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The result of this election was announced III Brownsville..
24 by a proclamation by the Executive Commit.
81 In accordance with the Constitution thus
7 adopted, the members of the State Legislature
54 and most of the State officers met on the day V
33 and at the place designated by the State Con.
16 stitution, and took the oath therein prescribed.
Stanton...--------After electing United States Senators, passing
74 some preliminary laws, and appointing a Codi.
58 fying Committee and preparing a Memorial to
Big Sugar Creek....
28 Congress, the General Assembly adjourned to
Little Sugar Creek.
41 VI Scott Town --------...
27 meet on the 4th day of July, 1856.
20 The laws passed were all conditional upon the
12 admission of Kansas as a State into the Union. VII
Council City.. These proceedings were regular, and, in the opin
26 ion of your Cuinmittee, the constitution thus
A. J. Baker....
16 IX Pawnee
76 adopted fairly expresses the will of the majority of the settlers. They now await the action of
X Big Blue.........
77 Rock Creek
30 Congress upon their memorial.
XI Black Vormilion.
14 These elections, whether they were
18 ducted in pursuance of law or not, were not
XIII Pleasant Hill.
43 Whether the result of them is sanctioned by
45 the action of Congress, or they are regarded as
XIV Burr Oak.. the mere expression of a popular will, and Con.
43 gress should refuse to grant the prayer of the
32 memorial, that cannot affect their legality. The XV
32 right of the people to assemble and express their
38 political opinion in any form, whether by means
38 of an election or a convention, is secured to them
503 by the Constitution of the United States. Even
38 if the elections are to be regarded as the act of a
63 party, whether political or otherwise, they were
48 proper, in accordance with examples, both in XVII
7 States and Territories.
13 The elections, however, were preceded and
XVIII Iowa Point...
40 followed by acts of violence on the part of those who opposed them, and those persons who ap:
2827 proved and sustained the invasion from Missouri The resolutions passed by this convention inwere peculiarly hostile to these peaceful move. dicate the state of feeling which existed in the ments preliminary to the organization of a State Territory in consequence of the invasion from government. Instances of this violence will be Missouri, and the enactments of the alleged le. referred to hereafter.
gislative Assembly. The language of some of To provide for the election of delegates to the resolutions is violent, and can only be justiCongress, and at the same time do it in such a fied either in consequence of the attempt to enmanner as to obtain the judgment of the House force the grossest acts of tyranny, or for the purof Representatives upon the validity of the al pose of guarding against a similar invasion in leged legislative assembly sitting at Shawnee future. Mission, a convention was held at Big Springs
In the fall of 1855, there sprang out of the exon the 5th and 6th days of September, 1855. isting discords and excitement in the Territory, This was a party convention, and a party calling two secret Free State societies (265). They were itself the Free-Štate party was then organized. defensive in their character, and were designed It was in no way connected with the State move. to form a protection to their members against ment, except that the election of a delegate to unlawful acts of violence and assault. One of Congress was fixed by it on the same day as the the societies was purely of a local character, and election of members of a constitutional conven. was confined to the town of Lawrence. Very tion, instead of the day prescribed by the al. shortly after its organization it produced its deleged legislative assembly. Andrew H. Reeder sired effect, and then went out of use and ceased was put in nomination as territorial delegate to to exist (266). Both societies were cumbersome, Congress, and an election was provided for un and of no utility except to give confidence to the der the regulations prescribed for the election of Free-State men, and enable them to know and March 30, 1855, excepting as to the appointment aid each other in contemplated danger. So far of officers, and the persons to whom the returns as the evidence shows, they led to no act of vioof the elections should be made. The election lence in resistance to either real or alleged laws was held in accordance with these regulations, (267). an abstract of the returns of which is contained On the 21st day of November, 1855, F. M. in the following table :
Coleman, a Pro-Siavery man, and Charles W.
Dow, a Free-State man, had a dispute about the ABSTRACT OF THE ELECTION OF A. H.
division line between their respective claims. REEDER.
