THE ISSUE BETWEEN EARLY SETTLERS—INFLUX OF FREE STATE AND PRO-SLAVERY PARTISANS—EARLY VOLUNTEERING—MILITARY ORGANIZATIONS—THREATENED INVASION FROM MISSOURI—POLITICAL SOCIETIES—JAYHAWKERS—CLEVELAND’S GANG—LYNCHINGS—ATCHISON COUNTY TROOPS IN THE WAR—PRICE’S ATTEMPTED INVASION.

The six years intervening between 1854 and 1860 constitute a momentous period in the history of Atchison county. No new community was ever organized under more unpromising circumstances. It was not merely land hunger and lust for personal gain that were the impelling motives which brought men to Kansas in that day. Neither gold, nor gas, nor oil, nor precious gems lured men here. Kansas was then, as it is now, an agricultural paradise, and such an environment has ordinarily but little charm for the daring adventurer and the seeker after sudden riches, who toil not and spin less. It is true that a large number of peaceful, plodding home-seekers—the tillers of the soil—the hewers of wood and the haulers of water, immigrated to Kansas to take up land and build permanent homes, but they were in the minority prior to 1860. The tremendous issue of human slavery was the all absorbing fact, and the long struggle here wrought a complete revolution in the political thought of the whole country. Men came to Kansas for the most part for political rather than for business or agricultural reasons. The settlement of Kansas was an inspired political movement of partisans. There was little room for neutrals, and those who were “too proud to fight” went elsewhere. There was little consideration on the part of the early settlers of Kansas, of any questions except slavery and anti-slavery. They came in large numbers from the South and from the North, and met here upon the frontier in a final test of strength. The Free Soilers won, but only 130after bitter contests in which passion, prejudice and bloody partisanship ran riot, and Atchison county played a most conspicuous part in this great battle. The Nation and the world looked on as the battle lines surged forward and backward. And while they fought here in a last desperate struggle for supremacy, these courageous men and women on both sides founded their towns, built their court houses, their primary schools and their churches with an abiding faith in the hearts of each of them that victory would finally crown their efforts. Atchison county made progress in spite of the fact that her leaders were wrong. We gave promise here of being the metropolis of Kansas, for we had many geographical and commercial advantages over other struggling communities of the Territory. But before the well laid plans of our citizens matured, before projects for the development of steam transportation to bring us nearer the outside world could be concluded the mighty conflict which ended in four bloody years of civil war, broke upon the Nation, and Kansas within three months after being admitted as a State enrolled itself on the side of the union. Atchison county sprang to arms almost a thousand strong, and may it ever be said to its everlasting glory that few, if any, counties in the State had a more patriotic record. One hundred and thirty-one Atchison county men enlisted in the First Kansas regiment; twenty-five in the Seventh; eighty-five in the Eighth; eighty-six in the Tenth; 260 in the Thirteenth; 100 in the First Kansas (colored); twenty-five in the First Nebraska; 105 in the Thirteenth Missouri; thirty in the Fifteenth Kansas; forty in the Ninth, and fifty in the Sixteenth, or a total of 937 men, which, together with the scattering of men in other regiments in adjoining States, brought the total number of soldiers engaged during the Civil war to 1,000. The population of Atchison county at that time was 7,747, and the voting population 1,133, which shows that the total number of voters was but slightly larger than the total number of volunteers. At that time Atchison, by reason of its location, was subject to incursions from Confederate troops and Jayhawkers from Missouri, which called for the organization at different periods of the war, of home guard companies, which are not included in the foregoing statement. At the outset of the war Atchison had three militia companies, A, B and C, and a fourth, known as the All Hazard company, the origin of whose name is thus explained. At the city election in the spring of 1861 the issue was union or dis-union. The Republicans and union Democrats united in supporting G. H. Fairchild for mayor. He was a union Democrat who on various occasions announced his unwavering friendship of the union and for the 131maintenance of the constitution and laws “at all hazards,” and when this company enlisted for the war Mayor Fairchild was its captain and it became Company K of the First Kansas. It participated in the battle of Wilson’s Creek, August 10, 1861, which was the first action in which a Kansas regiment was under fire.

