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blood, and said he should like to hang us on the first tree. Cutter was very weak, and that excited him so that he became delirious. They sent for three doctors, who came. Dr. Stringfellow was one of them. They remained there with Cutter until after midnight, and then took him up to the office, as it was very cold in camp. During the foray, either George W. Clark, or Mr. Burns, murdered Thomas Barber, while the latter was on the highway on his road from Lawrence to his claim. Both fired at him, and it is impossible from the proof to tell whose shot was fatal. The details of this homicide are stated by eye-witnesses (276).

election and threatened to destroy the ballot-box and were guilty of other insolent and abusive conduct (283). After the polls were closed, many of the settlers being apprehensive of an attack, were armed in the house where the election had been held until the next morning. Late that night Stephen. Spark, with his son and nephew, started for home, his route running by the store of a Mr. Dawson, where a large party of armed men had collected. As he approached, these men demanded that he should surrender and gathered about him to enforce the demand (284). Information was carried by a man in the company of Mr. Sparks to the house where the election had been held. R. P. Brown and a company of men immediately went down to relieve Mr. Sparks, and did relieve him when he was in imminent danger (285). Mr. Sparks then started back with Mr. Brown and his party, and while on their way were fired upon by the other party. They returned the fire, and an irregular fight then ensued, in which a man by the name of Cook, of the Pro-Slavery party, received a mortal wound, and two of the Free-State party were slightly wounded.

Among the many acts of lawless violence which it has been the duty of your Committee to investigate, this invasion of Lawrence is the most defenseless. A comparison of the facts proven, with the official statements of the officers of the Government, will show how groundless were the pretexts which gave rise to it. A community in which no crime had been committed by any of its members, against none of whom had a warrant been issued or a complaint made, who had resisted no process in the hands of a 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 who, in every stage of their progress, violated many laws, and among others the Constitution of the United States (277).

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The chief guilt of it must rest on Samuel J. Jones. His character is illustrated by his language at Lecompton, where peace was made: The said Maj. Clark and Burns both claimed the credit of killing that d-d Abolitionist, and he didn't know which ought to have it. If Shannon hadn't been a d-d old fool, that peace would never have been declared. He would have wiped Lawrence out. He had men and means enough to do it" (278).

of the way, they were stopped and taken prisoners by a party of men called the Kickapoo Rangers, under the command of Capt. John W. Martin. They were disarmed and taken back to Easton, and put in Dawson's store (286). Brown was separated from the rest of his party, and taken into the office of E. S. Trotter (287). By this time several of Martin's party and some of the citizens of the place had become intoxicated, and expressed a determination to kill Brown (288). Capt. Martin was desirous, and did all in his power to save him. Several hours were spent în discovering what should be done with Brown and his party. In the mean time, without Shortly after the retreat of the forces from the knowledge of his party, Capt. Martin liberatbefore Lawrence, the election upon the adoption ed all of Brown's party but himself, 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 snatched up the ballot-box and followed hatchet by a man of the name of Gibson. 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. 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).

Then Dunn and another person struck him in the face, and he fell into the mud, the crowd rushed on him and kicked him on the head and in his sides (281). In this manner the election was broken up, Dunn and his party obtaining the ballot-box and carrying it off.

To avoid a similar outrage at the election for State officers, etc., to be held on the 15th of January, 1856, the election for Leavenworth District was appointed to be held at Easton, and the time postponed until the 17th day of January, 1856 (282). On the way to the election, persons were stopped by a party of men at a grocery, and their guns taken from them (283). During the afternoon, parties came up to the place of

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of the law. On the next Grand Jury which sat in Leavenworth County, the Sheriff summoned several of the persons inplicated in this murder (290). One of them was M. P. Rively, at that time Treasurer of the County. He has been examined as a witness before us. The reason he gives why no indictments were found is, "they killed one of the Pro-Slavery men, and the ProSlavery men killed one of the others, and I thought it was about mutual." The same Grand Jury, however, found bills of indictment against those who acted as Judges of the Free-State election. Rively says, "I know our utmost endeavors were made to find out who acted as Judges and Clerks on the 17th of January last, and at all the bogus elections held by the Abolitionists

(284) Stephen Sparks. (285) George A. Taylor, Stephen Sparks, J. H. Bird. (286) Henry J. Adams, George A. Taylor, W. P. Kirby, John H. Martin, Wiley Williams. (287) Henry J. Adams, J. W. Martin. (288) Wiley Williams, J. W Martin, H. J. Adams. (289) H. J. Adams, G. A. Taylor, J. H. Bird, Wiley Williams. (290) M. P. Rively.

