 10, quoted by the Republican of April 20, 1858.
61 Ray, ch. iii; Hodder, Genesis of the Kansas-Nebraska Act, pp. 69-86.
62 Daily Union, January 6, 1849.
of 1820 should be repealed.63 Benton’s plea for the organization of the Kansas country as a necessity for developing his “Central National Highway from the Mississippi to the Pacific” was most warmly advocated by his supporters, the Missouri Democrat and the Jefferson Inquirer.64 On January 9, 1854, Frank Blair, Gratz Brown, and others declared at a meeting of St. Louis Democrats that they regarded “all who oppose it [the immediate organization of Nebraska Territory] upon whatever pretext, as hostile to the best interest of this State.”65
Whatever may have been the sincerity of the sparring between Benton and Atchison, it is evident that many Missourians emphatically demanded the opening of Kansas. Was this an economic desire for the spread of hemp culture by Missouri slavemasters, or was it to forestall the possible free-state emigration? Both of these elements entered into the situation. Ray gives a number of contemporary quotations to prove that the desire of Missourians for the rich Kansas hemp lands was the cause of the whole movement.66 Besides the statements noted by Ray several others could be mentioned,
63 Jefferson Inquirer, December 17, 1853. Ray has well described Atchison’s position during this period and also Benton’s “Central National Highway” (ch. iii). But Ray insistently keeps before the reader his untenable thesis that Atchison was the real author of the movement and of the Kansas-Nebraska Bill. If Atchison was the father of the bill, his neighbors either did not know it or jealously denied him the honor. The St. Joseph Commercial Cycle, a Whig sheet, on September 28, 1855, sneered at the editor of the Weston Platte Argus for giving Atchison the honor.
64 No attempt will be made in this study to outline this issue. Benton’s nine-column letter on the subject can be found in the St. Louis Inquirer of April 2, 1853. The Missouri Democrat (St. Louis) in its issues of the early winter of 1852-53 had advocated the movement.
65 Republican, June 21, 1854, as quoted by Atchison in his letter “To the People of Missouri.”
66 Pp. 81-83, 169-171, 250, etc. Ray was visibly impressed by Colonel John A. Parker’s statement that the primary object which induced the initiation of the measure to repeal the Missouri Compromise “was to secure the reelection of Mr. Atchison to the Senate. The means to be employed was to repeal the Compromise in order that the people of Missouri might carry their slaves to Kansas and there raise hemp” (“The Secret History of the Kansas-Nebraska Bill,” in National Quarterly Review, July, 1880 [no. lxxxi], pp. 105-118).
but they are so few that it seems evident that the hemp issue was a minor one.67 The Parkville Industrial Luminary and the St. Joseph Commercial Cycle preached hemp lands and Kansas with a vim, but otherwise there was little advocacy of such a program. These prints apparently were more deeply engaged in rousing the Missourians to settle the Territory than in giving them disinterested advice.
The Kansas-Nebraska Bill, which repealed the Missouri Compromise and opened Kansas to slavery under the “Squatter Sovereignty” policy, was enthusiastically supported by the anti-Benton Democrats and many of the Whigs of the State. All of the Missourians in Congress save
67 The following appeared in the Weekly Missouri Sentinel of October 6, 1853: “The Industrial Luminary expresses the opinion that many of those who have been waiting for the favorable action of Congress . . . in relation to Nebraska will wait no longer but will go over and make their settlements before ‘cold weather sets in.’” The Howard County Banner of October 6, 1853, stated editorially: “Is any one so bigoted and blind enough to suppose that this broad expanse of fertile territory in the very heart of our country; and in the only road from ocean to ocean, left to savages and buffalo, and to remain a desert; one must be very . . . little acquainted with American character and enterprise [to have such an idea]. . . . The people will not await the slow motion of Congress” (quoted by the Missouri Sentinel of October 13). In arousing Missouri to colonize Kansas to save it from the abolitionists the St. Joseph Commercial Cycle pleaded on March 30, 1855, as follows: “What could commerce do without cotton, hemp, indigo, tobacco, rice and naval stores? All these are products of slave labor, and one of the articles, hemp, will be the main staple of Kansas.” Frank Blair, fearing that the rich soil of Kansas would invite Missouri slave-owners. endeavored to frighten them by raising the phantom of competition. He said at a joint session of the legislature in January, 1855: “A large proportion of the soil of Kansas is adapted to the cultivation of the staples produced in Missouri, and which can only be cultivated by slave labor. The whole extent of the Kansas river is adapted to the cultivation of hemp. All of Kansas along the Missouri river . . . is likewise well suited to produce hemp and tobacco. . . . It is but natural to suppose, therefore, that many of the people of Missouri will sell out and move to these new, cheap, and fertile lands. . . . It will be no advantage to our State . . . to raise up a rival in the production of a staple in which, from the superior freshness and cheapness of her soil, she will very soon be able to undersell Missouri” (On the Subject of Senatorial Election, pamphlet, pp. 4-5). Immediately after the opening of Kansas to settlement the “Union Emigrant Society” was organized in Washington. Blair was elected vice-president. Eli Thayer’s Massachusetts Aid Society seems to have caused more ill-feeling in Missouri, however (Republican, July 3, 1854).