In 1861 there were constant threats of invasion from Missouri rebel organizations in Buchanan and Platte counties, and in that year another home guard company was organized with the following officers: Charles Holbert, captain; J. G. Bechtold, first lieutenant; Clem Rhor, second lieutenant; W. Becker, third lieutenant; John Schupp, ensign. During the following year the danger of invasion became still more threatening and 650 men in sixteen companies came to Atchison to protect the town from destruction. The Atchison county companies were commanded by Captains Holbert, Hays, Batsett, Evans and Vanwinkle. It was due to the thoroughness with which the people of Atchison organized themselves against invasion that they were spared from being completely annihilated. On the fifteenth day of September, 1861, another company for home guard service was mustered in at Ft. Leavenworth. J. M. Graham was captain; J. G. Bechtold, first lieutenant; R. N. Bryant, second lieutenant. This company subsequently became Company E of the First Kansas Regiment Home Guards, numbering fifty men, and were ordered back to Atchison for duty, where they were stationed until all danger of invasion had passed, after which the company became a part of the Eighth Kansas. The victories of the union forces in 1862 were frequent, and as a result many rebel sympathizers came to Atchison for safety, where they became very troublesome. In order to counteract the growing evil over the activities of these men, Mayor Fairchild issued a proclamation in which he warned them that they must not expect to be protected in any manner by the city laws as long as they held to the views which they expounded at even favorable opportunity. “It would be absurd to suppose,” the proclamation said, “that a patriotic community could treat otherwise than its enemies, persons who are in sympathy with base men who have brought upon our country untold misery, almost unlimited taxation and almost inconceivable pecuniary suffering. As a representative of a loyal people I will not encourage men to return among us who have circulated reports that they were refugees from the loyal States on account of their secession doctrines, nor will I give protection to men who unmistakably at heart belong to the Confederacy.” This proclamation met with such favor that a mass meeting of union men in Atchison county 132was held at Price’s Hall March 15, 1862. The whole county was well represented and stirring addresses were delivered by Colonel Edge, of Doniphan county, Tom Murphy, the genial proprietor of the Massasoit House, Rev. W. S. Wenz, Lieutenant Price, E. Chesebrough, Mayor Fairchild, Caleb May, and others, after which resolutions denouncing the southern sympathizers and notifying them not to return were unanimously adopted. During the latter part of the same year a call for aid to assist the Atchison county troops met with immediate response and within a few days, commencing August 20, 1862, almost $4,000 was subscribed by the citizens of Atchison. Seven hundred and forty-five dollars came from Mt. Pleasant township. Among the leading contributors were Theodore Bartholow, E. Chesebrough, G. W. Fairchild, J. W. Russell, W. L. Challiss, Dr. William Irwin, G. W. Howe, Bela M. Hughes, William Hetherington, Otis & Glick, Henry Deisbach, J. E. Wagner, Rice McCubbin, McCausland & Brown, Tom Murphy, W. A. Cochrane, Samuel C. Pomeroy, Stebbins & Company, E. Butcher, and William C. Smith, each of whom subscribed the sum of $50 or over. Atchison also made a notable contribution when Quantrell invaded Lawrence, sending $4,000 to assist the people of that city. In 1863 depredations of the Jayhawkers became very annoying, and a vigilance committee was organized and all good, peaceful and loyal citizens were called upon to band themselves together for the protection of their lives, homes and property. Those who joined the vigilance committee took an oath to support the Government of the United States and Kansas, and to do all in their power to put down the rebellion, and also to keep secret all proceedings of the organization. This committee did very effective work in bringing to punishment violators of law and also in keeping the lawless bands of Jayhawkers and other thieves out of Atchison county.

The following “circular” has been unearthed by the author, and while it bears no date it apparently contained the constitution, by-laws, ritual and oath of these societies.
“CIRCULAR TO OFFICERS.

“Be extremely careful in the selection of your members. Admit no one who is not of good standing in the community, and whom you have not good reason to believe to be firm and uncompromising in his devotion to the union, and to be relied upon to assist in any emergency in maintaining the laws and good order in the community. This is of the first and highest importance to the order, and if any member shows symptoms of defection, watch him closely.

133“In all cases, deal kindly with your opponents, and strive by gentle means to win them over to a change of sentiment. Many good men may thus be brought within our circle who would otherwise be lost to us.

“The first club established in your county seat will be called the County Club, to which all clubs in the county will report, and by those officers all such clubs will be established. It is important that we be frequently advised as to our strength in the State; and for this purpose each subordinate club will report weekly to the county club the number of members enrolled therein; and the County Club will report monthly to the Ex. Com. at —— the number of clubs and number of members in the county. These reports should be carefully sealed and addressed ——.