Several hours afterward, as Dow was passing from a blacksmith's shop toward his claim, and by the cabin of Coleman, the latter sbot Dow
with a double-barreled gun loaded with slugs. VOTING PLACES.
Dow was unarmed. He fell across the road and died immediately. This was about 1 o'clock
P. M. His dead body was allowed to lie where I Lawrenco.-.-.-.
it fell until after sundown, when it was conveyed Blanton
77 by Jacob Branson to his house, at which Dow Palmyra ......
16 II Bloomington
(265) Pat. Laughlin, Francis. (268) G. P. Lowry, A. Benicia.....................--
27 H. Reeder. (267) Lowry, Reeder and M. F. Conway.
boarded. The testimony in regard to this homi. , revenge before I see Missouri.” A person precide is voluminous (268), and shows clearly that sent, who was examined as a witness (271), com. it was a deliberate murder by Coleman, and that plained publicly that the dispatch was not sent Harrison Bulkely and a Mr. Hargous were ac- to the governor; and within half an hour one cessories to it. The excitement caused by it was was sent to the governor by Jones, through Harvery great among all classes of the settlers. On gous. Within a few days, large numbers of men the 26th, a large meeting of citizens was held at from the State of Missouri gathered and encampthe place were the murder was committed, and ed on the Wakerusa. They brought with them resolutions passed that Coleman should be all the equipments of war. To obtain them, a brought to justice. In the mean time Coleman party of men under the direction of Judge T. V. had gone to Missouri, and then to Gov. Shannon Thompson broke into the United States arsenal at Shawnee Mission, in Johnson County. He and armory at Liberty, Missouri, and after a was there taken into custody by S. I. Jones, then forcible detention of Captain Leonard (then in acting as Sheriff. No warrant was issued or charge) (272), they took the cannon, muskets, examination had. On the day of the meeting at rifles, powder, harness, and indeed all the mateHickory Point, Harrison Bradley procured a peace rials and munitions of war they desired, some of warrant against Jacob Branson, which was placed which have never been returned or accounted in the hands of Jones. That same evening, for. after Branson had gone to bed, Jones came to The chief hostility of this military foray was his cabin with a party of about 25 persons, against the town of Lawrence, and this was among whom were Hargous and Buckley-burst especially the case with the officers of the law. open the door, and saw Branson in bed. 'He then Your Committee can see in the testimony no drew his pistol, cocked it, and presented it to reason, excuse, or palliation for this feelingUp Branson's breast, and said, “You are my prison: to this time no warrant or proclamation of any er, and if you move I will blow you through." kind had been in the hands of any officer against The others cocked their guns and gathered any citizen of Lawrence (273). No arrest had round him, and took him prisoner. They all been attempted, and no writ resisted in that mounted and went to Buckley's house. After a town. The rescue of Branson sprang out of a time they went on a circuitous route towards murder committed thirteen miles from Lawrence, Blanton's Bridge, stopping to “drink" on the in a detached settlement, and neither the town way. As they approached the bridge, there nor its citizens extended any protection to Branwere 13 in the party, several having stopped. son's rescuers (274). On the contrary, two or Jones rode up to the prisoner and, among other three days after the rescue, S. N. Wood, who things, told him that he had “heard there were claimed publicly to be one of the rescuing party, 100 men at your house to day," and "that he re- wished to be arrested for the purpose of testing gretted they were not there, and that they were the territorial laws, and walked up to Sheriff cheated out of their sport' (269). In the mean Jones and shook hands with him, and exchanged time, the alarm had been given in the neighbor- other courtesies. He could have been arrested hood of Branson's arrest, and several of the set without any difficulty, and it was his design, tlers, among whom were some who had attended when he went to Mr. Jones, to be arrested, but the meeting at Hickory Point that day, gathered no attempt was made to do so (275). together. They were greatly excited; the al- It is obvious that the only cause of this hostili. leged injustice of such an arrest of a quiet set. ty is the known desire of the citizens of Law. tler, under a peace warrant by “Sheriff