Benton voted for the measure.68 The Whigs of Boone County declared in March, 1854, that they approved “of the establishment of the Territories of Kansas and Nebraska, with power in the people who may settle in those Territories to regulate the subject of slavery within their own limits according to their own pleasure.”69 “Resolved that the Whigs of Marion County are in favor of the immediate organization of the Nebraska Territory,” said another statement, “and that we indorse and are in favor of the bill now pending.”70 Similar resolutions were passed by the fourth Congregational Whig convention meeting at Plattsburg, July 8, 1854.71 Fifty of the sixty Whigs in the legislature met on Christmas day, 1854, and unanimously decreed that they would support only such candidates as acquiesced in the Kansas-Nebraska Bill.72 The party as a whole seems to have been a unit on this question.
The anti-Benton Democrats were especially hostile toward the Compromise of 1820. “There is no power given Congress to say that slavery shall exist on one side of a line of latitude and shall not on the other,” read Governor Sterling Price’s message of December 25, 1854, “and hence in my opinion, that clause of the Missouri act was a nullity.”73 The press of the period was burdened with Democratic resolutions favoring the repeal. In St. Louis a meeting of second ward Democrats declared on June 3, 1854, that they “congratulate the country on the cheering fact that the Kansas-Nebraska Bill is now the law of the land.”74 Democratic expressions similar to the above are numerous. On the other hand, the Benton Democrats—Frank Blair, B. Gratz Brown, and others—were implacable enemies of the repeal.
68 On this point see the comments of the Republican of June 22, 1854.
69 Ibid., March 16, 1854.
70 Ibid.
71 Missouri Statesman. July 17, 1854.
72 Richmond Weekly Mirror. January 5, 1855. The St. Joseph Commercial Cycle, a Whig organ, on September 28, 1855, complimented Stephen A. Douglas for being the author of the repeal of that “odious measure,” the Missouri Compromise.
73 House Journal, 18th Ass., 1st Sess., p. 31.
74 Republican, June 5, 1854.
Benton was most vociferous in condemning the attack on the Missouri Compromise, which he always considered a sacred compact. However, in 1855, the year following the repeal, his supporters claimed that he deserted this position and betrayed them as a bid for Missouri favor.75 Whether this is true or not, it but proves the popularity of the repeal in the State.
When Kansas was once open to settlement, its future status as a slave or a free State depending on whether pro-slavery or antislavery votes were in the majority when the constitution was adopted, events took place with great rapidity. In the late summer of 1853 colonists had arrived from Iowa, Minnesota, and Missouri, although lands were not yet “subject to lawful settlement.”76 Some proslavery people at first looked upon efforts to make Kansas a free State as harmless. “Doubtless many more will be sent out to Kansas by these Societies of the North with a view of making Kansas a free State. . . . But we do not at present believe they will be able to accomplish it,” the St. Joseph Gazette said.77 The correspondent of the Republican wrote his sheet from Leavenworth, Kansas Territory, on December 17, 1854, that “notwithstanding the Aid Societies have poured in hordes of her paupers for the purpose of Abolitionizing Kansas, they either become initiated in our institutions, or leave as soon as they arrive. Now, if the South does her duty, and especially Missouri, the Northern hope of Abolitionizing Kansas, will be a phantom hope.”78
75 “Benton has I think kicked over the pail of milk he produced for his friends by his vote to sustain the Missouri Compromise. He has made another speech acquiescing in the fraud [the repeal of the Compromise], evidently looking to Missouri prospects. He loses by it all prospects of the Presidency through the northern vote but stands better in Missouri” (MS. F. P. Blair, Sr., to Martin Van Buren, February 9, 1855, A. L. S., dated Silver Spring, Maryland. Van Buren Papers, not bound).
76 Weekly Missouri Sentinel. September 29, 1853, quoting the Parkville Luminary of unknown date.
77 Date of issue not stated, quoted by the Republican of August 24, 1854.
78 Republican, December 30, 1854. Other proslavery people were also sanguine. “Kansas must of necessity be a slave state, as the slavery interest has now in possession nearly all the timber of the territory” (letter in Missouri Statesman. June 8, 1855).
