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clerks shall have power to administer the oath or affirmation to each other; and the said judges shall open said election at 10 o'clock a.m., at the place designated in each precinct by the executive committee of Kansas Territory, and close the same at 4 o'clock p. m. In case any of the officers appointed fail to attend, the officer or officers in attendance shall supply their places. And the said judges shall make out duplicate returns of said election; seal up and transmit one copy of the same within five days to the chairman of the executive committee to be laid before the convention, and they shall within ten days seal up and hand the other to the time of holding said election it shall be inconvenient on account of Indian hostilities, or any other cause whatever, that would disturb or prevent the voters of any election-precinct in the Territory from the free and peaceable exercise of the elective franchise, the officers are hereby authorized to adjourn said election into any other precinct in the Territory, and to any other day they may see proper, of the necessity of which they shall be the exclusive judges, at which time and place the qualified voters may cast their

some member of the said executive committtee. If at

votes.

QUALIFICATION OF VOTERS, ETC.

in forming a law for themselves; but it is not now necessary to consider that matter, as it is to be hoped that Congress will not leave them to such a necessity.

Thus far, this effort of the people for redress is peaceful, constitutional, and right. Whether it will succeed, rests with Congress to determine; but clear it is that it should not be met and denounced as revolutionary, rebellious, insurrectionary, or unlawful, nor does it call for or justify the exercise of any force by any department of this government to check or control it.

It now becomes proper to inquire what should be done by Congress; for we are informed by the President, in substance, that he has no power to correct a usurpation, and that the laws, even though made by usurped authority, must be by him enforced and executed, even with military force. The measures of redress should be applied to the true cause of the difficulty. This obviously lies in the repeal of the clause for freedom in the act of 1820, and therefore the true remedy lies in the entire repeal of the act of 1854, which effected it. Let this be done with frankness and magnanimity, and Kansas be organized anew, as a Free Territory, and all will be put right.

"All white male inhabitants, citizens of the United States, or who have declared their intentions, before the proper authorities, to become such, above the age of twenty-one years, who have had a bona fide residence in the Territory for the space of thirty days immediately preceding the day of the said election, But, if Congress insist on proceeding with the shall be entitled to vote for delegates to said conven- experiment, then declare all the action by this tion; and all white male inhabitants, citizens of the spurious, foreign legislative assembly utterly inUnited States, above the age of twenty-one years, who have had a bona fide residence in the Territory of Kan-operative and void, and direct a reorganization, sas for the space of three months immediately pre- providing proper safeguard for legal voting and ceding the day of election, shall be eligible as aele- against foreign force. gates to said convention.

APPORTIONMENT.

"The apportionment of delegates to said convention shall be as follows: Two delegates for each representative to which the people were entitled in the legislative assembly, by proclamation of Governor Reeder

of date March 10. 1855.

"It is confidently believed that the people of Kansas are fully alive to the importance of the step they are about to take in disenthralling themselves from the slavery which is now fettering them; and the squat ters of Kunsus are earnestly requested to be at their several polls on the day above designated. See that there be no illegal votes cast, and that every ballot received be in accordance with your choice for delegate to the constitutional convention, and have all the regulations and restrictions carried out.

The plan proposed in the proclamation, to govern you in the election, has been adopted after mature deliberation, and, if adhered to by you, will result in establishing in Kansas an independent government that State, securing to our people the liberty they have heretofore enjoyed, and which has been so ruthlessly wrested from them by reckless invaders.

will be admitted into our beloved Union as a sovereign

By order of the executive committee of Kansas Territory, "J. H. LANE, Chairman.

There is, however, another way to put an end to all this trouble there, and in the nation, without retracing steps or continuing violence, or by force compelling obedience to tyrannical laws made by foreign force; and that is, by admitting that Territory as a State, with her free constitu tion. True, indeed, her numbers are not such as gives her a right to demand admission, being, as the President informs us, probably only about twenty-five thousand. The Constitution fixes no number as necessary, and the importance of now settling this question may well justify Congress in admitting this as a State, at this time, especially as we have good reason to believe that, if admitted as a State, and controversy ended, it will immediately fill up with a numerous and successful population.

At any rate, it seems impossible to believe that Congress is to leave that people without redress, to have enforced upon them by the army of the nation these measures and laws of violence and oppression. Are they to be dragooned into submission? Is that an experiment pleasant to execute on our own free people?