Jones," rence to make Kansas a Free State, and their aided by two men believed to be accessory to a repugnance to laws imposed upon them by non. murder, and who were allowed to be at large, residents. exasperated them, and they proceeded as rapidly Your Committee do not propose to detail the as possible by a nearer route than that taken by incidents connected with this foray. FortuJones, and stopped vear the house of J. S. Ab- nately for the peace of the country, a direct con. bott, one of them. They were on foot as Jones's Alict between the opposing forces was avoided party approached on a canter. The rescuers by an amicable arrangement. The losses sussuddenly formed across the road in front of Jones tained by the settlers in property taken and time and his party. Jones halted, and asked, “What’s and money expended in their own defense, addup?" The reply was, “ That's what we want to ed much to the trials incident to a new settleknow. What's up?" "Branson said, “They have ment. Many persons were unlawfully taken got me a prisoner.” Some one in the rescuing and detained—in some cases, under circum. party told him to come over to their side. He stances of gross cruelty. This was especially so did so, and dismounted, and the mule he rode in the arrest and treatment of Dr G. A. Cutter was driven over to Jones's party; Jones then and G. F. Warren. They were taken, without left (270). Of the persons engaged in this rescue, cause or warrant, 60 miles from Lawrence, and three were from Lawrence, and had attended when Dr. Cutter was quite sick. They were the meeting. Your Committee have deemed it compelled to go to the camp at Lawrence, were proper to detail the particulars of this rescue, as put into the custody of “Sheriff Jones, who it was made the groundwork of what is known had no process to arrest them--they were taken as the Wakerusa War. On the same night of into a small room kept as a liquor shop, which the rescue the cabins of Coleman and Buckley was open and very cold. That night Jones were burned, but by whom, is left in doubt by came in with others, and went to
*** playing the testimony.
poker at twenty-five cents ante.” The prisonOn the morning of the rescue of Branson, ers were obliged to sit up all night, as there Jones was at the village of Franklin, near Law. was no room to lie down, when the men were rence. The rescue was spoken of in the presence playing. Jones insulted them frequently, and of Jones, and more conversation passed between told one of them be must either “ tell or swing." two others in his presence, as to whether it was The guard then objected to this treatment of most proper to send for assistance to Col. Boone prisoners, and Jones desisted. G. F. Warren in Missouri, or to Gov. Shannon. Jones wrote a thus describes their subsequent conduct: dispatch and handed it to a messenger. As soon They then carried us down to their camp; as he started, Jones said: “That man is taking Kelly of The Squatter Sovereign, who lives in my dispatch to Missouri, and by G-d I'll have Atchison, came round and said he thirsted for
(268) Wm, and Nicholas McKinney, D. T. Jones and wife, Thomas Brown, F. M. Coleman and others. (269) Jacob Braneon. (270) Jacob Branson.
(271) L. A. Prattier. (272) Luther Leonard. (273) William Shannon, Chas. Robinson, (274) G. P. Lowry and Charles Robinson. (275) Chas. Robinson.
blood, and said he should like to hang us on the election and threatened to destroy the ballot-box first tree. Cutter was very weak, and that ex. and were guilty of other insolent and abusive cited him so that he became delirious. They conduct (283). After the polls were closed, sent for three doctors, who came. Dr. String many of the settlers being apprehensive of an fellow was one of them. They remained there attack, were armed in the house where the elecwith Cutter until after midnight, and then took tion had been held until the next morning. Late him up to the office, as it was very cold in camp. that night Stephen Spark, with his son and
During the foray, either George W. Clark, or nephew, started for home, his route running by Mr. Burns, murdered Thomas Barber, while the the store of a Mr. Dawson, where a large party latter was on the highway on his road from Law of armed men had collected. As be approached, rence to his claim. Both fired at him, and it is these men demanded that he should surrender, impossible from the proof to tell whose shot was and gathered about him to enforce the demand fatal. The details of this homicide are stated (284). Information was carried by a man in the by eye-witnesses (276).