Missouri was soon called upon by the radical press and by “Atchison, Stringfellow & Co.” to do her “duty.” Jackson, Platte, Clinton, and other western counties by resolution and by organization condemned the settlement of Kansas by northern immigrants, and advocated proslavery action.79 On July 29, 1854, a large meeting was addressed at Weston by Atchison. B. F. and J. H. Stringfellow, and George Galloway were present. Here the “Platte County Self Defensive Association” was formed. By resolution it was determined that the settlers sent out by the Emigrant Aid Society were to be turned back. The Defensive Association was to hold public meetings, urge the settlement of Kansas by proslavery men, and guard the territorial elections against frauds. The Kansas League, a subsidiary institution composed chiefly of the same persons, was formed to carry out the decrees of the association. It worked in secret, was bound by an oath, held meetings in the night, suppressed antislavery newspapers, and silenced Northern Methodist ministers.80 The anti-Atchison forces answered by calling the Law and Order meeting at Weston on September 1. Their declaration was signed by one hundred and thirty-three citizens. They declared their loyalty to the General Government and their opposition to “violence and menace.”81
The slave interests of the State were now thoroughly aroused. On December 28, 1854, Mothersead of Gentry
79 See the Republican of July 13, 1854. On June 6, 1853, Atchison had harangued at Weston and on June 11 at Platte City (Republican, June 22, 1853). At Parkville on August 8 he also aroused his hearers as to free-soil invasions of Kansas (ibid., August 31).
80 Paxton, p. 184. Their badge was a skein of bleached silky hemp. Over five hundred signed the association agreement. Anti-slavery merchants and sympathizers were boycotted (The History of Clay and Platte Counties, p. 635). Under the auspices of the association B. F. Stringfellow wrote a series of essays which attempted to prove that slavery as found in the United States was a “blessing.” From the Federal census reports of 1850 he sought to prove that there was less blindness, deafness, insanity, and idiocy among slaves than among whites or free blacks (St. Joseph Commercial Cycle, February 2, 1855). The whole series was published in this paper in the issues from February 2 to March 9, 1855. The title is, “Negro Slavery No Evil or The North and the South.”
81 Paxton, pp. 185-186; History of Clay and Platte Counties, p. 535.
County submitted five resolutions to the House of Representatives which declared that “the law organizing the Territories of Kansas and Nebraska maintains the equality of the States, and the justice of the Constitution, and therefore demands our decided approval,” and “That the State of Missouri as a slave State, and from local position, is deeply interested in the character of the Government that is instituted in Kansas Territory, and that it is the duty of the State and her citizens, to use all means, consistent with the Constitution . . . to prevent, if possible, that beautiful country becoming an asylum for abolitionists and free-soilers, to harass and destroy our peace and safety.”82 Appeals were now made by the proslavery party for emigrants. “You can without exertion send 500 of your young men who will vote in favor of your institution,” pleaded Atchison at Platte City on November 6, 1854 “Should each county in the state of Missouri only do its duty the question will be decided quietly and peaceably at the ballot box.”83 The press now loudly called for volunteer voters for Kansas. “Will Kansas be a free or a slave State?” queried the Liberty Tribune in the autumn of 1854, and continued: “Citizens of Missouri you must ACT . . . you must go to Kansas; nothing else will do . . . you must go to Kansas NOW, for an election is soon to take place for a Delegate to Congress and the Territorial Legislature, and it is all important that the Abolitionists should be defeated in the first election, for by the Territorial law their Legislature can exclude slavery . . . you must nip the thing in the bud.84 “The hour for action in Kansas is at hand,” was the clarion cry of a St. Joseph Whig editor in March, 1855, “and we call every free voter to the polls! to the polls!! to the polls!!! . . . Let the minion of . . . his Aid Society stand back until he has redeemed the birthright he ignominiously sold, by a service of hard labor in tilling
82 House Journal, 18th Ass., 1st Sess., p. 35, secs. 3, 4. On February 25, 1855, these were referred to the committee on Federal relations (ibid., p. 175). They could not be traced farther.
83 Quoted by Switzler, p. 492.
84 Quoted by the Richmond Weekly Mirror of November 7, 1854. Date of Tribune not given.
the soil of Kansas.”85 The Richmond Weekly Mirror was comforted by the fact that “Missouri and the entire South are awake to a sense of their danger,” and it bade God-speed to the departing voters. It advised the emigrants, however, to settle in Kansas and thereby become legal voters.86 In Ray County six local meetings were held in February, 1855, and a call was made for voters to go to Kansas for the March election.87 The practice at local county meetings was to elect delegates who would go to Kansas to vote. Yet for some the movement was too slow. The young bloods were dissatisfied with the efforts of their elders. On March 17 a body of the State University students assembled under the lead of Adjunct-Professor B. S. Head. They criticized the apathy of the Kansas meeting held the same day in Columbia, and passed the following declaration: “Be it resolved That we the youth of the South having within our bosoms a spark left of that patriotic spirit that fired the minds . . . of our Revolutionary sires . . . do hereby express our condemnation of the course . . . pursued by those whose age and mature judgment should have prompted them to set a nobler example to the rising generation.” They passed a resolution to send a delegate voter to Kansas.88
At the time the Missourians made no denial of voting in Kansas and leaving that territory immediately afterward. They claimed that they were simply counteracting the deceitful and illegal action of the Emigrant Aid Society. In May the St. Joseph Commercial Cycle resented Governor Reeder’s statement that the Missourians had carried the Kansas election
85 St. Joseph Commercial Cycle, March 30, 1855.
86 Issue of March 24, 1855.
87 Richmond Weekly Mirror. February 16, 1855. An idea of the intense feeling engendered at this time can be gained from the following editorial: “On yesterday a train of about forty abolition vagabonds and negro stealers passed through our town enrout for Kansas Territory. May the devil get them before they arrive at their journey’s end. We understand they came off the steamer Golden State, now lying at Brunswick” (ibid., March 3). The Mirror was a Whig organ.