The true character of this transaction is matter of extensive notoriety. Its essential features are "J. K. GOODIN, Secretary." too obvious to allow of any successful disguise Delegates were elected agreeably to the pro- or palliation, however complicated or ingenious clamation so issued, and they met at Topeka on may be the statements, or however special the the fourth Tuesday in October, 1855, and formed pleadings, for that purpose. The case requires a constitution, which was submitted to the peo- some quieting, kind, and prudent treatment by ple, and was ratified by them by vote in the dis- the hand of Congress to do justice and satisfy the tricts. An election of State officers and members nation. The people of this country are peacefulof the State legislature has been had, and a reply relying on Congress to provide the competent resentative to Congress elected, and it is intended to proceed to the election of senators, with the view to present the same, with the constitution, to Congress for admission into the Union.

Whatever views individuals may at times, or in meetings, have expressed, and whatever ultimate determination may have been entertained in the result of being spurned by Congress, and refused redress, is now entirely immaterial. That cannot condemn or give character to the proceedings thus far pursued.

Many may have honestly believed usurpation could make no law, and that if Congress made no further provisions they were well justified

measures of redress which they have the undoubted power to administer.

The Attorney-General, in the case of Arkansas, says: "Congress may at pleasure repeal or modify the laws passed by the territorial legislature, and may at any time abrogate and remodel the legislature itself, and all the other departments of the territorial government."

Treating this grievance in Kansas with ingenious excuses, with neglect or contempt, or riding over the oppressed with an army, and dragooning them into submission, will make no satisfactory termination. Party success may at times be temporarily secured by adroit devices, plausible

pretenses, and partisan address; but the permanent preservation of this Union can be maintained only by frankness and integrity. Justice may be denied where it ought to be granted; power may perpetuate that vassalage which violence and usurpation have produced; the subjugation of white freemen may be necessary, that African Slavery may succeed; but such a course must not be expected to produce peace and satisfaction in our country, so long as the people retain any proper sentiment of justice, liberty, and law.

J. COLLAMER.

It is not possible, within the limits prescribed for this volume, to give a full account of the debates and proceedings in the present Congress with relation to Kansas. Suffice it that, on the 19th of March, the House was brought to a vote on the proposition of the Committee of Elections, to empower said Committee to send to Kansas for persons and papers, modified, on motion of Mr. Dunn of Indiana, with the assent of said Committee, so as to read as follows:

or shall refuse to attend on said Committee, and to give evidence, when summoned for that purpose, or shall refuse to produce any paper, book, public record, or proceeding, in their possession or control, to said Committee, when so required, or shall make any disturbance where said Committee is [are] holding their sittings, said Committee may, if they see fit, cause any such person to be arrested by said assistant sergeant-at-arms, and brought before this House, to be dealt with as for contempt.

"Resolved further, That, for the purpose of defraying the expenses of said Commission, there be, and hereby is, appropriated the sum of ten thousand dollars, to be paid out of the contingent

fund of this House.

"Resolved further, That the President of the United States be, and is hereby, requested to furnish to said Committee, should they be met with any serious opposition by bodies of lawless such aid from any military force as may at the men in the discharge of their duties aforesaid, time be convenient to them, as may be necessary to remove such opposition, and enable said Committee, without molestation, to proceed with their

labors.

"Resolved further, That when said Committee shall have completed said investigation, they report all the evidence so collected to this House."

This proposition the House adopted-Yeas 101; Nays 93-as follows:

YEAS-For the proposed Investigation: MAINE-Samuel P. Benson, Ebenezer Knowl. ton, Israel Washburn, Jr.-3.

NEW-HAMPSHIRE-Aaron H. Cragin, James

Pike-2.

MASSACHUSETTS-James Buffinton, Anson Burlingame, Calvin C. Chaffee, Linus B. Comins, William S. Damrell, Timothy Davis, Robert B. Hall, Chauncey L. Knapp, Mark Trafton

"Resolved, That a Committee of three of the members of this House, to be appointed by the Speaker, shall proceed to inquire into and collect evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud or force attempted or practiced in reference to any of the elections which have taken place in said Territory, either under the law organizing said Territory, or under any pretended law which may be alleged to have taken effect there since. That they shall fully investigate and take proof of all violent and tumultuous proceedings in said Territory, at any time since the passage of the Kansas-Nebraska act, whether engaged in by the residents of said Territory, or by any person-9. or persons from elsewhere going into said Territory, and doing, or encouraging others to do, any act of violence or public disturbance against the laws of the United States, or the rights, peace, and safety of the residents of said Territory; and, for that purpose, said Committee shall have full power to send for, and examine, and take copies of, all such papers, public records, and proceedings, as in their judgment will be useful in the premises; and also, to send for persons and examine them on oath, or affirmation, as to matters within their knowledge, touching the matters of said investigation; and said Committee, by their Chairman, shall have power to administer all necessary oaths or affirmations connected with their aforesaid duties.