“The officers of County Clubs will be supplied with a printed constitution and ritual, and they will furnish officers of subordinate clubs copies of the same, with a strict injunction to secrecy.

“All correspondence must be secret as possible; and in order that this may be accomplished the monthly reports may consist only of the place, date, number of clubs in the county and number of members. No signature must be attached. These reports will be summed up and published by the Ex. Com.

“Strict secrecy as to the working of the organization is enjoined and promptness and vigor in its extension is very important. We must work now and work rapidly. No time is to be lost; our opponents are working vigorously and secretly, but it is not too late to counteract their machinations and utterly overthrow them. Work! Work! Work!
“CONSTITUTION.
“OBJECT.

“The object shall be to preserve and maintain the union and the constitution of the United States and of the State of Kansas, and to defend Kansas against invasion, insurrection, civil commotion and to protect union men against assassination, arson, robbery, prescription and all other wrongs inflicted by the enemies of the Government of the United States and of this State upon loyal persons.
“OFFICERS.

“The officers shall consist of Pr., V. P., R. S., T., M., and S., who shall hold their office for three months.
134
“DUTIES OF OFFICERS.

“The duties of officers shall be the same as in similar organizations and all business shall be conducted in the usual parliamentary form.
“ADMISSION OF MEMBERS.

“Persons may become members who are eighteen years of age and upwards, and are citizens of the United States.
“INITIATION.

“All initiations shall take place in and with the authority of the officers of the club who may delegate suitable persons to initiate members from time to time as occasion requires outside of any regular meeting of the club. Branch clubs may be formed by proper application to this club when the president may appoint suitable persons to establish the same.
“WITHDRAWALS.

“Any member may withdraw from this club by giving written notice of the same to the R. S. at any regular meeting; but the obligations of such member shall remain the same as before.
“AMENDMENTS.

“This constitution may be altered or amended by giving one week’s notice thereof, by a vote of two-thirds of the executive committee of the State. Each county club may make by-laws for its own organization, not conflicting with this constitution.
“RITUAL.

“Eternal God! Supreme Ruler, Governor and Architect of the Universe! We humbly beseech Thee to protect the people of the United States in general and especially the members of this organization. Wilt thou be pleased to direct and prosper all our consultations to the advancement of Thy glory, the good of Thy country, the safety, honor and welfare of Thy people, and may all things be ordered and settled by the Legislature and Executive branches of our Government upon the best and surest foundation, so that peace and happiness, truth and justice may be established among us for all generations. Wilt Thou be pleased to guide and direct us as Thou didst our Fathers in the Revolution. With the strength of Thine almighty arm Thou didst uphold and sustain them through all their trials, and at last didst crown them with victory. May 135charity, and brotherly love cement us; may we be united with our principles founded upon the teachings of Thy Holy Word and may Thy Good Spirit guide, strengthen and comfort us, now and forever, Amen.

“All candidates for membership to this club will be required to answer the following questions to be propounded by the marshal before initiation:

“1. Are you opposed to secession or dis-union?

“2. Do you acknowledge that your first and highest allegiance is due to the Government of the United States of America?

“3. Are you willing to take such an oath of allegiance to the United States of America?

“4. Are you willing to pledge yourself to resist to the extent of your power, all attempts to subvert or overthrow the constitution of the United States, or the constitution of the State of Kansas?

“Should the candidates answer affirmatively, the marshal, after repeating to the president, will conduct them into the club room and present them to the president, who shall then address the candidates as follows:

“Gentlemen:—We rejoice that you have thus voluntarily come forward to unite yourselves with us. The cause we advocate is that of our country; banded together for the purpose of perpetuating the liberties for which our fathers fought, we have sworn to uphold and protect them.

“It is a strange and sad necessity which impels American citizens to band themselves together to sustain the constitution and the union; but the Government under which we live is threatened with destruction. Washington enjoined upon us that ‘the unity of the Government which constitutes us one people is a main pillar in the edifice of our real independence; the support of our tranquility at home, our peace abroad—of our safety, of our prosperity, of that very liberty which we so highly prize.’ He charges that we should ‘properly estimate the immense value of our national union to our collective and individual happiness; that we should cherish a cordial, habitual and immovable attachment to it; accustoming ourselves to think and speak of it as the palladium of our political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned.’