88 Missouri Statesman. March 30, 1855. One Boone County citizen was so disgusted with the impudence of the students that he wrote a stinging letter in which he berated Professor Head and his “gosling” students (ibid.).
by “fraud, violence, and corruption.” “We hurl back upon the head of this debased wretch, the vile slander which none but he . . . would proclaim to the world.” That any fraud or violence was committed was flatly denied. “The people of Missouri were present at many of the precincts . . . to see that quiet and order might prevail.”89 The Liberty Tribune declared that Missourians voted in Kansas, “but only those who considered Kansas their home, and who were staying temporarily in Missouri, in order to shelter their families.”90 Colonel D. C. Allen of Liberty stated that the Missourians went to Kansas feeling that they were justified, as the South considered that the North had broken a tacit agreement in engulfing Kansas after being given Nebraska. “There can be no doubt of there being secret organizations to secure votes in Kansas,” he said. A Lexington editor in May, 1855, declared that the able-bodied males of that place had all gone to Kansas with a sense of deep sacrifice to the cause of the South.91
Endeavors were also made to colonize Kansas with slave-holders as the only permanent means of securing victory. The St. Joseph Commercial Cycle on October 12, 1855, agitated “a tax of one or two per cent, on all . . . real and personal property for the purpose of colonizing one thousand proslavery men in Kansas.”92 Silas Woodson and others issued a call for a meeting to consider an organization for
89 Issue of May 25, 1855. As a Whig sheet the Cycle was in a peculiar position. It condemned Kansas abolitionists on the one hand and, on the other, their arch enemy Atchison as being a “Demagogue” and a “disunionist” (issue of July 13, 1855). It will be remembered that the Cycle was proslavery Whig and Atchison a proslavery Democrat.
90 Quoted by the Republican of April 26, 1855, from the Tribune of unknown date.
91 Republican, May 24, quoting from the Lexington Express of unknown date. It was claimed that Lafayette County spent $100.000 on the Kansas invasions (Harvey, p. 125). “On the Kickapoo ferryboat, the following notice appears: ‘Some illy-disposed persons have tried to injure my ferry by stating that I refused to carry persons last fall to the election. This is false. It would be difficult to find one more sound on the goose than I am. John Elles ’” (Paxton, p. 198).
92 For advocating this policy the Daily Intelligencer flayed the editor of the Cycle on October 20 (Cycle of November 2).
this purpose,93 and on December 31, 1855, the “Proslavery Aid Society” of Buchanan County was formed. Shares were to be sold as stock at twenty-five dollars each. Biennial meetings were to be held at the St. Joseph city hall. A vote was to be given for each share of stock, and a paid agent was to remain in Kansas. “All of the means of this society shall be faithfully applied to the purchasing of lands, and in furthering the interests of the proslavery party in Kansas Territory.”94 For very good reasons this society was a failure, and later efforts to colonize Kansas fared no better. When on March 17, 1855, it was proposed to send settlers from Boone County to Kansas it was found that “no one was heard of who desired to go to Kansas to live.”95 In some cases, however, success was partially realized. “Many citizens from Platte go over to Kansas,” is read in an entry in the Annals of Platte County for September, 1854, “and locate claims and then return. Some were in earnest, and became actual settlers.”96 An attempt to raise money in Ray County at a meeting held on March 5, 1855, brought little result.97 Benton contemptuously belittled the whole pro-slavery program to settle Kansas or vote there. “But a very small part of Missouri, and that in Atchison’s neighborhood [Platte County] had anything to do with it,” he wrote to J. M. Clayton in. July, 1855.98
While the advance proslavery party were planning the invasion of Kansas with ballot and musket,99 a tidal wave of
93 St. Joseph Commercial Cycle, December 28, 1855.
94 Ibid., January II, 1856, Articles of Incorporation.
95 Missouri Statesman, March 30, 1855.
96 P. 188.
97 Richmond Weekly Mirror. March 10.
98 MS. dated Washington, July 29, A. L. S., Clayton Papers, vol. xi, p. 2108.
99 Considering the class of Missourians who agitated the Kansas invasion it does not seem possible that the “Border Ruffians” were the blear-eyed, maudlin, bloodthirsty brutes they are often pictured to have been. Excited they were with a fanatical crusading spirit, but low-lived sots they could not have been as a class. Neither were John Brown, Jim Lane, “Old Doctor” Doy, and their satellites the coarse-grained blacklegs of literature. They committed crimes as do all men laboring under a self-righteous enthusiasm. Many criminals naturally followed both camps, but the rank and file of both “armies” seem to have conscientiously followed an ideal.
