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By that act it was declared to be the true intent and meaning of this act to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject to the Constitution of the United States.

So careful was Congress of the right of popular sovereignty, that to secure it to the people, without a single petition from any portion of the country, they removed the restriction against Slavery imposed by the Missouri Compromise. And yet this right, so carefully secured, was thus by force and fraud overthrown by a portion of the people of an adjoining State.

The striking difference between this Republic and other Republics on this Continent, is not in the provisions of constitutions and laws, but that here changes in the administration of those laws have been made peacefully and quietly through the ballot-box. This invasion is the first and only one in the history of our Government, by which an organized force from one State has elected a Legislature for another State or Territory, and as such it should have been resisted by the whole executive power of the National Government.

Your Committee are of the opinion that the Constitution and laws of the United States have invested the President and Governor of the Territory with ample power for this purpose. They could only act after receiving authentic information of the facts; but when received, whether before or after the certificates of election were granted, this power should have been exercised to its fullest extent. It is not to be tolerated that a legislative body thus selected should assume or exercise any legislative functions; and their enactments should be regarded as null and void; nor should the question of its legal existence as a legislative body be determined by itself, as that would be allowing the criminal to judge of his own crime. In section twenty-two of the organic act it is provided, that" the persons having the highest number of legal votes in each of said Council-districts for members of the Council, shall be declared by the Governor to be duly elected to the Council, and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor duly elected members of said House" The proclamation of the Governor required a verified notice of a contest when one was made, to be filed with him within four days after the election. Within that time, he did not obtain information as to force or fraud in any except the following districts, and in these there were material defects in the returns of election. Without deciding upon his power to set aside elections for force and fraud, they were set aside for the following reasons:

In the Ist District, because the words "by lawful dent voters," were stricken from the return.

Your Committee here felt it to be their duty not only to inquire into and collect evidence in regard to force and fraud attempted and practiced at the elections in the Territory, but also into the facts and pretexts by which this force and fraud has been excused and justified; and for this purpose your Committee have allowed the declarations of non-resident voters to be given as evidence in their own behalf, also the declarations of all who came up the Missouri River as emigrants in March, 1955, whether they voted or not, and whether they came into the Territory at all or not; and also the rumors which were circulated among the people of Missouri previous to the election. The great body of the testimony taken at the instance of the sitting Delegate is of this character. When the declarations of parties passing up the river were offered in evidence, your Committee received them upon the distinct statement that they would be excluded unless the persons making the declarations were by other proof shown to have been connected with the elections. This proof was not made, and therefore much of this class of testimony is incompetent by the rules of law, but is allowed to remain as tending to show the cause of the action of the citizens of Missouri.

The alleged causes of the invasion of March, 1855, are included in the following charges:

I. That the New-England Aid Society of Boston was then importing into the Territory large numbers of men, merely for the purpose of controlling the elections. That they came without women, children, or baggage, went into the Territory, voted, and returned again. II. That men were hired in the Eastern or Northern States, or induced to go into the Territory, solely to vote, and not to settle, and by so doing to make it a Free State. III. That the Governor of the Territory purposely postponed the day of election to allow this emigration to arrive, and notified the Emigrant Aid Society, and persons in the Eastern States, of the day of election, before he gave notice to the people of Missouri and the Territory. That these charges were industriously circulated; that grossly exaggerated statements were made in regard to them; that the newspaper press and leading men in public meetings in Western Missouri, aided in one case by a Chaplain of the United States Army, gave currency and credit to them, and thus excited the people, and induced many well-meaning citizens of Missouri to maren into the Territory to meet and repel the alleged Eastern paupers and Abolitionists, is fully proven by many witnesses.

But these charges are not sustained by the proof.

In April, 1854, the General Assembly of Massachsetts passed an act entitled "An act to incorporate the Massaresi-chusetts Emigrant Aid Society." The object of the Sciety, as declared in the first section of this act, was "for the purpose of assisting emigrants to settle in the West." The moneyed capital of the corporation was not to exceed five millions of dollars; but no more than four per cent. could be assessed during the year 1854. and no more than ten per cent. in any one year thereafter. No organization was perfected, or proceedings had, under this law.