Dere. We were very anxious to find them out, as we thought them acting illegally.”

Your Committee, in their examination, have found that in no case of crime or homicide, mentioned in the report or in the testimony, has any indictment been found against the guilty party, except in the homicide of Clark by McCrea, McCrea being a Free-State man.

ished for any of these crimes. While such offenses were committed with impunity the laws were used as a means of indicting men for holding elections, preliminary to framing a constitution and applying for admission into the Union as the State of Kansas. Charges of high treason were made against prominent citizens upon grounds which seem to your Committee absurd and ridiculous, and under these charges they are now held in custody and are refused the privi

in the State of Missouri while passing on their lawful business through that State, and detained until indictments could be found in the Territory.

These proceedings were followed by an offense of still greater magnitude. Under color of legal process, a company of about 700 armed men, the great body of whom your Committee are satisfied were not citizens of the Territory, marched into the town of Lawrence under Marshal Donaldson and S. J. Jones, officers claiming to act under the law, and bombarded and then burned to the ground a valuable hotel and one private house; destroyed two printingpresses and material; and then, being released by the officers, whose posse they claim to be, proceeded to sack, pillage, and rob houses, stores, trunks, etc., even to the clothing of women and children. Some of the letters thus unlawfully taken were private ones, written by the contesting Delegate, and they were offered in evidence. Your Committee did not deem that the persons holding them had any right thus to use them, and refused to be made the instruments to report private letters thus obtained.

Your Committee did not deem it within their power or duty to take testimony as to events which 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 seriously to embarrass, hinder and delay their investigations, they deem it proper here to refer to them. On their arrival in the Territory, the people were arrayed in two hostile parties. The hostility of them was continually increased during our stay in the Territory, by the arrival of armed bodies of men who, from their equipments, came not to follow the peaceful pursuits of life, but armed and organized into companies, apparently for war-by the unlawful detention of persons and property while passing through the State of Missouri, and by frequent forcible seizures of persons and property in the Territory without legal warrant. Your Committee regret that they were compelled to witness instances of each of these classes of outrages. While holding their session at Westport, Mo., at the request of the sitting Delegate, they saw several bodies of armed men, confessedly citizens of Missouri, march into the Territory on forays against its citizens, but under the pretense of enforcing the enactments before referred to. The wagons of emigrants were stopped in the highways, and searched without claim or legal powers, and in some instances all their property taken from This force was not resisted, because it was colthem. In Leavenworth City, leading citizens lected and marshaled 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 crine of any grade. There was Missourians, accompanied by the acting Deleno resistance to these lawless acts by the sentiers, 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 paspus 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 under legal process.

souri and elsewhere, who with criminal pertinacity 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, who 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 or 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 in the streets of the town of Atchison, and under circumstances of gross barbarity was tarred and cottened, and in that condition was sent to his family. All the provisions of the Constitution of the United States, securing persons and property, are utterly disregarded. The officers of the law, instead of protecting the people, were in some instances engaged in these outrages, and in no instance did we learn that any man was arrested, indicted or pun

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with a pass, signed by "Warren D. Wilkes of South Carolina." John Upton, another officer of the Committee, was subsequently stopped by a lawless force on the borders of the Territory, and after being detained and treated with great indignity was released. He also was furnished with a pass signed by two citizens of Missouri, and addressed to "Pro-Slavery men." By reason of these disturbances we were delayed in Westport, so that while in session there, our time was but partially occupied,

But the obstruction which created the most serious embarrassment to your Committee was the attempted arrest of Gov. Reeder, the contesting Delegate, upon a writ of attachment issued against him by Judge Lecompte to compel his attendance as a witness bofore the Grand Jury of Douglas County. William Fane, recently from the State of Georgia, and claiming to be the Deputy Marshal, came into the room of the Committee while Gov. Reeder was examining a witness before us, and producing the writ required GovReeder to attend him. Subsequent events have only strengthened the conviction of your Committee that this was a wanton and unlawful in

terference by the Judge who issued the writ, tending greatly to obstruct a full and fair investigation. Gov. Reeder and Gen. Whitfield alone were fully possessed of that local information which would enable us to elicit the whole truth, and it was obvious to every one that any event which would separate either of them from the Committee would necessarily hinder, delay, and embarrass it. Gov. Reeder claimed that, under the circumstances in which he was placed, he was privileged from arrest except for treason, felony, or breach of the peace. As this was a question of privilege, proper for the Courts, or for the privileged person alone to determine on his peril, 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 to get the custody of his person, and fearing, as he alleged, that he would be assassinated by lawless bands of men then gathering in and near Lecompton. He then left the Territory.