political hysteria swept over western Missouri. “The abolition excitement has been running so high at Weston,” wrote a correspondent from Westport on August 1, 1854, “that the authorities have ordered all free gentlemen of color to leave the town.”100 “Proslavery harangues provoked the people to frenzy and outrage. Those living east and north of Platte City became almost insane,” reads an entry in the Annals of Platte County for April, 1855.101 On April 14 a meeting was held at Parkville to threaten Northern Methodists. G. S. Park and W. J. Patterson of the Luminary were threatened with a plunge into the Missouri if they reappeared in the village, “and if they go to Kansas to reside, we pledge our honor as men, to follow and hang them, whenever we can take them.” The press was then dumped into the river.102 “Atchison, Stringfellow & Co. have worked up quite a portion of Platte County to a fever-heat excitement,” says the account of a conservative slaveholder, “and they appear ready for almost any rash act; but that feeling does not extend above that county. Buchanan, Andrew, Holt, etc., are quite calm and conservative in feeling and action. Some effort was made in Buchanan to raise steam, but it proved an entire failure.”103 On May 17, 1855, William Phillips, a Leavenworth abolitionist, was brought to Weston
100 From a proslavery correspondent in the Republican of August 4, 1854.
101 P. 198.
102 Missouri Statesman, April 27, 1855. See also Paxton, p. 198. This action was indorsed by meetings in Platte County and at Liberty (ibid., pp. 198-200). The statement of Park which caused the trouble can be found in the Missouri Statesman of June 1, 1855.
103 Letter dated May 10, from “One of the largest slaveholders in Andrew county” (Missouri Statesman. June 8, 1855). The Bentonites and the Whigs. though many of the latter were radically pro-slavery, incessantly accused Atchison of arousing feeling to insure his reelection to the Federal Senate. His Whig competitor at the time was A. W. Doniphan. Early in July, 1855, a proslavery meeting was held in Platte County. Atchison’s party pushed through the following resolution: “That in the selection of persons for office, State, Federal, or county, we will hereafter disregard all questions which have heretofore divided us as Whigs and Democrats.” As the Whigs were in the majority at this meeting, one of them immediately moved that Doniphan be supported for the Senate. The Atchison party then withdrew its conciliatory resolution (letter in ibid., July 13, 1855).
where he was tarred and feathered, had half of his head shaved, was ridden on a rail, and was finally sold at auction by a negro. It was claimed, however, that the citizens of Weston did not participate in this affair.104
By the summer of 1855 the furor had become pretty general in western and central Missouri. The anti-Bentonites and radical Whigs advocated strenuous action, while Bentonites, with some exceptions, and conservative Whip preached law and order.105 A letter of May 24 from James S. Rollins to George R. Smith well describes the conditions in Boone and neighboring counties. “I endorse your position throughout, and commend you, for having the courage to take it, unless the conservative men of the Country stand firm, and resist the spirit of reckless unprincipled fanaticism, which a few dangerous demagogues are exciting, there is positively no predicting what is to become of our institutions. . . . The demagogues are doing all in their power to get up excitement in this locality, thus far they have not succeeded—they renew their efforts on the 2nd of June when a public meeting is called in this place. The principal instigators here, are . . . old McBride and . . . Shannon the Irishman, at the head of the college. . . . Let me tell you that no man is doing more to corrupt the public mind of Missouri, on these exciting questions than the aforesaid Shannon . . . the excitement is confined chiefly to Platte, Clay & Jackson. . . . We should not hesitate to make the issue which Atchison and his Mobocrats have tendered and if the law abiding conservative portion of Missouri, those indeed, the real slave owners, most deeply interested in this question, are overpowered, it will only be that much worse for the country . . . let us act.”106
104 Republican, May 25, 1855, quoting from an issue of the Weston Platte Argus of unknown date. Another abolitionist, J. W. B. Kelly, was condemned by a Clay County public meeting in August, 1855, and as they had no tar he was asked to leave, which he did (Missouri Statesman, August 20, 1855.
105 The Commercial Cycle of St. Joseph and the Weekly Mirror of Richmond were strongly proslavery Whig papers, while the Fulton Telegraph. Boonville Observer, and Hannibal Messenger were conservative Whig sheets.
106 MS. Smith Papers. The underlining of clauses for the sake of emphasis as made by the writer has been omitted, as it is the rule rather than the exception.
The meeting of June 2, referred to in the above letter, well portrays the spirit of the extremist element. Radical Democrats and Whigs for the time buried the hatchet. Three of each party were appointed to draft resolutions which were reported to the Assembly by W. F. Switzler, who had gone temporarily into the jingo camp. Slavery was declared to be a legal institution, abolitionism was excoriated, “Squatter Sovereignty” and the Kansas-Nebraska Act were endorsed, and the agitation of the slavery issue in or out of Congress was condemned. The Union was declared to be the “palladium of our liberties,” and Governor Reeder of Kansas was censured and with him the antislavery element in Kansas. Dr. Lee, one of the above committee of six, then offered a series of resolutions which declared that “odious measure,” the Missouri Compromise, to be unconstitutional, and stated that “while we deprecate the necessity, we cannot too highly appreciate the patriotism of those Missourians who so freely gave their time and money for the purpose, in the recent election in Kansas of neutralizing said abolition efforts.”107
Meanwhile there was a demand for a state proslavery convention. The St. Louis Intelligencer on June 6 advocated such an assemblage, and prayed that every delegate be a slave owner, as “we never yet knew a mob composed of slaveholders.”108 On June 21 a “Committee of Four” sent out a call from Lexington “To the Members of the General Assembly of the State, and all true friends of the South and the Union.”109
As a result the convention met at Lexington, July 12 to 14, 1855.110 The “Irishman” James Shannon, president of