In the IId District, because the oath was administered by G. W. Taylor, who was not authorized to administer an Dath..

In the IIId District, because material erasures from the printed form of the oath were purposely made. In the IVth District, for the same reason. In the VIIth District, because the Judges were not sworn at all.

In the XIth District, because the returns show the election to have been held viva voce instead of by ballot. In the XVIth District, because the words "by lawful residence" were stricken from the returns.

On the 24th day of July, 1854, certain persons 'n Boston, Massachusetts, concluded articles of agreement and association for an Emigrant Aid Society. The purpose of this association was declared to be "assisting emigrants to settle in the West." Under these articles of association, each stockholder was individually liable. To avoid ABSTRACT OF THE RETURNS OF ELECTION OF this difficulty, an application was made to the General

No. of District.

MAY 22, 1855.

PLACES OF VOTING.

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Although the fraud and force in other districts were equally great as in these, yet, as the Governor had no information in regard to them, he issued certificates according to the returns.

Assembly of Massachusetts for an act of incorporation, which was granted. On the 21st day of February, 1855. an act was passed to incorporate the New England Emigrant Aid Company. The purposes of this act were declared to be "directing emigration westward, and aiding and providing accommodation for emigrants after arriving at their place of destination." The capital stock of the corporation was not to exceed one million of dollars. Under this charter, a company was organized. Your Committee have examined some of its officers, and a portion of its circulars and records, to ascertain what has been done by it. The public attention at that time was directed to the Territory of Kansas, and emigration naturally tended in that direction. To ascertain its character and resources, this Company sent its agent into it, and the information thus obtained was published. The Company made arrangements with various lines of transportation to reduce the expense of emigration into the Territory, and procured tickets at the reduced rates. Applications were made to the Company by persons desiring to emigrate; and when they were numerous enough to form a party of convenient size, tickets were sold to them at the reduced rates. An agent acquainted with the route was selected to accompany them. Their baggage was checked, and alı trouble and danger of loss to the emigrant in this way avoided.

the Territory, as a means to control the election and es. tablish Slavery there.

Under these arrangements, companies went into the Territory in the Fall of 1854, under the articles of association referred to. The company did not pay any portion of The real purpose is avowed and illustrated by the testithe fare, nor furnish any personal or real property to the mony and conduct of Colonel John Scott, of St. Joseph's, emigrant. The company, during 1855, sent into the Terri- | Missouri, who acted as the attorney for the sitting deletory from eight to ten saw-mills, purchased one hotel in gate before your Committee. The following are extracts Kansas City, which they subsequently sold, built one hotel from his deposition : at Lawrence, and owned one other building in that place. In some cases, to induce them to make improvements, town lots were given to them by town associations in this Territory. They held no property of any other kind or description. They imposed no condition upon their emigrants, and did not inquire into their political, religious, or social opinions. The total amount expended by them, including the salaries of their agents and officers, and the expenses incident to all organizations, was less than $100,000.

Their purposes, so far as your Committee can ascertain, were lawful, and contributed to supply those wants most experienced in the settlement of a new country.

son.

trict, on the 29th of November, 1854, I had been a resident of
"Prior to the election in Burr-Oak precinct, in the XIVth Dis-
Missouri, and I then determined, if I found it necessary, to be-
come a resident of Kansas Territory. On the day previous to
that election, I settled up my board at my boarding-house, in
St. Joseph's, Missouri, and went over to the Territory, and
took boarding with Mr. Bryant, near whose house the polls
were held the next day, for one month, so that I might have it in
dent of the Territory on the day of election
my power, by merely determining to do so, to become a resi-

.

.