"Resolved further, That said Committee may hold their investigations at such places and times as to them may seem advisable, and that they have leave of absence from the duties of this House until they shall have completed such investigation. That they be authorized to employ one or more clerks, and one or more assistant sergeants-at-arms, to aid them in their investigation; and may administer to them an oath, or affirmation, faithfully to perform the duties assigned to them, respectively, and to keep secret all matters which may come to their knowledge touching such investigation, as said Committee may direct, until the Report of the same shall be submitted to this House; and said Committee may discharge any such clerk, or assistant sergeant-at-arms, for neglect of duty or disregard of instructions in the premises, and employ others under like regulations.

"Resolved further, That if any person shall, in any manner, obstruet or hinder said Committee, or attempt to do so, in their said investigation

RHODE ISLAND-Nathaniel B. Durfee-1. CONNECTICUT-Ezra Clark, Jr., Sidney Dean, William W. Welch, John Woodruff-4. VERMONT-James Meacham, Justin S. Mor

rill-2.

NEW-YORK-Henry Bennett, Bayard Clarke, Samuel Dickson, Edward Dodd, Francis S. Edwards, Thomas T. Flagler, William A. Gilbert, Amos P. Granger, Solomon G. Haven, Thomas R. Horton, Jonas A. Hughston, William H. Kelsey, Rufus H. King, Orsamus B. Matteson, Andrew Z. McCarty, Killian Miller, Edwin B. Morgan, Ambrose S. Murray, Andrew Oliver, John M. Parker, Benjamin Pringle, Russell Sage, George A. Simmons, Francis E. Spinner, James S. T. Stranalan, Abram Wakeman26.

NEW-JERSEY-Isaiah D. Clawson, James Bishop, George R. Robbins-3.

PENNSYLVANIA-John Allison, DAVID BARCLAY, Samuel C. Bradshaw, James H. Campbell, John Covode, John Dick, John R. Edie, Galusha A. Grow, JOHN HICKMAN, Jonathan Knight, David Ritchie, Anthony E. Roberts, Job R. Tyson, Lemuel Todd-14.

OHIO--Edward Ball, Philemon Bliss, Lewis D. Campbell, Timothy C. Day, Jonas R. Emrie, Samuel Galloway, Joshua R. Giddings, Aaron Harlan, John Scott Harrison, Valentine B. Horton, Benjamin F. Leiter, Oscar F. Moore, Richard Mott, Matthias H. Nichols, William R. Sapp, John Sherman, Edward Wade, Cooper K. Watson-18.

INDIANA-Lucien Barbour, Samuel Brenton, Schuyler Colfax, William Cumback, George G. Dunn, Daniel Mace, John U. Pettit, Harvey D. Scott-8.

ILLINOIS-James Knox, Jesse O. Norton,

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NAYS-Against the Investigation:

MAINE-Thomas J. D. Fuller-1.

OTHER NEW-ENGLAND STATES-None.
NEW-YORK-John Kelly, William W. Valk,
John Wheeler, Thomas R. Whitney-4.
NEW-JERSEY-George Vail-1.

PENNSYLVANIA-John Cadwalader, Thomas B.
Florence, J. Glancy Jones-3.

OHIO-None. WISCONSIN-None.

of Missouri, were appointed the Committee of Investigation thereby required.

These gentlemen proceeded to Kansas, and spent several weeks there in taking testimony as to the elections, etc., which had taken place in that Territory. The testimony thus taken forms a volume of nearly twelve hundred large and closely-printed pages, the substance of which was summed up on their return by the majority (Messrs. Howard and Sherman), in the following

REPORT ON THE OUTRAGES IN
KANSAS.

A journal of proceedings, including sundry communications made to and by the Committee INDIANA-William H. English, Smith Miller The testimony also is herewith submitted; a was kept, a copy of which is herewith submitted.