107 Switzler’s Scrapbook for Years 1844-55, p. 229. Also in Missouri Statesman of June 8, 1855.
108 Quoted by the Missouri Statesman of June 15.
109 Ibid., June 29. Delegates to the convention were chosen at local county meetings. For example, on July 4 the proslavery party of Audrain County assembled in the court house at Mexico, selected representatives, and passed resolutions (Dollar Missouri Journal, July 19). But there were no Audrain County delegates listed in the official roster of the convention.
110 The work of the convention can be found in the official published Proceedings and Resolutions. This pamphlet contains President [footnote continues on p. 201] Shannon’s address, the Address of the Convention to the People of the United States, and the Proceedings and Resolutions. The proceedings can also be found in the Missouri Statesman of July 20, the Missouri Weekly Sentinel of July 20, the Weekly Pilot of July 21, the Dollar Missouri Journal of July 19, and in most of the other Missouri papers.
the State University, delivered on July 13 a fanatical tirade on abolitionism in general and on the antislavery forces of Missouri and Kansas in particular. His effort so pleased the leaders of the movement—Judge W. B. Napton, Sterling Price, and others—that it was ordered to be printed with the proceedings.”111
Great enthusiasm marked the progress of the convention. Twenty-five counties were represented on the opening day. Later two delegates arrived from St. Louis, bringing the number up to 226 from 26 counties.112 Of these delegates one writer found that 150 were from counties which had gone Whig in the previous election, 18 were from anti-Benton counties, 15 from Benton counties, and the other 41 were from counties which were Whig and anti-Benton.113 This analysis, however, is most misleading. Naturally it was the radical proslavery element alone in any county which met to elect the delegates, and the majority party in the county did not necessarily have any control in the selection. That many Whigs joined the Kansas invasions and helped to fan the flame at home is certain.114 On the other hand, the law and order forces were led by the great Whigs—Rollins, Smith, Doniphan, and others. In 1855 Whig and Democrat differed fundamentally on the tariff, the currency, and kindred subjects, but differences on the slavery
111 Proceedings, pp. 6-31. The opposition criticized Shannon as being “unprofessional” and “anti-ministerial” in his public activity (Missouri Statesman, October 20, 25, 1855). President Shannon was a minister in the Christian (Disciples) Church.
112 Proceedings, pp. 19-21.
113 Tupes, p. 61. He did not include the two delegates from St. Louis.
114 “I will not talk about the Kansas troubles,” said Mr. Martin J. Hubble of Springfield. “I did not favor the agitation. Many Whigs did, however.” “Party made no difference in the Kansas struggle,” stated Colonel D. C. Allen of Liberty. “James H. Moss and Hiram A. Bledsoe of Lafayette county were prominent Whigs who led in the invasions.”
question were largely a matter of personal opinion, not a party issue.
Judge W. B. Napton seems to have been the leading spirit in the convention. He introduced a series of resolutions covering the whole subject of slavery in the abstract and in its concrete application to Kansas. A committee of five was appointed to draw up an address to the people of the United States “setting forth the history of this Kansas excitement.”115 In this paper the danger to western Missouri slave property, and indeed to the slavery system throughout the country, was enlarged upon. Emigrant aid societies were condemned, the presence of a widespread desire for emancipation in Missouri was denied, and the entire political situation as it related to slavery was elaborately discussed.116
The resolutions of the Lexington convention did not carry with them the pacification of the whirlwind in Missouri. As northern settlers continued to pour into Kansas, political convulsions in Missouri increased. Nearly a year after the convention R. C. Ewing wrote George R. Smith from Lexington: “I find . . . the Slavery question . . . all absorbing. . . . Your reported opinion in relation to Kansas is doing you a deal of damage in Saline, Lafayette, & Jackson. . . . You had as well try to oppose an avalanche as the influence of this Kansas excitement.”117 Armed invasions of Kansas by Atchison and his henchmen ensued, but in this connection we are interested only in the effect of the settlement of Kansas on the escape of the Missouri slave.
After the struggle had resulted in a victory for the anti-slavery forces, the golden age of slave absconding opened.
115 Proceedings, pp. 22-24. Torbert of Cooper County advocated retaliatory measures against the products and manufactures of Massachusetts and other States which had opposed the Fugitive Slave Law. This resolution was adopted (ibid., p. 25). Knownslar of Lafayette County introduced a resolution to make more “effective laws, suppressing within said States [slave States] the circulation of abolition or freesoil publications, and the promulgation of freesoil or abolition opinions.” This resolution was also adopted (ibid., p. 27).