"When my name was proposed as a Judge of Election, ob jections were made by two persons only. I then publicly informed those present, that I had a claim in the Territory; that I had taken board in the Territory for a month; and legal voter in the Territory, and that I would do so, if I and that I could, at any moment, become an actual resident concluded at any time during the day that my vote would be necessary to carry that precinct in favor of the Pro-Slavery candidate for delegate to Congress. . . . I did not during the day consider it necessary to become a resident of the Territory for the purpose mentioned, and did not vote nor offer to vote at that election. "I held the office of City-Attorney for St. Joseph's at that time, and had held it for two or three years previously, and continued to hold it until this spring. I voted at an election in St. Joseph's, in the spring of 1855, and was reappointed City-Attorney. The question of Slavery was put in in every election in this Territory. Gen. Whitfield was reissue at the election of November, 1854, to the same extent as bag-garded as the Pro-Slavery candidate for the Pro-Slavery party. I regarded the question of Slavery as the primarily prominent issue at that election, and, so far as I know, all parties agreed in making that question the issue of that election. "It is my intention, and the intention of a great many other is to be determined upon by the people of this Territory in the Missourians now resident in Missouri, whenever the Slavery issue adoption of the State Constitution, to remove to this Territory in time to acquire the right to become legal voters upon that question. The leading purpose of our intended removal to the Territory is to determine the domestic institutions of this Territo y, when it comes to be a State, and we would not come only for that pu pose, and there are a geat many in Missouri who are so situated." would never think of coming here but for that purpose I believe

The only persons or company who emigrated into the Territory under the auspices of the Emigrant Aid Society in 1855, prior to the election in March, was a party of 159 persons, who came under the charge of Charles RobinIn this party, there were 67 women and children. They came as actual settlers, intending to make their homes in the Territory, and for no other purpose. They had about their persons but little baggage; usually sufficient clothing in a carpet-sack for a short time. Their personal effects, such as clothing, furniture, etc., were put into trunks and boxes; and for convenience in selecting, and cheapness in transporting, was marked "Kansas party gage, care B. Slater, St. Louis." Generally, this was consigned as freight, in the usual way, to the care of a commission merchant. This party had, in addition to the usual allowance of one hundred pounds to each passenger, a large quantity of baggage on which the respective owners paid the usual extra freight. Each passenger or party paid his or their own expenses; and the only benefit they derived from the Society, not shared by all the people of the Territory, was the reduction of about $7 in the price of the fare, the convenience of traveling in a company instead of alone, and the cheapness and facility of transporting their freight through regular agents. Subsequently, many emigrants, being either disappointed with the country or its political condition, or deceived by the statements made by the newspapers and by the agents of the Society, became dissatisfied, and returned, both before and after the election, to their old homes. Most of them are now settlers in the Territory. Some few voted at the election in Lawrence, but the number was small. The names of these emigrants have been ascertained, and of them were found upon the poll-books. This company of peaceful emigrants, moving with their household goods, was distorted into an invading horde of pauper Abolitionists, who were, with others of a similar character, to control the domestic institutions of the Territory, and then overturn those of a neighboring powerful State.

The invasion of March 30th left both parties in a state of excitement, tending directly to produce violence. The successful party was lawless and reckless while assuming the name of the "Law and Order" party. The other party, at first surprised and confounded, was greatly irritated, and some resolved to prevent the success of the invasion. In some districts, as before stated, protests were sent to the Governor; in others, this was prevented by threats; in others, by the want of time, only four days being allowed by the proclamation for this purpose; and in others, by the belief that a new election would bring a new invasion. About the same time, all classes of men commenced bearing deadly weapons about the person, a practice which has continued to this time. Under these In regard to the second charge: There is no proof that circumstances, a slight or accidental quarrel produced any man was either hired or induced to come into the unusual violence, and lawless acts became frequent. This Territory from any Free State, merely to vote. The en- evil condition of the public mind was further increased by tire emigration in March, 1855, is estimated at 500 persons, acts of violence in Western Missouri, where, in April, a including men, women, and children. They came on newspaper press, called The Parksville Luminay, was steamboats up the Missouri River, in the ordinary course destroyed by a mob. of emigration. Many returned for causes similar to those before stated; but the body of them are now residents. The only persons of those who were connected by proof with the election, were some who voted at the Big Blue Precinct in the Xth District, and at Pawnee, in the IXth District. Their purpose and character are stated in a former part of this report.