company of Mr. Sparks to the house where the Among the many acts of lawless violence election had been held. R. P. Brown and a comwhich it has been the duty of your Committee pany of men immediately went down to relieve to investigate, this invasion of Lawrence is the Mr. Sparks, and did relieve him when he was in most defenseless. A comparison of the facts imminent danger (285). Mr. Sparks then started proven, with the official statements of the offi- back with Mr. Brown and his party, and while cers of the Government, will show how ground on their way were fired upon by the other party. less were the pretexts which gave rise to it. A They returned the fire, and an irregular fight community in which no crime had been commit- then ensued, in which a man by the name of ted by any of its members, against none of whom Cook, of the Pro-Slavery party, received a morhad a warrant been issued or a complaint made, tal wound, and two of the Free State party were who had resisted no process in the hands of a slightly wounded. real or pretended officer, was threatened with Mr. Brown, with seven others who had accomdestruction in the name of “law and order," and panied him from Leavenworth, started on their that, too, by men who marched from a neigh- return home. When they had proceeded a part boring State with arms obtained by force, and of the way, they were stopped and taken prison. who, in every stage of their progress, violated ers by a party of men called the Kickapoo Ranmany laws, and among others the Constitution gers, under the command of Capt. John W. of the United States (277).
Martin. They were disarmed and taken back to The chief guilt of it must rest on Samuel J. Easton, and put in Dawson's store (286). Brown Jones. His character is illustrated by his lan- was separated from the rest of his party, and guage at Lecompton, where peace was made; taken into the office of E. S. Trotter (287). By
The said Maj. Clark and Burns both claimed this time several of Martin's party and some of the credit of killing that d-d Abolitionist, and the citizens of the place had become intoxicated, he didn't know which ought to have it. If and expressed a determination to kill Brown Shannon hadn't been a d-d old fool, that peace (288). Capt. Martin was desirous, and did all would never have been declared. He would in his power to save bim. Several hours were have wiped Lawrence out. He had men and spent in discovering what should be done with means enough to do it” (278).
Brown and his party. In the mean time, without Shortly after the retreat of the forces from the knowledge of his party, Capt. Martin liberat. before Lawrence, the election upon the adoption ed all of Brown's party but bímself, and aided of the State Constitution was held at Leaven- them in their escape (289). The crowd repeatedworth City, on the 15th of December, 1855. ly tried to get in the room where Brown was, While it was proceeding quietly, about' noon, and at one time succeeded, but were put out by Charles Dunn, with a party of others, smashed Martin and others. Martin, finding that further in the window of the building in which the elec. effort on his part to save Brown was useless, left tion was being held, and then jumped into the and went home. The crowd then got possession room where the Judges of election were sitting, of Brown, and finally butchered him in cold blood. and drove them off (279). One of the clerks of The wound of which he died was inflicted with a election anatched up the ballot-box and followed hatchet by a man of the name of Gibson. After the Judges, throwing the box behind the counter he had been mortally wounded, Brown was sent of an adjoining room through which he passed on home with Charles Dunn, and died that night. his way out. As he got to the street door, Dunn No attempt was made to arrest or punish the caught him by the throat, and pushed him up murderers of Brown. Many of them were wellagainst the outside of the building, and demand known citizens, and some of them were officers ed the ballot-box (280).
of the law. On the next Grand Jury which sat Then Dunn and another person struck him in in Leavenworth County, the Sheriff summoned the face, and he fell into the mud, the crowd several of the persons inplicated in this murder rushed on him and kicked him on the head and (290). One of them was M. P. Rively, at that in his sides (281). In this manner the election time Treasurer of the County. He has been ex. was broken up, Dunn and his party obtaining amined as a witness before us. The reason he the ballot-box and carrying it off.