116 Besides being printed with the Proceedings, the Address can be found in the Weekly Pilot of October 5 and in the Missouri Statesman of October 19.
117 In MS. dated June 19, 1856, Smith Papers.
Escapes apparently increased each year till the Civil War caused a general exodus of slave property from the State. The enterprising abolition fraternity of Kansas—Brown, Lane, Doy, and the rest—seemingly made it their religious duty to reduce the sins of the Missouri slaveholder by relieving him of all the slave property possible. The problem became so grave that in 1857 the General Assembly by joint resolution instructed the Missouri representatives in Congress to demand of the Federal government the securing of their property as guaranteed by the Constitution, and in particular protested against the action of certain citizens of Chicago who had aided fugitives to escape and had hindered and mistreated Missouri citizens in search of their slaves.118 In this same year two members of the legislature independently introduced amendments to the patrolling laws, which, although not adopted, received such strong support that they were printed in the appendix of the House Journal. These bills provided that special patrols should be created in the counties on the Illinois, Iowa, and Kansas borders, to be supported by a special tax levied on the slave property of the State. These patrols were to watch free negroes and examine all ferries and other river craft. Any boat not licensed was to be cut loose, and if it was not chained and locked the owner was to be fined one thousand dollars.119 This shows the nature and the constancy of the danger to which the slaveholder’s property was subjected.
The Underground Railroad was now running very smoothly. Neighboring States reveled in Missouri’s misery. Galesburg, Illinois, and Grinnell, Iowa, were considered
118 House Journal, 18th Ass., 1st Sess., p. 296, and app., p. 313, February 14, 1857. An account of this Chicago episode is found in the Weekly Pilot of May 26, 1855. At times Illinois seems to have done her duty in enforcing the Fugitive Slave Law. “Last week, two negro men supposed to be slaves, who had escaped from a steamboat whilst ice bound in the river . . . were arrested in the town of Benton. Illinois. As the citizens had no means of detaining them, not having sufficient evidence that they were slaves, they were lodged in jail under a charge of petit larceny. This charge, however, would not justify a long detention” (Republican, January 8, 1852).
119 House Journal, 18th Ass., Adj. Sess., app., pp. 276-278.
havens for the fugitive.120 Philo Carpenter of Chicago is said to have helped two hundred Missouri slaves to Canada.121 The route of the western Missouri division of the Underground was by Kansas, circling Leavenworth, Atchison, Lecompton, and other proslavery settlements, and thence by way of Tabor, Iowa, to Canada. John E. Stewart and Dr. John Doy are said to have shipped a hundred slaves, averaging in value $1000, for the recovery of each of which a reward of $200 was offered. John Brown was rumored to have carried off sixty-eight.122
To many Missouri slaveholders the seriousness of the problem must have been overwhelming. “It [slave abduction] threatens to subvert the institution in this State,” said an editorial of 1855, “and unless effectually checked will certainly do so. There is no doubt that ten slaves are now stolen from Missouri to every one that was spirited off before the Douglas bill.”123 As a result of this unrest many
120 Siebert, pp. 97-98.
121 Ibid., p. 147.
122 Anonymous, “The Underground Rail Road in Kansas” (Kansas City Star. July 2, 1905). As Lecompton lay between Lawrence and Topeka, both the Mound City and the Lawrence routes made for Holton and then for Nebraska City and Tabor (ibid.). According to another writer, many are said to have escaped by way of Tabor, but no figures or particulars are given (A. A. Minick, “The Underground Railway in Nebraska,” Collections of the Nebraska State Historical Society, ser. ii, vol. ii, p. 70). Ten or twelve disappeared from Platte County during 1854-55 (History of Clay and Platte Counties, p. 632). Four slaves escaped from Platte County in June, 1855, through the aid of three whites (Missouri Statesman, June 29, 1855, quoting from the Parkville Democrat of June 16). The legends which were woven about the slave raids from Kansas were often most fantastically colored. For instance, James Redpath states that after Brown’s famous raid the slave population of Bates and Vernon Counties was reduced from five hundred to “not over fifty slaves” from being sold south and from escapes (Public Life of Captain John Brown, p. 221). As a matter of fact, these two counties together had 471 slaves in 1856 (State Census, 1856, Senate Journal, 10th Ass., 1st Sess., fly-leaf in the appendix), while in 1860, after Brown’s raid, there were more than before the raid, 535 being accredited to these counties in the Federal census of 1860 (Population, p. 208). The depositions of several border county slave-owners who lost property through Kansas forays can be found in House Journal, 20th Ass., 1st Sess., app., pp. 79-80.