The third charge is entirely groundless. The organic law requires the Governor to cause an enumeration of the inhabitants and legal voters to be made; and that he apportion the members of the Council and House, according to this enumeration. For reasons stated by persons engaged in taking the census, it was not completed until the early part of March, 1855. At that time, the day of holding the election had not been, and could not have been, named by the Governor. So soon as practicable after the returns were brought in, he issued his proclamation for an election, and named the earliest day, consistent with due notice, as the day of election. The day on which the election was to be held was a matter of conjecture all over the country; but it was generally known that it would be in the latter part of March. The precise day was not known by any one until the proclamation issued. It was not known to the agents of the Emigrant Aid Society in Boston on the 18th of March, 1855, when the party of emigrants before referred to, left.

Your Committee are satisfied that these charges were made the mere pretext to induce an armed invasion into

About the same time, Malcolm Clark assaulted Cole McCrea at a squatter meeting in Leavenworth, and was shot by McCrea in alleged self-defense.

On the 17th day of May, William Phillips, a lawyer of Leavenworth, was first notified to leave; and upon his refusal, was forcibly seized, taken across the river, and carried several miles into Missouri, and then tarred and feathered, and one side of his head shaved, and other gross indignities put upon his person.

Previous to this outrage, a public meeting was held, at which resolutions were unanimously passed, looking to unlawful violence, and grossly intolerant in their character. The right of free speech upon the subject of Slavery was characterized as a disturbance of the peace and quiet of the community, and as "circulating incendiary sentiments." They say "to the peculiar friends of northern fanatics," "Go home and do your treason where you may find sympathy." Among other resolves is the following:

"Resolved, That the institution of Slavery is known and recognized in this Territory; and we repel the doctrine that it is a moral and political evil, and we hurl back with scorn upon its slanderous authors the charge of inhumanity; and we warn and sow the seeds of discord between the master and the serall persons not to come to our peaceful firesides to slander us, vant; for, as much as we deprecate the necessity to which we may be driven, we cannot be responsible for the consequences."

A Committee of Vigilance of 80 men was appointed "to obse72 and report all such persons as shall by

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the expression of abolition sentiments, produce disturb- of the new council were to be elected. The new legisla ance to the quiet of the citizens, or danger to their domes-ture is required to meet on the first Monday in January, tic relations; and all such persons so offending shall be 1858. Thus, by the terms of these "laws," the people notified, and made to leave the Territory." have no control whatever over either the legislature, the The meeting was "ably and eloquently addressed by executive, or the judicial departments of the Territorial Judge Lecompte, Colonel J. N. Burns of Western Missouri, government until a time before which, by the natural proand others." Thus the head of the judiciary in the Terri-gress of population, the Territorial government will be sutory not only assisted at a public and bitterly partisan perseded by a State government. meeting, whose direct tendency was to produce violence and disorder, but, before any law is passed in the Territory, he prejudges the character of the domestic institutions which the people of the Territory were, by their organic law, "left perfectly free to form and regulate in their own way."

On this committee were several of those who held certificates of election as members of the legislature; some of the others were then and still are residents of Missouri; | and many of the committee have since been appointed to the leading offices in the Territory, one of which is the sheriffalty of the county. Their first act was that of mobbing Phillips.

Subsequently, on the 25th of May, A.D. 1855, a public meeting was held, at which R. R. Rees, a member elect of the council, presided. The following resolutions, offered by Judge Payne, a member elect of the house, were unanimously adopted:

"Resolved, That we heartily indorse the action of the committee of citizens that shaved, tarred and feathered, rode on a rail, and had sold by a negro, William Phillips, the moral perjurer.

"Resolved, That we return our thanks to the committee for

faithfully performing the trust enjoined upon them by the Pro

Slavery party.

"Resolved, That the committee be now discharged. "Resolved, That we severely condemn those Pro-Slavery men who, from mercenary motives, are calling upon the ProSlavery party to submit without further action. "Resolved, That in order to secure peace and harmony to the community, we now solemnly declare that the ProSlavery party will stand firmly by and carry out the resolutions reported by the committee appointed for that purpose on the memorable 30th."

