We left Andrew Reeder, Charles Robinson, and probably the antislavery members of the Howard Committee. They had news of indictments handed down against Reeder, Robinson, and most everyone else who held office in the illegal free state government of Kansas territory. They agreed that Reeder should submit to arrest, as his national reputation would make him an ideal rallying point for the free state party’s friends abroad. Robinson should get out of Kansas and set to work raising money, men, and guns. It might come to armed rebellion at last. If it did, the free state men resolved to fight it out and hope for the destruction of the proslavery territorial government. They had to act soon, or Samuel Lecompte’s grand jury would have the entire leadership imprisoned before the fall elections.
Reeder’s diary puts this all as happening on May 7, 1856, a Wednesday. Next, “toward evening” a Georgian named Fain called on Reeder and “very politely” told the delegate that he had a subpoena for him.
I requested him to let me see it, and he handed me a copy. On looking at it I discovered that it was very irregular in form, and, as I was not yet ready to be arrested for treason, I determined not to obey it. I accordingly so informed the officer, giving, as the reasons, my privilege as Delegate in Congress, and the informality of the subpena.
The Congress itself hadn’t decided on whether or not Reeder had any privilege as delegate, but he persuaded Fain not to make an issue of it. Instead the Georgian took his leave and came on Reeder’s grand jury informant, James Legate. Fain asked Legate where he might find Charles Robinson. Legate told him that Robinson had gone off to Topeka. Fain felt sure enough in Tecumseh, but Topeka worried him. He asked if he could go and conduct his business there in safety.
Legate mischievously told him he did not know, that he must run his own risks, which so alarmed the Georgian that he at once turned back to Lecompton. The same evening we went back to Topeka; stayed till after breakfast the next day.
Reeder doesn’t say it in so many words, and Robinson declines to note his movements in detail, but it sounds like Legate told Fain that Robinson had gone while the governor remained nearby. Reeder’s “we” might or might not include the governor, but he says that Fain “was told” Robinson had gone rather than that the governor actually had.
Possible Delegate Reeder found himself back in Lawrence later on May 8. There he continued his work representing the free state side before the Howard Committee, starting at two in the afternoon. He didn’t shake Fain for long, though. He reports that he
saw my Georgia friend of yesterday come in and go up stairs for a consultation with Major Oliver, and some friends; had a small posse with him, all armed.