123 Quoted by Siebert, p. 194, from the Independent of January 18, 1855, which in turn quotes from an issue of the Daily Intelligencer of unknown date.
owners seem to have moved their negroes to safer regions. General Haskell of Kansas states that while going down the Missouri in December, 1858, there was a continuous stream of slaves driven on board his boat. By the time he reached Jefferson City there were three hundred and fifty bondmen aboard.124 This account is confirmed by a similar report in a St. Joseph paper of 1860. “Within ten days no less than one hundred slaves were sold in this district, and shipped South. Owners are panic struck, and are glad to sell at any price.” An “excellent house-keeper” sold for $900 for whom $1200 had been offered the year before.125
Not all slaveholders considered western Missouri as unsafe for slave property, as did the above. An army officer in 1857 wrote from St. Louis to George R. Smith of Pettis County that he had ten negroes at Fort Leavenworth whom he feared the abolitionists might run off. “I wish to purchase a tract of land for cultivation,” he wrote, “to put my negroes on. . . . I am offered fine tracts near Jefferson City and Boonville. I am advised by some of my friends to make a location in Mississippi. . . . I will visit your county if your answer to my questions seem to warrant it.”126 A man as well informed as an army officer would not debate between Missouri and Mississippi when several thousand dollars’ worth of slaves were concerned if he thought the State was as unsafe a place for slave property as many believed it. At the same time, newspaper accounts of escapes are numerous during the years from 1850 to 1860127 As in the other
124 P. 37. The Reverend Frederick Starr claimed that escapes were so numerous in 1853 that the planters of river counties were moving to Texas (Letter no. i, p. 16).
125 Quoted in the Twenty-Eighth Annual Report (1861) of the American Anti-Slavery Society, p. 141, from the St. Joseph Democrat of unknown date.
126 MS. Lackfield Maclin to Smith, June 25, 1857, Smith Papers.
127 “We have noticed with regret, that for more than a year the negroes have been running away from the eastern part of this [Lafayette] county, and the western part of Saline, while in the other parts of this county and adjoining counties very few attempt to escape. Is there no cause for this? Is there not some branch of the underground railroad leading from the neighborhood of Dover and Waverley?” (Richmond Weekly Mirror, September 15, 1854). [footnote continues on p. 206] Six slaves were discovered storing arms in Marion County preparatory to trying the “Underground” in 1855 (Weekly Pilot, April 28, 1855). Eight hundred dollars reward was offered for four slaves who escaped from C. Cox and R. Middleton of St. Joseph on September 22, 1855. “It is believed that said slaves are aiming to go to Iowa and thence to Chicago,” runs this advertisement (St. Joseph Commercial Cycle, September 28, 1855).
border States, the advertisement, with a cut of the flying negro with his earthly goods in a bandana swinging from a stick over his shoulder, is seen in almost every issue of nearly every paper.
The opening of the Civil War at once released thousands of negroes. As it continued many of the slaves of western Missouri ran for Kansas. “$200,000 of colored wealth walked off in the night to the bleeding shores of our neighboring state and ‘turned up’ there as citizens,” said a contemporary128. An entry in the Annals of Platte County for February 1, 1865, states that the Missouri was frozen over and that many slaves had crossed to Kansas and enlisted in the Federal army, and another item for April 1 declares that slaves were daily escaping, being enticed away by Union soldiers.129 The Federal census of 1860 gave Missouri 114,931 slaves.130 Of these but 73,811 were in the State in 1863.131 Many had enlisted in the Federal army, and many had fled to free territory. So many Missouri slaves took active part in the War that even the emancipationists were alarmed. In the “Charcoal” Convention of September, 1863, the radical emancipation party expressed their indignation. McCoy of Caldwell County offered among other resolutions the following: “Whereas, The slaves heretofore held in bondage in Missouri are rapidly escaping into surrounding States, and entering the army there, being credited to those states and as circumstances necessitate the draft for filling up the decimated regiments of our own State. . . .
128 William Kauscher of Oregon, Missouri, in a speech delivered by him at that place on July 4, 1876, entitled, “Holt County During the War” (Wm. Hyde Scrapbook, volume on “Early St. Louis and Missouri”).
129 Pp. 325, 327.
130 Eighth Federal Census, Population, p. 280.
131 Report of the State Auditor of Missouri for 1865, p. 39.
We respectfully demand of General Schofield, permission to recruit colored men belonging to disloyal men of this State to be accredited on the quota of Missouri troops.”132
From what has been said it is clear that the escape of the slave was a problem in Missouri throughout the whole slavery period. It may have been that in many instances the press and political agitators sought to arouse popular fear by holding up the spectre of a vast negro migration, representing millions of capital and the only obtainable labor, moving across the sluggish Missouri in the skiffs of the Massachusetts abolitionists, with “Beecher’s Bible” in hand and with Underground ticket in pocket, or by predicting a general exodus over the level boundaries of Jackson and Cass Counties, guided by dark, bearded satellites of John Brown or Jim Lane. Events proved that the slavery system, especially in western Missouri, was in danger, and in the fifties the hard-headed Missourian needed no lurid tales to arouse his fears and stir his resentment.
132 Journal, Missouri State Radical Convention, 1863, p. 10.
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Dinsmore Documentation presents Classics on American Slavery