The act of moral perjury here referred to is the swearing by Phillips to a truthful protest in regard to the election of March 30, in the XVIth District.

The members receiving their certificates of the Governor as members of the General Assembly of the Territory, met at Pawnee, the place appointed by the Governor, on the 2d of July, A.D. 1855. Their proceedings are stated in three printed books, herewith submitted, entitled respectively, "The Statutes of the Territory of Kansas," "The Journal of the Council of the Territory of Kansas," and "The Journal of the House of Representatives of the Territory of Kansas."

Your Committee do not regard their enactments as valid laws. A legislature thus imposed upon a people cannot affect their political rights. Such an attempt to do so, if successful, is virtually an overthrow of the organic law, and reduces the people of the Territory to the condition of vassals to a neighboring State. To avoid the evils of anarchy, no armed or organized resistance to them should be made, but the citizens should appeal to the ballot-box at public elections, to the federal judiciary, and to Congress, for relief. Such, from the proof, would have been the course of the people, but for the nature of these enactments and the manner in which they are enforced. Their character and their execution have been so intimately connected with one branch of this investigation-that relating to "violent and tumultuous proceedings in the Territory "-that we were compelled to examine them.

The "laws" in the statute-books are general and special; the latter are strictly of a local character, relating to bridges, roads, and the like. The great body of the general laws are exact transcripts from the Missouri code. To make them in some cases conform to the organic act, separate acts were passed, defining the meaning of words. Thus the word "State" is to be understood as meaning "Territory;" the words " County Court" shall be construed to mean the board of commissioners transacting county business, or the Probate Court, according to the intent thereof. The words "Circuit Court" to mean "District Court."

The material differences in the Missouri and Kansas statutes are upon the following subjects: The qualifications of voters and of members of the legislative assembly; the official oath of all officers, attorneys, and voters; the mode of selecting officers and their qualifications; the slave code, and the qualifications of jurors.

Upon these subjects, the provisions of the Missouri code are such as are usual in many of the States. But by the "Kansas Statutes " every office in the Territory, executive and judicial, was to be appointed by the legislature, or by some officer appointed by it. These appointments were not merely to meet a temporary exigency, but were to hold over two regular elections, and until after the general election in October, 1857, at which the members

No session of the legislature is to be held during 1856, but the members of the House are to be elected in October of that year. A candidate, to be eligible at this election, must swear to support the fugitive slave law; and each judge of election, and each voter, if challenged, must take the same oath. The same oath is required of every officer elected or appointed in the Territory, and of every attor ney admitted to practice in the courts.

A portion of the militia is required to muster on the day of election. "Every free white male citizen of the United States, and every free male Indian who is made a citizen by treaty or otherwise, and over the age of twenty-one years, and who shall be an inhabitant of the Territory and of the county and district in which he offers to vote, and shall have paid a Territorial tax, shall be a qualified elector for all elective offices." Two classes of persons were thus excluded, who, by the organic act, were allowed to vote, viz. those who would not swear to the oath required, and those of foreign birth who had declared on oath their intention to become citizens. Any man of proper age who was in the Territory on the day of election, and who had paid one dollar as a tax to the sheriff, who was required to be at the polls to receive it, could vote as an "inhabitant," although he had breakfasted in Missouri, and intended to return there for supper. There can be no doubt that this unusual and unconstitutional

provision was inserted to prevent a full and fair expression of the popular will in the election of members of the house, or to control it by non-residents.

All jurors are required to be selected by the sheriff, and " no person who is conscientiously opposed to the holding of slaves, or who does not admit the right to hold slaves in the Territory, shall be a juror in any cause" affecting the right to hold slaves, or relating to slave property.

The Slave Code, and every provision relating to slaves, are of a character intolerant and unusual even for that class of legislation. The character and conduct of the men appointed to hold office in the Territory contributed very much to produce the events which followed. Thus Samuel J. Jones was appointed sheriff of the county of Douglas, which included within it the Ist and IId Election Districts. He had made himself peculiarly obnoxious to the settlers by his conduct on the 80th of March in the IId District, and by his burning the cabins of Joseph Oakley and Samuel Smith.

