Brown’s home base, and burned it to the ground. Other attacks by bands of slavery
advocates occurred at Sugar Mound and other Free Soil towns.
Amid escalating violence, the Topeka legislature convened on Jul y 4, 1856, to
submit a Free State constitution to the U.S. Congress. Under orders from President
Pierce, who considered th e existence of the Topeka government to be treasonous
and a threat to his a uthority, federal troops broke it up. Despite this action,
Congress considered the Topeka Constitution as the basis for admission to the
Union. The House passed it later in July, but it failed in the Senate.
The failure of the Topeka Constitution and the breakup of the Topeka
government proved to b e only temporary victo ries for the proslavery faction in
Kansas. The summer of 1856 marked the height of the political dominance of
the proslavery forces in the territory. Despite continuing violence, thousands of
Free Soil emigrants poured into Kansas from New England and the Ohio Valley.
The political balance in the Kansas Territory shi fted toward the antislavery fac-
tion. The prosl avery Lec ompton Constitution was voted down b y a resoun ding
majority of Free Soil voters in January 1858.
With the i nflux of thousands of northern settlers and the return of exiled Free
Soilers driven out earlier by border ruffians, the proslavery community, now in
the minority, faced growing harassment and intimidation from these returnees
looking to settle scores and take back land they felt had be en usurped a nd bands
led by Brown, Lane, James Montgomery, Charles Jennison, and other Free Soil
partisan bands who came to be known collectively as “Jayhawkers.”
The guerilla war in the Kansas Territory reached its height on May 19, 1858,
when a band of 20 to 30 proslavery raiders, many of whom were southerners or
Missourians who had b een driven from their claims, crossed into Kansas. seized
11 Free-Soil settlers from their homesteads, herded them into a ravine near the
town of Trading Post, and fired on them, killing five. They then rode off, leaving
all 11 for dead. Miraculously, four were wounded and survived and two were not
hit at all (Neely 2007, 68–69).
In retaliation f or these attacks, gangs of Free Soil raiders, the most active
among them the militia headed by James Montgomery, attacked proslavery farms
in the Bourbon County area near Fort Scott. On June 7, 1858, Montgomery
attacked the town of Fort Scott despite the presence of federal troops in the nearby
fort. They inflicted few casualties and did little damage, but still demonstrated that
not even the U.S. Army would deter the partisan warfare.
By the summer of 1858, the situation in eastern Kansas was growing desperate.
Patrolling U.S. troops reported widespread damage from raiders fr om both sides
that threatened to disrupt agricultural production. Dozens of farms were burning
or abandoned. Fortunately, cooler heads in both Kansas and Missouri, fearing open
warfare between the Kansas Territory and its neighbor, stepped in to assert control.
350 Bleeding Kansas (1854–1858)