submit to arrest for contempt of court, and tendering
the judge
a. posse of United States troops
to aid in making the arrest. The judge began
to see that he had been making a fool of himself, and
dropped the subject. These Territorial judges
had shown themselves capable of any excess of villainy,
and had been a sure refuge in every time of trouble
to this Lecompton party; but even the courts had now
failed them, and these “border ruffian”
judges were only laughed at by this Southern Governor.
One year before, these conspirators had assembled
an army to drive out the Free State settlers, and to
give the Territory into the hands of the South; but
Gov. Geary had interfered to thwart their purpose,
and, what was worse, a majority of the leaders of
that army, men of note along the Missouri border, had
declared themselves in sympathy with Mr. Geary.
Then they had asked for a Southern Governor, for would
not he be true to the South? And now even this
man had failed them, and had given the control of the
Territorial Legislature into the hands of the Philistines!
They were indeed in evil case. It seemed as if
heaven and earth had combined against them, and that
only hell was on their side. One last chance
remained. If this was a desperate chance, it must
be remembered they were playing a desperate game—they
would make Kansas a slave State in spite of the Governor,
in spite of the Territorial Legislature, and in spite
of the people of Kansas.
CHAPTER XXV.
The Convention that had been called to frame a State
Constitution, and in which election the Free State
men had taken no part, had met to do its work in September
of 1857, and finished in November; but to the last
it refused to make provision to submit the Constitution,
when framed, to a vote of the people, for acceptance
or rejection. But in place of this thing, had
virtually said to them: “You must accept
this Constitution whether you like it or not.
We will allow you to vote for the Constitution
with slavery; or, for the Constitution without
slavery; but you must vote in every contingency for
the Constitution.”
But admitting the people had voted for the Constitution
without slavery, still a trap was set for them
in the following proviso, which would still remain
an integral part of the Constitution.
“If, upon such examination of such poll-books
it shall appear that a majority of the legal votes
cast at said election be in favor of the ‘Constitution
with no slavery,’ then the article providing
for slavery shall be stricken from this Constitution,
and slavery shall no longer exist in the State of
Kansas; except that the right of property in slaves
now in this Territory shall in no manner be interfered
with.”