An election for delegate to Congress, to be held on the 1st day of October, 1855, was provided for, with the same rules and regulations as were applied to other elections. The Free-State men took no part in this election, having made arrangements for holding an election on the 9th of the same month. The citizens of Missouri attended at the election of the 1st of October, some paying the dollar tax, and others not being required to pay it. They were present and voted at the voting places of Atchison and Doniphan, in Atchison County; at Greene Springs, Johnson County; at Willow Springs, Franklin, and Lecompton, in Douglas County; at Fort Scott, Bourbon County; at Baptiste Paola, Lykins County, where some Indians voted, some whites paying the $1 tax for them; at Leavenworth City, and at Kickapoo City, Leavenworth County; at the latter place, under the lead of Gen. B. F. Stringfellow and Col. Lewis Barnes of Missouri. From two of the election precints at which it was alleged there was illegal voting -viz., Delaware and Wyandotte-your Committee failed to obtain the attendance of witnesses. Your Committee did not deem it necessary, in regard to this election, to enter into details, as it was manifest that, from there being but one candidate-Gen. Whitfieldhe must have received a majority of the votes cast. This election, therefore, depends not on the number or character of the votes received, but upon the validity of the laws under which it was held. Sufficient testimony was taken to show that the voting of citizens of Missouri was practiced at this election, as at all former elections in the Territory. The following table will exhibit the result of the testimony as regards the number of legal and illegal votes at this election. The county of Marshall embraces the same territory as was included in the XIth District; and the reasons before stated indicate that the great majority of the votes then cast were either illegal or fictitious. In the counties to which our examination extended, there were illegal votes cast as near as the proof will enable us to determine.

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While these enactments of the alleged legislative assembly were being made, a movement was instituted to form a State government, and apply for admission into the Union as a State. The first step taken by the people of the Territory, in consequence of the invasion of March 80, 1855, was the circulation or signature of a graphic and truthful memorial to Congress. Your Committee find that every allegation in this memorial has been sustained by the testimony. No 'urther step was taken, as it was hoped that some action by the General Government would protect them in their rghts. When the alleged legislative assembly proceeded o construct the series of enactments referred to, the setlers were of opinion that submission to them would resultin depriving them of the rights secured to them by the oganic law. Their political condition was freely discussed in the Territory during the summer of 1855. Several meetings were held in reference to holding a convenion to form a State government, and to apply for admision into the Union as a State. Public opinion graduallysettled in favor of such an application to the Congress to meet in December, 1855. The first general meeting as held in Lawrence on the 15th of August, 1855.

The following preamble and resolutions were then passed:

"Whereas, The people of Karas have been, since its settlement, and now are, withoutany law-making power, therefore be it

"Resolved, That we, the people cKansas Territory, in mass meeting assembled, irrespective party distinctions, influenced by common necessity, and gratly desirous of promoting the common good, do hereby call un and request all bona fide citizens of Kansas Territory, of whever political views or predilections, to consult together in thir respective Election Districts and in mass convention or oth wise, elect three delegates for each representative to which dd Election District is entitled in the House of Representativ of the Legislative Assembly, by proclamation of Govern Reeder, of date 19th of March, 1855; said delegates to assable in convention, at the town of Topeka, on the 19th day oSeptember, 1855, then and there to consider and determine un all subjects of public interest, and particularly upon tk having reference to the speedy formation of a State Consution, with an intention of an immediate application to bedmitted as a State into the Union of the United States of Amica."

Other meetings were held inarious parts of the Territory, which indorsed the actioof the Lawrence meeting,

and delegates were selected in compliance with its recommendations.