“He tells us again that ‘to the efficiency and permanency of the union, a Government for the whole is indispensable. No alliances, however strict between the parts, is an adequate substitute.’

“It is to sustain this Government we are banded together, and for this purpose you are now required to take a solemn obligation.

136“Place your left hand on the National Flag and raise your right hand toward Heaven; repeating after me:

“We and each of us do solemnly swear in the presence of God and these witnesses to support, protect and defend the constitution and Government of the United States and of the State of Kansas against all enemies, foreign and domestic, and to maintain and defend the Government of the United States and the flag thereof, and aid in maintaining the laws of the United States in this State and to defend the State of Kansas against invasion from any State or States and from any other rebellion, invasion, insurrection to the best of our ability without any mental reservation or evasion—So help us God.

“The members will respond.

“To this we pledge ourselves.

“We do severally solemnly swear and affirm that we will protect, aid and defend each member of all union clubs, and will never make known in any way or manner, to any person or persons, not members of union clubs, any of the signs, passwords, proceedings, purposes, debates or plans of this or any other club under this organization, except when engaged in admitting new members into this organization.

“The president will then deliver the following address to the candidates:

“‘The oath which you have now taken of your own free will and accord cannot rest lightly upon your conscience, neither can it be violated without leaving the stain of perjury upon your soul. Our country is now in “disorder” and “confusion;” the fires of commotion and contest are now raging in our midst, war has come to us but we cannot, we must not, we dare not omit to do that which in our judgment the safety of the union requires, not regardless of consequences, we must yet meet consequences; seeing the hazard that surrounds the discharge of public duty, it must yet be discharged. Let us then, cheerfully shun no responsibility justly devolving upon us here or elsewhere in attempting to maintain the union. Let us cheerfully partake its fortune and its fate. Let us be ready to perform our appropriate part, whenever and wherever the occasion may call us, and to take our chances among those upon whom the blows may fall first and fall thickest.

“‘Above all remember the words of our own immortal Clay: “If Kentucky tomorrow unfurls the banner of resistance, I never will fight under that banner. I owe a paramount allegiance to the whole union. A subordinate one to my own State.”

“‘Be faithful, then, to your country, for your interests are indissolubly connected with hers; be faithful to these, your brethren, for your life and theirs 137may be involved in this contest; be faithful to posterity for the blessings you have enjoyed in this Government are but held in trust for thee.’

“Response by all the members—We Will!

“The president will then present the constitution and oath to the candidates for their signature.”

Charles Metz, a notorious Jayhawker, whose personal appearance and characteristics are best described in an essay entitled, “The Last of the Jayhawkers,” contributed to the old Kansas Magazine, by John J. Ingalls. “Conspicuous among the irregular heroes who thus sprang to arms in 1861,” says Ingalls, “and ostensibly their leader, was an Ohio stage driver by the name of Charles Metz, who having graduated with honor from the penitentiary of Missouri, assumed for prudential reasons the more euphonious and distinguished appellation of ‘Cleveland.’ He was a picturesque brigand. Had he worn a slashed doublet and trunk hose of black velvet he would have been the ideal of an Italian bandit. Young, erect and tall, he was sparely built and arrayed himself like a gentleman in the costume of the day. His appearance was that of a student. His visage was thin, his complexion olive tinted and colorless, as if ‘sicklied over with a pale cast of thought.’ Black piercing eyes, finely cut features, dark hair and beard correctly trimmed, completed a tout ensemble that was strangely at variance with the aspect of the score of dissolute and dirty desperadoes that formed his command. These were generally degraded ruffians of the worst type, whose highest idea of elegance in personal appearance was to have their mustaches a villainous, metallic black, irrespective of the consideration whether its native hue was red or brown. * * * *

“The vicinity of the fort with its troops rendered Leavenworth undesirable as a base of operations. St. Joseph was also heavily garrisoned, and they accordingly selected Atchison as the point from which to move on the enemy’s works. Atchison at that time contained about 2,500 inhabitants. Its business was transacted upon one street and extended west about four blocks from the river. Its position upon the extreme curve of the ‘Grand Detour of the Missouri, affording unrivaled facilities to the interior in the event of pursuit. Having been principally settled by Southerners it still afforded much legitimate gain for our bird of prey, and its loyal population having already largely enlisted, the city was incapable of organized resistance to the depredations of the marauders.