gives why no indictments were found is, they To avoid a similar outrage at the election for killed one of the Pro-Slavery men, and the ProState officers, etc., to be held on the 15th of Janu- Slavery men killed one of the others, and I ary, 1856, the election for Leavenworth District thought it was about mutual.” The same Grand was appointed to be held at Easton, and the Jury, however, found bills of indictment against time postponed until the 17th day of January, those who acted as Judges of the Free State elec1856 (282). On the way to the election, persons tion. Rively says, “I°know our utmost endeawere stopped by a party of men at a grocery, vors were made to find out who acted as Judges and their guns taken from them (283). During and Clerks on the 17th of January last, and at the afternoon, parties came up to the place of all the bogus elections held by the Abolitionists
(276) Robert F. Barber, Thomas W. Pierson, Jane (284) Stephen Sparks. (285) George A. Taylor, W. Colborn and others. (277) Article 4 of the Stephen Sparks, J. H. Bird. (286) Henry J. Adams, Amendments. (278) Harrisou Nichols. (279) Geo. George A. Taylor, W. P. Kirby, John H. Martin, Wiley Wetheroll. George H. Keller. (280) George Wether. Williams. (287) Henry J. Adams. J. W. Martin. (288) ell. (281) George Wetherell, George W Hallis. Wiley Williams, J. W_ Martin, H. J. Adams. (289) (282) J. C. Green, Henry J. Adams, Joseph H. Bird. H. J. Adams, G. A. Taylor, J. H. Bird, Wiley Wil. (283) Stephen Sparks.
liams. (290) M. P. Rively.
here. We were very anxious to find them out, as | ished for any of these crimes. While such we thought them acting illegally."
offenses were committed with impunity the laws Your Committee, in their examination, have were used as a means of indicting men for holdfound that in no case of crime or homicide, men- ing elections, preliminary to framing a constitutioned in the report or in the testimony, has any tion and applying for admission into the Union indictment been found against the guilty party, as the State of Kansas. Charges of high treason except in the homicide of Clark by McCrea, Mc- were made against prominent citizens upon Crea being a Free-State man.
grounds which scem to your Committee absurd Your Committee did not deem it within their and ridiculous, and under these charges they are power or duty to take testimony as to events now held in custody and are refused the priviwhich have transpired since the date of their ap: lege of bail. In several cases men were arrested pointment; but as some of the events tended in the State of Missouri while passing on their seriously to embarrass, hinder and delay their lawful business through that State, and detained investigations, they deem it proper here to refer until indictments could be found in the Terri. to them. On their arrival in the Territory, the tory. people were arrayed in two hostile parties. The These proceedings were followed by an offense hostility of them was continually increased dur- of still greater magnitude. Under color of ing our stay in the Territory, by the arrival of legal process, a company of about 700 armed armed bodies of men who, from their equipments, men, the great body of whom your Commitcame not to follow the peaceful pursuits of life, tee are satisfied were not citizens of the Territory, but armed and organized into companies, appa: marched into the town of Lawrence under Mar. rently for war-by the unlawful detention of per shal Donaldson and S. J. Jones, officers claim. sons and property while passing through the ing to act under the law, and bombarded and State of Missouri, and by frequent_forcible then burned to the ground a valuable hotel and seizures of persons and property in the Territory one private house; destroyed two printingwithout legal warrant. Your Committee regret presses and material ; and then, being released that they were compelled to witness instances of by the officers, whose posse they claim to be, each of these classes of outrages. While holding proceeded to sack, pillage, and rob houses, stores, their session at Westport, Mo., at the request of trunks, etc., even to the clothing of women and the sitting Delegate, they saw several bodies of children. Some of the letters thus unlawfully armed men, confessedly citizens of Missouri, taken were private ones, written by the contestmarch into the Territory on forays against its ing Delegate, and they were offered in evidence. citizens, but under the pretense of enforcing the Your Commiitee did not deem that the persons enactments before referred to. The wagons of holding them had any right thus to use them, emigrants were stopped in the highways, and and refused to be made the instruments to report searched without claim or legal powers, and in private letters thus obtained. some instances all their property taken from This force was not resisted, because it was colthem. In Leavenworth City, leading citizens lected and mareholed under the forms of law. were arrested at noonday in our presence, by an But this act of barbarity, unexampled