2.

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IOWA-None.

Total from Free States, 17.

DELAWARE-None.

MARYLAND-Thomas F. Bowie, Henry W. Davis, Henry W. Hoffman, J. Morrison Harris, James B. Ricaud, James A. Stewart-6. VIRGINIA-Thomas S. Bocock, John S. Carlisle, John S. Caskie, Henry A. Edmundson, Charles J. Faulkner, William O. Goode, Zedekiah Kidwell, John Letcher, Fayette McMullen, John S. Millson, Paulus Powell, William Smith

copy of it has been made and arranged, not according to the order in which it was taken, but so tive history of events in the Territory, from its as to present, as clearly as possible, a consecuorganization to the 19th day of March, A. D. 1856.

Your Committee deem it their duty to state, as briefly as possible, the principal facts proven before them. When the act to organize the Territory of Kansas was passed on day of May, 1854,, the greater portion of its eastern border was included in Indian reservations not open for settlement, and there were but few white settlers in any portion of the Territory. Its Indian population was rapidly decreasing, while many emigrants from different parts of our country were anxiously waiting the extinction of the Indian title, and the establishment of a Territorial Government, to seek new homes in its fertile praiNORTH CAROLINA-Louis O'B. Branch, Thom-ries. It cannot be doubted that if its condition as L. Clingman, Burton Craige, Robert T. Paine, Thomas Ruffin, Warren Winslow--6. SOUTH CAROLINA-William Aiken, William W. Boyce, Preston S. Brooks, John McQueen, James L. Orr-5.

-12.

GEORGIA-Howell Cobb, Martin J. Crawford, John H. Lumpkin, James L. Seward, Alex. H. Stephens, Robert P. Trippe, Hiram Warner

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-7.

MISSISSIPPI-Hendley S. Bennett, William A.
Lake, John A. Quitman-3.

LOUISIANA Thos. G. Davidson, George Eus-
tis, Jr., John M. Sandidge, Miles Taylor-4.
FLORIDA-Augustus E. Maxwell-1.
TEXAS-Peter H. Bell, Lemuel D. Evans-2.
KENTUCKY-Henry C. Burnett, John P.
Campbell, Leander M. Cox, John M. Elliot,
Alex. K. Marshall, Humphrey Marshall, Samuel
F. Swope, Albert G. Talbott, William L. Under-
wood-9.

TENNESSEE-George W. Jones, Charles Ready,
John H. Savage, Samuel A. Smith, William H.
Sneed, Albert G. Watkins, John V. Wright,

Felix K. Zollicoffer-8.

MISSOURI Samuel Caruthers, Luther M. Kennett, James J. Lindley, Mordecai Oliver, John S. Phelps, Gilchrist Porter-6.

ARKANSAS-None.

[Fillmore men in Italics; Buchanan men voting Yea in SMALL CAPITALS; Anti-Nebraska Yeas and Buchanan Nays in Roman.]

So the resolution prevailed, and Messrs. WILLIAM A. HOWARD of Michigan, JOHN SHERMAN of Ohio, and MORDECAI OLIVER

as a free Territory had been left undisturbed by Congress its settlement would have heen rapid, peaceful, and prosperous. Its climate, soil, and its easy access to the older settlements

would have made it the favored course for the tide of emigration constantly flowing to the West, and by this time it would have been admitted into the Union as a Free State, without the least sectional excitement. If so organized, none but the kindest feeling could have existed between it and the adjoining State. Their mutual interests and intercourse, instead of, as now, endangering the harmony of the Union, would have strengthened the ties of national brotherhood. The tes timony clearly shows, that before the proposition to repeal the Missouri Compromise was introduced into Congress, the people of western Missouri appeared indifferent to the prohibition of Slavery in the Territory, and neither asked nor desired its repeal.