Subsequently H. Miles Moore, an attorney in

Leavenworth City, but for several years a citizen of Weston, Mo., kindly furnished the Committee information as to the residence of persons voting at the elections, and in some cases examined witnesses before us. He was arrested on the streets of that town by an armed band of about thirty men, headed by W. D. Wilkes, without any color of authority, confined, with other citizens, under a military guard for twentyfour hours, and then notified to leave the Terri tory. His testimony was regarded as important, and upon his sworn statement that it would endanger his person to give it openly, the majority of your Committee deem it proper to examine him ex parte and did so.

By reason of these occurrences, the contestant, and the party with and for whom he acted, were unrepresented before us during a greater portion of the time, and your Committee were required to ascertain the truth in the best manner they

seat, was not held in pursuance of law, and that it should be regarded only as the expression of the choice of the resident citizens who voted for him.

Sixth That Andrew H. Reeder received a greater number of votes of resident citizens than John W. Whitfield, for Delegate.

:

Seventh That in the present condition of the Territory a fair election cannot be held without a new census, a stringent and well-guarded election law, the selection of impartial Judges, and the presence of United States troops at every place of election.

Eighth: That the various elections held by the people of the Territory preliminary to the formation of the State Government have been as regular as the disturbed condition of the Territory would allow; and that the Constitution passed by the Convention, held in pursuance of said elections, embodies the will of a majority of the people.

As it is not the province of your Committee to suggest remedies for the existing troubles in the Territory of Kansas, they content themselves with the foregoing statement of facts. All of which is respectfully submitted.

WM. A. HOWARD,
JOHN SHERMAN.

The Free-State Constitution framed at Topeka for Kansas, by the Convention called by the Free-State party, (as set forth in the foregoing documents,) was in due season submitted to Congress-Messrs. Andrew H. Reeder (the Free-State Territorial delegate) and James H. Lane having been chosen by the first Free-State Legislature Senators of the United States, and Mr. M. W. Delahay elected Representative in the House, by the Free-State men of Kansas. Of course, these were not entitled to their seats until the aforesaid instrument (known as "the Topeka Constitution") should be accepted by Congress, and the State thereupon admitted into the Union. This Constitution, being formally presented in either House, was received and referred to their respective Committees on Territories; but the accompanying Memorial from the Free-State Legislature, setting forth the grounds of the application, and praying for admission as a State, was, after having been received by the Senate, reconsidered, rejected, and returned to Col. Lane, on the allegation that material changes had been made in it since it left Kansas. The Senate, in like manner, rejected repeated motions to accept the Constitution, and thereupon admit Kansas as a Free Statethere never being more than Messrs. Hamlin and Fessenden of Maine, Hale and Bell of New-Hampshire, Collamer and Foot of Vermont, Sumner and Wilson of Mass., Foster of Connecticut, Seward and Fish of New 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.

could.

Your Committee report the following facts and conclusions as established by the testimony: First: That each election in the Territory, held under the organic or alleged Territorial law, has been carried by organized invasions from the State of Missouri, by which the people of the Territory have been prevented from exercising the rights secured to them by the organic law.

Second: That the alleged Territorial Legislature was an illegally-constituted body, and had no powerto pass valid laws, and their enactments are, therefore, null and void.

Third: That these alleged laws have not, as a general thing, been used to protect persons and property and to punish wrong, but for unlawful

purposes.

Fifth. That the clection under which the contesting Delegate, Andrew H. Reeder, claims his

same time.