in the armed force, without any claim of authority, ex- history of our Government, was followed by its cept that derived from a self-constituted com- natural consequences. All the restraints which mittee of Vigilance, many of whom were Legis- American citizens are accustomed to pay even lative and Executive officers. Some were re- to the appearance of law, were thrown off; one leased on promising to leave the Territory, and act of violence led to another ; homicides became others, after being detained for a time, were form- frequent. A party under H. C. Pate, composed ally notified to leave, under the severest penal-chiefly of citizens of Missouri, were taken prisonties. The only offense charged against them was ers by a party of settlers; and while your Comtheir political opinions, and no one was thus ar- mittee were at Westport, a company chiefly of rested for alleged criine of any grade. There was Missourians, accompanied by the acting Deleno resistance to these lawless acts by the settlers, gate, went to relieve Pate and his party, and a because, in their opinion, the persons engaged in collision was prevented by the United States them would be sustained and reinforced by the troops. Civil war has seemed impending in the citizens of the populous border counties of Mis- Territory. Nothing can prevent so great a casouri, from whence they were only separated by lamity but the presence of a large force of United the river. In one case witnessed by your Com- States troops, under a commander who will with mittee, an application for the writ of habeas cor- prudence and discretion quiet the excited pas. pus was prevented by the urgent solicitation of sions of both parties, and expel with force the Pro-Slavery men, who insisted that it would en armed bands of lawless men coming from Misdanger the life of the prisoner to be discharged souri and elsewhere, who with criminal pertinaci. under legal process.
ty infest that Territory. While we remained in the Territory, repeat- In some cases, and as to one entire election-dised acts of outrage were committed upon the trict, the condition of the country prevented the quiet, unoffending citizens, of which we received attendance of witnesses, wbo were either arrested authentic intelligence. Men were attacked on or detained while obeying our process, or deterthe highway, robbed, and subsequently im- red from so doing. The Sergeant-at-Arms who prisoned. Men were seized and searched, and served the processes upon them was himself artheir weapons of defense taken from them with rested and detained for a short time by an armed out compensation. Horses were frequently taken force, claiming to be a part of the posse of the and appropriated. Oxen were taken from the Marshal, but was allowed to proceed upon an yoke while plowing, and butchered in the pres- examination of his papers, and was furnished ence of their owners. One young man was seized with a pass, signed by «Warren D. Wilkes of in the streets of the town of Atchison, and South Carolina.” John Upton, another officer under circumstances of gross barbarity was of the Committee, was subsequently stopped by tarred and cottened, and in that condition was a lawless force on the borders of the Territory, sent to his family. All the provisions of the and after being detained and treated with great Constitution of the United States, securing per- indignity was released. He also was furnished sons and property, are utterly disregarded with
a pass signed by two citizens of Missouri, The officers of the law, instead of protecting and addressed to “ Pro-Slavery men." By reason the people, were in some instances engaged in of these disturbances we were delayed in Westthese outrages, and in no instance did we learn port, so that while in session there, our time was that any man was arrested, indicted or pun. I but partially occupied.
But the obstruction which created the most | seat, was not held in pursuance of law, and that serious embarrassment to your Committee was it should be regarded only as the expression of the attempted arrest of Gov. Reeder, the contest- the choice of the resident citizens who voted for ing Delegate, upon a writ of attachment issued him. against him by Judge Lecompte to compel his Sixth : That Andrew H. Reeder received & attendance as a witness bofore the Grand Jury of greater number of votes of resident citizens than Douglas County. William Fane, recently from the John W. Whitfield, for Delegate. State of Georgia, and claiming to be the Deputy Seventh : That in the present condition of the Marshal, came into the room of the Committee Territory a fair election cannot be held without while Gov. Reeder was examining a witness be- a new census, a stringent and well-guarded fore us, and producing the writ required Gov- election law, the selection of impartial Judges, Reeder to attend him. Subsequent events have and the presence of United States troops at every only strengthened the conviction of your Com- place of election. mittee that this was a wanton and unlawful in.