“They established their headquarters at the saloon of a German named Ernest Renner, where they held their councils of war and whence they started 138upon their forays. The winter was favorable to their designs, as the river closed early, enabling them to cross upon the ice. Cleveland proclaimed himself marshal of Kansas, and announced his determination to run the country. He invited the cordial co-operation of all good citizens to assist him in sustaining the government and punishing its foes. Ignorant of his resources and of his purposes, the people were at first inclined to welcome their strange guests as a protection from the dangers to which they were exposed, but it soon became apparent that the doctors were worse than the disease. They took possession of the town, defied the municipal authorities, and committed such intolerable excesses that their expulsion was a matter of public safety. Their incursions into Missouri were so frequent and audacious that a company of infantry was sent from Weston and stationed at Winthrop to effect their capture, but to no purpose. * * * * If a man had an enemy in any part of the country whom he wished to injure, he reported him to Cleveland as a rebel, and the next night he was robbed of all he possessed and considered fortunate if he escaped without personal violence. * * * * A small detachment of cavalry was sent from the fort to take them, but just as they had dismounted in front of the saloon and were hitching their horses, Cleveland appeared at the door with a cocked navy in each hand and told them that he would shoot the first man who moved a finger. Calling two or three of his followers he disarmed the dragoons, took their horses and equipments and sent them back on foot to reflect upon the vicissitudes of military affairs. Early in 1862 the condition became desperate and the city authorities, in connection with the commander at Winthrop, concerted a scheme which brought matters to a crisis. Cleveland and about a dozen of his gang were absent in Missouri on a scout. The time of their return was known, and Marshal Charles Holbert had his force stationed in the shadow of an old warehouse near the bank of the river. It was a brilliant moonlight night in mid-winter. The freebooters emerged from the forest and crossed upon the ice. They were freshly mounted and each one had a spare horse. Accompanying them were two sleighs loaded with negroes, harness and miscellaneous plunder. As they ascended the steep shore of the levee, unconscious of danger, they were all taken prisoners except Cleveland, who turned suddenly, spurred his horse down the embankment and escaped. The captives were taken to Weston, where they soon afterward enlisted in the Federal army. The next day Cleveland rode into town, captured the city marshal on the street and declared his intention to hold him as a hostage for the safety of his men. He compelled the 139marshal to walk by the side of his horse a short distance, when finding a crowd gathering for his capture, he struck him a blow on the head with his pistol and fled.”

Cleveland continued his exploits for a number of months after this, but was finally captured in one of the southern counties where he was attempting to let himself down the side of a ravine. He was shot by a soldier from above, and the ball entered his arm and passed through his body. He was buried in St. Joseph. Mo., and a marble head stone over his grave bears the following inscription, placed there by his widow: “One hero less on earth, one angel more in heaven.”

As the direct result of the operations of Cleveland and his gang, the spirit of lawlessness grew and the people finally “took the law into their own hands.” Perhaps the best account of the lynchings that followed was given by Hon. Mont. Cochran March 17, 1902, at the time a Congressman from Missouri, but formerly a leading citizen and county attorney of Atchison. Mr. Cochran said:

“The thieves who fell victims to Judge Lynch, while not known as Cleveland’s gang, operated extensively throughout the period of lawlessness in which no effort whatever was made to bring the outlaws to justice. After the Cleveland gang had been effectively broken up, these depredatory scoundrels continued their operations. Their last crime, and the one for which they were gibbeted, was the attempted robbery of an old man named Kelsey. He had received at Ft. Leavenworth $1,500 on a Government contract, and, upon returning home by the way of Atchison, he deposited it in Hetherington’s bank. The thieves went to his house at night and demanded the money. Of course, he could not produce it. They tortured the old man and his wife alternately for hours, and when after the departure of the thieves, the neighbors were called in, Kelsey and his wife were nearer dead than alive. The next morning hundreds of their neighbors, armed to the teeth, swarmed into Atchison. In Third street, north of Commercial, was a little log building, which had been the home of an early settler, in which was a gunsmith’s shop. Three or four of the farmers went there to have their fire arms put in order. When they came out one of them had a revolver in his hand. Two fellows standing by, seeing the farmers approaching, dived into an alley and started westward at ............