In the House-the aforesaid Constitution and Memorial having been submitted to the

Committee on Territories, its Chairman, Mr. Grow of Penna., from a majority of said Committee, reported in favor of the admission of Kansas under such Constitution, as a Free State; and after debate the Previous Question thereon was ordered (June 28th) by a vote of 98 Ayes to 63 Noes. Previous to this, however, Mr. Stephens of Georgia had proposed, as an amendment or substitute, a radically different bill, contemplating the appointment by the President and Senate of five Commissioners, who should repair to Kansas, take a census of the inhabitants and legal voters, and thereupon proceed to apportion, during the month of September, 1856, the delegates (52) to form a constitutional convention, to be elected by the legal voters aforesaid; said delegates to be chosen on the day of the Presidential election (Tues-J. Morrison Harris, Sampson W. Harris, Hickday, Nov. 4th, 1856), and to assemble in convention on the first Monday in December, 1856, to form a State Constitution. The bill proposed, also, penalties for illegal voting

at said election.

To this substitute-bill, Mr. Dunn of Indiana proposed the following amendment, to come in at the end as an additional section: SEC. 18. And be it further enacted, That so much of the fourteenth section and of the thirtysecond section of the act passed at the first session of the Thirty-Third Congress, commonly called the Kansas and Nebraska act, as reads as follows: "Except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any State or Territory, or to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March, 1820, either protecting, establishing, prohibiting, or abolishing slavery,' be, and the same is thereby, repealed, provided that any person or persons lawfully held to service within either of the Territories named in said act shall be discharged from such service, if they shall not be removed and kept out of said Territories within twelve months from the pas

sage of this act.

Mr. Dunn's amendment to the Stephens amendment or substitute, was carried: Yeas 109; Nays 102—as follows :

YEAS-Messrs. Albright, Allison, Ball, Barbour, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, Broom, Buffinton, Burlingame, James H. Campbell, Lewis D. Campbell, Bayard Clarke, Ezra Clark, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damrell, Timothy Davis, Dean, De Witt, Dick, Dickson, Dodd, Dunn, Durfee, Edie, Edwards, Emrie, Flagler, Galloway, Gid dings, Gilbert, Granger, Grow, Robert B. Hall, Harlan, Harrison, Haven, Holloway, Thomas R. Horton, Valentine B. Horton, Howard, Hugh

ston, Kelsey, King, Knapp, Knight, Knowlton,
Knox, Kunkel, Leiter, Mace, Matteson, Mc-
Moore, Morgan, Morrill, Murray, Andrew Oliver,
Carty, Meacham, Killian Miller, Millward,
Parker, Pearce, Pelton, Pennington, Perry,
Pettit, Pike, Pringle, Purviance, Robbins,
Roberts, Robison, Sabin, Sage, Sapp, Scott,
Sherman, Simmons, Stanton, Stranahan, Tap
pan, Thorington, Thurston, Todd, Trafton,
Wade, Wakeman, Walbridge, Waldron, Cad-
walader C. Washburne, Elihu B. Washburne,
Israel Washburn, Watson, Welch, Whitney,
Wood, Woodruff, and Woodworth-109.
NAYS-Messrs. Aiken, Allen, Barclay, Barks-
dale, Bell, Hendley S. Bennett, Bocock, Bowie,
Boyce, Branch, Brooks, Burnett, Cadwalader,
John P. Campbell, Carlile, Caruthers, Caskie,
Cobb, Cox, Craige, Crawford, Davidson, Day,
Clingman, Howell Cobb, Williamson R. W.
Denver, Dowdell, Edmundson, Elliot, English,
Eustis, Faulkner, Florence, Foster, Thomas J.
D. Fuller, Goode, Greenwood, Augustus Hall,
Jones, J.Glancy Jones, Keitt, Kelly, Kennett,
man, Hoffman, Houston, Jewett, George W.
Kidwell, Lake, Letcher, Lumpkin, Alexander
K. Marshall, Humphrey Marshall, Maxwell, Mc-
Mullin, McQueen, Smith Miller, Millson, Nichols,
Mordecai Oliver, Orr, Packer, Paine, Peck,
Phelps, Porter, Powell, Puryear, Quitman,
Ready, Ricaud, Richardson, Rivers, Ruffin,
Rust, Sandidge, Savage, Seward, Shorter, Samuel
A. Smith, William Smith, William R. Smith,
Sneed, Spinner, Stephens, Stewart, Swope, Tal-
bott, Taylor, Trippe, Underwood, Valk, Walker,
Warner, Watkins, Wheeler, Williams, Daniel
B. Wright, John V. Wright, and Zollicoffer-
102.