They met at Topeka, on the 19th day of September, 1855. By their resolutions, they provided for the appointment of an Executive Committee, to consist of seven persons, who were required to "keep a record of their proceedings, and shall have a general superintendence of the affairs of the Territory so far as regards the organization of the State Government." They were required to take steps for an election to be held on the second Tuesday of the October following, under regulations imposed by that Committee, "for members of a Convention to form a Constitution, adopt a Bill of Rights for the people of Kansas, and take all needful measures for organizing a State Government, preparatory to the admission of Kansas into the Union as a State." The rules prescribed were such as usually govern elections in most of the States of the Union, and in most respects were similar to those contained in the proclamation of Gov. Reeder for the election of March 30, 1855.

The Executive Committee appointed by that Convention accepted their appointment, and entered upon the discharge of their duties by issuing a proclamation addressed to the legal voters of Kansas, requesting them to meet at their several precincts, at the time and places named in the proclamation, then and there to cast their ballots for members of a Constitutional Convention, to meet at Topeka on the 4th Tuesday of October then next.

The proclamation designated the places of elections, appointed judges, recited the qualifications of voters and the apportionment of members of the Convention.

After this proclamation was issued, public meetings were held in every district in the Territory, and in nearly every precinct. The State movement was a general topic of discussion throughout the Territory, and there was but little opposition exhibited to it. Elections were held at the time and places designated, and the returns were sent to the Executive Committee.

The result of the election was proclaimed by the Execu tive Committee, and the members elect were required to meet on the 23d day of October, 1855, at Topeka. In pursuance of this proclamation and direction, the Constitutional Convention met at the time and place appointed, and formed a State Constitution. A memorial

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to Congress was also prepared, praying for the admission of Kansas into the Union under that Constitution. The Convention also provided that the question of the adoption of the Constitution and other questions be submitted to the people, and required the Executive Committee to take the necessary steps for that purpose.

Accordingly, an election was held for that purpose on the 15th day of December, 1855, in compliance with the proclamation issued by the Executive Committee. The returns of this election were made by the Executive Com. mittee, and an abstract of them is contained in the following table:

ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE
STATE CONSTITUTION, DEC. 15, 1855.

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N. B.-Poll-Book at Leavenworth was destroyed. The Executive Committee then issued a proclamation reciting the results of the election of the 15th of December, and at the same time provided for an election to be held on the 15th day of January, 1856, for State officers and members of the General Assembly of the State of Kansas. An election was accordingly held in the several election-precincts, the returns of which were sent to the Executive Committee.

The result of this election was announced by a proclamation by the Executive Committee.

In accordance with the Constitution thus adopted, the members of the State Legislature and most of the State officers met on the day and at the place designated by the State Constitution, and took the oath therein prescribed.

After electing United States Senators, passing some preliminary laws, and appointing a Cod.fying Committee and preparing a Memorial to Congress, the General Assembly adjourned to meet on the 4th day of July, 1856.

The laws passed were all conditional upon the admission of Kansas as a State into the Union. These proceedings were regular, and, in the opinion of your Committee, the Constitution thus adopted fairly expresses the will of the majority of the settlers. They now await the action of Congress upon their memorial. These elections, whether they were conducted in pursuance of law or not, were not illegal.

of Congress, or they are regarded as the mere expression of popular will, and Congress should refuse to grant the prayer of the memorial, that cannot affect their legality. The right of the people to assemble and express their political opinion in any form, whether by means of an election or a conventior, is secured to them by the Constitution of the United States. Even if the elections are to be regarded as the act of a party, whether political or otherwise, they were proper, in accordance with examples, both in States and Territories.

The elections, however, were preceded and followed by acts of violence on the part of those who opposed them, and those persons who approved and sustained the invasion from Missouri were peculiarly hostile to these peaceful movements preliminary to the organization of a State government. Instances of this violence will be referred to hereafter.

To provide for the election of delegates to Congress, and at the same time do it in such a manner as to obtain the judgment of the House of Representatives upon the validity of the alleged legislative assembly sitting at Shawnee Mission, a convention was held at Big Springs on the 5th and 6th days of September, 1855. This was a party convention, and a party calling itself the FreeState party was then organized. It was in no way con. nected with the State movement, except that the election of a delegate to Congress was fixed by it on the same day as the election of members of a constitutional con

Whether the result of them is sanctioned by the actionvention, instead of the day prescribed by the alleged

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