[Footnote 9: Chief Justice Marshall had set the example for this in his Marbury _vs._ Madison _dictum_.] Both parties turned to Kansas to see what could be won there. During the spring of 1856, when Sumner and Brooks were manifesting the spirit of the members of Congress, the Southern and Northern groups in Kansas carried their warfare to similar extremes. Lawrence was destroyed by the pro-slavery men; the anti-slavery men returned the stroke in the massacres on Pottawatomie Creek. John Brown, a fanatical New England emigrant, imagined himself to be commissioned of Heaven to kill all the pro-slavery people who fell into his hands, and he did a bloody work which under other conditions would have been counted as murder and denounced everywhere. But in the autumn of 1856 wealthy and benevolent men in the North applauded him, gave him money, and held meetings in his honor. Into a Kansas frenzied with the work of Brown on the one side and that of the "border ruffians," as the Missourians were called, on the other, the President sent Robert J. Walker as governor, commissioned to solve the insoluble problem. So great was the faith of the country in Walker that he was hailed as the next President of the United States by fair-minded men and important newspapers. Walker called an election for a constitutional convention. Again the Missourians participated, and the Lecompton constitution was the result. The Free-State men refused to recognize the convention unless the new constitution should be submitted to a fair vote. This the convention refused to do, and the governor appealed to the President to compel submission. This was denied, and Walker resigned. The Lecompton, pro-slavery constitution of Kansas was submitted to the first Congress of Buchanan in December, 1857, and the Administration urged its adoption. Walker openly condemned Buchanan for deserting him, and he declared the Lecompton constitution to be a fraud. Yet the leaders of the South, resentful and angry, supported it, and the majority of the Senate was on the same side. The judges of the Supreme Court were known to favor it. The Republicans urged the adoption of the Topeka constitution of 1855, and the majority of the people seemed to be of the same view. What was the way out of the dangerous _impasse_? BIBLIOGRAPHICAL NOTE