Mr. Stephens's substitute, as thus amend ed by its adversaries, was abandoned by its original friends, and received but two votes

those of Messrs. Geo. G. Dunn of Indiana

and John Scott Harrison of Ohio-Nays 210.

Mr. Dunn had previously moved a reference of the bill to the Committee of the Whole on the state of the Union. This was now defeated: Yeas 101; Nays 109.

Mr. Jones of Tenn. now moved that the bill do lie on the table, which was defeated Yeas 106; Nays 107 (Barclay of Penn. Dunn of Ind., Haven and Williams of N. Y. - Yeas; Bayard Clarke of New-York, Hickman and Millward of Pa., Moore of Ohio, and Scott of Ind.-Nays; Scott Harrison of Ohio not voting, Wells of Wisc. absent). The House now refused to adjourn by 106 to 102; and, after a long struggle, the final question was reached, and the bill rejected: Yeas, 106; Nays 107-as follows:

YEAS-Messrs. Albright, Allison, Ball, Barbour, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, Buffinton, Burlingame, J. H. Campbell, Lewis D. Campbell, Bayard Clarke, Ezra Clark, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damrell, Timothy Davis, Day, Dean, De Witt, Dick, Dickson, Dodd, Durfee, Edie, Edwards, Emrie, Flagler, Galloway, Giddings, Gilbert, Granger, Grow, Robert B. Hall, Harlan, Hickman, Holloway, Thomas R. Horton, Valentine B. Horton, Howard, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Kunkel, Leiter, Matteson, McCarty, Meacham, Killian Miller, Millward, Moore, Morgan, Morrill, Murray,

Nichols, Andrew Oliver, Parker, Pearce, Pelton,
Pennington, Perry, Pettit, Pike, Purviance,
Robbins, Roberts, Robison, Sabin, Sage, Sapp,
Scott, Sherman, Simmons, Spinner, Stanton,
Stranahan, Tappan, Thorington, Thurston, Todd,
Trafton, Wade, Wakeman, Walbridge, Waldron,
Cadwalader C. Washburne, Elihu B. Wash-
burne, Israel Washburn, Watson, Welch, Wood,
Woodruff, and Woodworth-106.

Comins, Covode, Cragin, Cumback, Damrell,
Timothy Davis, Day, Dean, De Witt, Dick,
Dickson, Dodd, Durfee, Edie, Edwards, Emrie,
Flagler, Galloway, Giddings, Gilbert, Granger,
Grow, Robert B. Hall, Harlan, Hickman, Hollo
way, Thomas R. Horton, Valentine B. Horton,
Howard, Hughston, Kelsey, King, Knapp,
Knight, Knowlton, Knox, Kunkel, Leiter, Matte-
son, McCarty, Meacham, Killian Miller, Millward,
Morgan, Morrill, Mott, Murray, Nichols, Andrew
Oliver, Parker, Pearce, Pelton, Perry, Pike,
Pringle, Purviance, Robbins, Roberts, Robison,
Sabin, Sage, Sapp, Scott, Sherman, Spinner,
Stranahan, Tappan, Thorington, Thurston, Todd,
Trafton, Wade, Wakeman, Walbridge, Waldron,
Cadwalader C. Washburne, Elihu B. Wash
burne, Israel Washburn, Welch, Woodruff, and

Woodworth-99.