Eighth : That the various elections held by terference by the Judge who issued the writ, tend the people of the Territory preliminary to the ing greatly to obstruct a full and fair investiga formation of the State Government have been as tion. Gov. Reeder and Gen. Whitfield alone regular as the disturbed condition of the Terriwere fully possessed of that local information tory would allow; and that the Constitution which would enable us to elicit the whole truth, passed by the Convention, held in pursuance of and it was obvious to every one that any event said elections, embodies the
will of a majority of which would separate either of them from the the people. Committee would necessarily hinder, delay, and As it is not the province of your Committee embarrass it. Gov. Reeder claimed that, under to suggest remedies for the existing troubles in the circumstances in which he was placed, he the Territory of Kansas, they content themselves was privileged from arrest except for treason, with the foregoing statement of facts. felony, or breach of the peace. As this was a All of which is respectfully submitted. question of privilege, proper for the Courts, or
Wm. A. HOWARD, for the privileged person alone to determine on
JOHN SHERMAN. his peris, we declined to give him any protection or take any action in the matter. He refused to obey the writ, believing it to be a mere pretense
The Free State Constitution framed at to get the custody of his person, and fearing, as be alleged, that he would be assassinated by Topeka for Kansas, by the Convention called lawless bands of men then gathering in and near by the Free-State party, (as set forth in the Lecompton. He then left the Territory. Subsequently H. Miles Moore, an attorney in mitted to Congress—Messrs. Andrew H.
foregoing documents,) was in due season subLeavenworth City, but for several years a citizen of Weston, Mo., kindly furnished the Com- Reeder (the Free State Territorial delegate) mittee information as to the residence of persone and James H. Lane having been chosen by voting at the elections, and in some cases ex- the first Free-State Legislature Senators of amined witnesses before us. He was arrested on the United States, and Mr. M. W. Delahay the streets of that town by an armed band of about thirty men, headed by W. D. Wilkes, elected Representative in the House, by the without any color of authority, confined, with Free-State men of Kansas. Of course, these other citizens, under a military guard for twenty were not entitled to their seats until the four hours, and then notified to leave the Terri. aforesaid instrument (known as “the Topeka tory. His testimony was regarded as important: Constitution") should be accepted by Conand upon his sworn statement that it would en danger his person to give it openly, the majority gress, and the State thereupon admitted into of your Committee deem it proper to examine him the Union. This Constitution, being formex parte and did so. By reason of these occurrences, the contestant, and referred to their respective Committees
ally presented in either House, was received and the party with and for whom he acted, were unrepresented before us during a greater portion on Territories; but the accompanying Meof the time, and your Committee were required morial from the Free-State Legislature, setto ascertain the truth in the best manner they ting forth the grounds of the application, could.
Your Committee report the following facts and praying for admission as a State, was, and conclusions as established by the testimony:
after having been received by the Senate, First : That each election in the Territory, reconsidered, rejected, and returned to Col. held under the organic or alleged Territorial law, Lane, on the allegation that material changes has been carried by organized invasions from had been made in it since it left Kansas. the State of Missouri, by which the people of the Territory have been prevented from exercising The Senate, in like manner, rejected repeated the rights secured to them by the organic law. motions to accept the Constitution, and
Second : That the alleged Territorial Legisla. thereupon admit Kansas as a Free State ture was an illegally-constituted body, and had there never being more than Messrs. Hamlin no powerto pass valid laws, and their enactments and Fessenden of Maine, Hale and Bell of are, therefore, null and void.
Third: That these alleged laws have not, as New Hampshire, Collamer and Foot of Vera general thing, been used to protect persons and mont, Sumner and Wilson of Mass., Foster property and to punish wrong, but for unlawful of Connecticut, Seward and Fish of New purposes.
Fourth: That the election under which the York, Wade of Ohio, Durkee and Dodge of sitting Delegate, John W. Whitefield, holds his Wisconsin, Trumbull of Illinois, and Harlan seat, was not held in pursuance of any valid law, of Iowa, (16) Senators in favor of such adand that it should be regarded only as the ex: mission, and these never all present at the pression of the choice of those resident citizens who voted for him.
same time. Fifth. That the election under which the con
In the House—the aforesaid Constitution testing Delegate, Andrew H. Reeder, claims his and Memorial having been submitted to the