A Mr. Fain, late of Georgia, had a grand jury subpoena for Andrew Reeder, Kansas’ first governor and present delegate to Congress under the free state government. He took it to Reeder on the evening of May 7, 1856. The delegate decided that he didn’t care for an arrest just then, pointed to irregularities in the warrant, and sent Fain on his way. The next afternoon, he saw Fain in Lawrence. Reeder’s “Georgia friend” came to town with an armed posse. He went upstairs to speak with Mordechai Oliver, the Howard Committee’s lone proslavery member.
He soon came into the room and informed me he had an attachment for me.
The room in question housed the committee’s proceedings. They had gotten to their fourth witness of the day and eighty-seventh overall, Joseph Steward. He had information for them on the elections for the Kansas legislature. Reeder declared, as he had the day before, that he had privilege from arrest thanks to his status as Kansas’ delegate to Congress and asked the committee to protect him. The Howard Committee had that power and Congress had sent them to Kansas with a sergeant-at-arms specifically so they could arrest anybody who tried to interfere with their business and haul the guilty party off to Washington for contempt of Congress proceedings.
But Reeder tells that the committee felt otherwise:
They decided they had no power to interfere, but Howard and Sherman expressed a positive opinion in favor of my privilege from arrest; Oliver differing from them on that point. I then stated how I was privileged, made a full explanation, and declared that I would protect myself, and warned the officer that if he arrested me, he did so at his peril.
That sufficed; Fain took Reeder at his word and departed. He had a posse with him, but may not have wanted to seize Reeder in front of the congressmen. Given how well Sheriff Jones’ arrest attempt had gone for him not that long ago, and Fain’s previously-expressed concern for his safety probably played a major role in his decision. Jones got shot while in the company of United States soldiers and Fain lacked such an exalted bodyguard.
Reeder’s travail did not end there. He and the free state leadership agreed that Reeder should submit to arrest in time, which would put him in Lecompton without bail for at least six months. The delegate got word that if he went, he would be “in danger of nightly assassination and daily insult.” Given the option between fighting the good fight, either in Kansas or Congress, and risking his life “in some miserable dog-hole”, he would rather pass on the latter. That evening he wrote to Governor Shannon and Lecompte promising that if he had their guarantee of safety and ability to return to his work on the committee at the end of his questioning, he would come before the grand jury as required. He did that on the advice of unnamed friends and likewise mulled with them whether he should wait on an answer, ready to fight it out if the posse came, or quit Kansas.
Reeder’s friends came to no consensus for him save that if the US military got involved, as they had on Jones’ behalf, he must submit.