NAYS-Messrs. Aiken, Allen, Barclay, Barksdale, Bell, Hendley S. Bennet, Bocock, Bowie, Boyce, Branch, Brooks, Broom, Burnett, Cad walader, John P. Campbell, Carlile, Caruthers, Caskie, Howell Cobb, Williamson R. W. Cobb, Cox, Craige, Crawford, Cullen, Davidson, Den ver, Dowdell, Dunn, Edmundson, Elliot, Englishi, Etheridge, Eustis, Evans, Faulkner, Florence, Foster, Thomas J. D. Fuller, Goode, Greenwood, Augustus Hall, J. Morrison Harris, Samp Hendley S. Bennett, Bocock, Bowie, Branch, NAYS-Messrs. Aiken, Allen, Barksdale, Bell, son W. Harris, Harrison, Haven, Herbert, Hoffman, Houston, Jewett, George W. Jones, J. Brooks, Broom, Burnett, Cadwalader, Caruthers, Glancy Jones, Keitt, Kelly, Kennett, Kidwell, Caskie, Clingman, Howell Cobb, Williamson R. Lake, Letcher, Lindley, Lumpkin, Alexander K. W. Cobb, Cox, Craige, Crawford, Cullen, Henry Marshall, Humphrey Marshall, Samuel S. Mar- Winter Davis, Denver, Dowdell, Dunn, Edshall, Maxwell, McMullin, McQueen, Smith Mil-mundson, English, Etheridge, Eustis, Evans, ler, Millson, Mordecai Oliver, Orr, Packer, D. Fuller, Goode, Greenwood, Augustus Hall, J Faulkner, Florence, Henry M. Fuller, Thos. J Paine, Peck, Phelps, Porter, Powell, Puryear, Morrison' Harris, Sampson W. Harris, Thomas Quitman, Ready, Ricaud, Rivers, Ruffin, Rust, L. Harris, Harrison, Haven, Houston, Jewett, Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, George W. Jones, J. Glancy Jones, Kelly, KenStephens, Stewart, Swope, Talbott, Taylor, Trippe, nett, Kidwell, Lake, Lindley, Lumpkin, Alex Underwood, Valk, Walker, Warner, Watkins, muel S. Marshall, McMullin, McQueen, Smith ander K. Marshall, Humphrey Marshall, Sa Wheeler, Whitney, Williams, Daniel B. Wright, Miller, Milson, Mordecai Oliver, Orr, Packer, John V. Wright, and Zollicoffer-107. Peck, Phelps, Porter, Powell, Puryear, Ready, Ricaud, Rivers, Ruffin, Rust, Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William art, Swope, Taylor, Trippe, Underwood, Valk, Smith, William R. Smith, Sneed, Stephens, StewWalker, Warner, Watkins, Wheeler, Whitney, Williams, Winslow, Daniel B. Wright, John V Wright, and Zollicoffer-97.

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So the bill was lost.

Mr. Goode of Virginia now sought to move a reconsideration, and to have that motion laid on the table; but was cut off by a motion to adjourn already pending, which prevailed.

July 1st.—Mr. Barclay (Dem.) of Pa. rose to a privileged motion. He moved a reconsideration of the preceding vote, by which the Free-Kansas bill had been rejected. A stormy debate ensued, in the midst of which Mr. Howard of Mich. rose to a question of higher privilege (as affecting the right of a member [delegate] to his seat) and submitted the Report of the Kansas Investigating Committee (already given). The Speaker sustained the motion, and the House sustained the Speaker. The Report was thereupon presented and read, consuming a full day.

July 3rd. The question of reconsidering the vote defeating the Free-Kansas bill was again reached. Mr. Houston of Ala. moved that it do lie on the table: Defeated: Yeas 97; Nays 102. The main question was then ordered: Yeas 101; Nays 98; and the reconsideration carried: Yeas 101; Nays 99. The previous question on the passage of the bill was now ordered: Yeas 99; Nays 96; a motion by Mr. McQueen of S.C. to lay the bill on the table was defeated: Yeas 97; Nays 100; and then the bill was finally passed: Yeas 99; Nays 97, as follows:

YEAS-Messrs. Albright, Allison, Ball, Barbour, Barclay, Henry Bennett, Benson, Billinghurst, Bingham, Bliss, Bradshaw, Brenton, Buffinton, James H. Campbell, Lewis D. Campbell, Bayard Clarke, Ezra Clark, Clawson, Colfax,

Mr. Grow of Pa. moved the reconsideration of this vote, and that the motion to reconsider do lie on the table, which was permitted, without further division.

The following is the Free-Kansas or Topeka Constitution aforesaid:

CONSTITUTION

OF THE STATE OF KANSAS.

PREAMBLE:

WE, the People of the Territory of Kansas, by our delegates in Convention assembled at Topeka, on the 23d day of October, A. D. 1855, and eightieth year, having the right of admission into of the Independence of the United States the the Union as one of the United States of America, consistent with the Federal Constitution and by virtue of the treaty of cession by France to the United States of the Province of Louisiana, in the enjoyment of all the rights of life, liberty and order to secure to ourselves and our posterity property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independeat State, by the name follows, to wit: Beginning at a point on the and style of the STATE OF KANSAS, bounded as and style of the STATE OF KANSAS, bounded as western boundary of the State of Missouri where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern bonndary of New-Mexico; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the eastern boundary of the Territory of Utah on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel

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