When, however, the prohibition was removed by the action of Congress, the aspect of affairs entirely changed. The whole country was agitated, by the reopening of a controversy which conservative men in different sections hoped had been settled, in every State and Territory, by citement which has always accompanied the some law beyond the danger of repeal. The exdiscussion of the Slavery question was greatly increased, by the hope on the one hand of extending Slavery into a region from which it had been excluded by law, and on the other by a sense of wrong done by what was regarded as a dishonor of a national compact. This excitement was naturally transferred into the border counties of Missouri and the Territory as settlers favoring free or Slave institutions moved into it. A new were put upon the organic law. It was contenddifficulty soon occurred. Different constructions ed by the one party that the right to hold Slaves

in the Territory existed, and that neither the people nor the Territorial Legislature could prohibit Slavery-that that power was alone possessed by the people when they were authorized to form a State government. It was contended that the removal of the restriction_virtually established Slavery in the Territory. This claim was urged by many prominent men in western Missouri, who actively engaged in the affairs of the Territory. Every movement, of whatever character, which tended to establish free institutions, was regarded as an interference with their rights. Within a few days after the organic law passed, and as soon as its passage could be known on the border, leading citizens of Missouri crossed into the Territory, held squatter meetings and then returned to their homes. Among their resolutions are the following:

"That we will afford protection to no Abolitionist as a settler of this Territory."

"That we recognize the institution of Slavery as already existing in this Territory, and advise slaveholders to introduce their property as early as possible." Similar resolutions were passed in various parts of the Territory, and by meetings in several counties of Missouri. Thus the first effect of the repeal of the restriction against Slavery was to substitute the resolves of squatter meetings, composed almost exclusively of citizens of a single State, for the deliberate action of Congress, acquiesced in for thirty-five years.

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This unlawful interference has been continued in every important event in the history of the Territory; every election has been controlled not by the actual settlers, but by citizens of Missouri, and as a consequence every officer in the Territory, from constables to legislators, except those appointed by the President, owe their positions to non-resident voters. None have been elected by the settlers, and your Committee have been unable to find that any political power whatever, however unimportant, has been exercised by the people of the Territory.

In October, A. D. 1854, Gov. A. H. Reeder and the other officers appointed by the President arrived in the Territory. Settlers from all parts of the country were moving in in great numbers, making their claims and building their cabins. About the same time, and before any election was or could be held in the Territory, a secret politi: cal society was formed in the State of Missouri (1). It was known by different names, such as "Social Band," "Friends' Society," "Blue Lodge," ""The Sons of the South." Its members were bound together by secret oaths, and they had passwords, signs, and grips by which they were known to each other. Penalties were imposed for violating the rules and secrets of the Order. Written minutes were kept of the proceedings of the Lodges, and the different Lodges were connected together by an effective organization. It embraced great numbers of the citizens of Missouri, and was extended into other Slave States and into the Territory. Its avowed purpose was not only to extend Slavery into Kansas, but also into other Territory of the United States, and to form a union of all the friends of that institution. Its plan of operating was to organize and send men to vote at the elections in the Territory, to collect money to pay their expenses, and, if necessary, to protect them in vot ing. It also proposed to induce Pro-Slavery men to emigrate into the Territory, to aid and sustain them while there, and to elect none to office but those friendly to their views. This dangerous society was controlled by men who avowed their purpose to extend Slavery into the Territory at all hazards, and was altogether the most effective

(1) Jordan Davidson, J. C. Prince, John Scott, J. H. Stringfellow.

instrument in organizing the subsequent armed invasions and forays. In its Lodges in Missouri the affairs of Kansas were discussed, the force necessary to control the election was divided into bands, and leaders selected, means were collected, and signs and badges were agreed upon. While the great body of the actual settlers of the Territory were relying upon the rights secured to them by the organic law, and had formed no organization or combination whatever even of a party character, this conspiracy against their rights was gathering strength in a neighboring State, and would have been sufficient at their first election to have overpowered them, if they had been united to a man."

Your Committee had great difficulty in elicit ing the proof of the details in regard to this secret society. One witness, member of the legislative council, refused to answer questions in reference to it (2). Another declined to answer fally, because to do so would result to his injury (3). Others could or would only answer as to the general purposes of the Society, but sufficient is disclosed in the testimony to show the influence it had in controlling the elections in the Territory.

The first election was for a Delegate to Conber, 1854. The Governor divided the Territory gress. It was appointed for the 29th of Noveminto seventeen Election-Districts; appointed Judges and prescribed proper rules for the election. In the Ist, IIId, VIIIth, IXth, Xth, XIIth, have been but little if any fraudulent voting. XIIIth, and XVIIth Districts there appears to

The election in the IId District was held at the village of Douglas, nearly fifty miles from the Missouri line. On the day before the election, large companies of men came into the district in wagons and on horseback, and declared that they were from the State of Missouri, and were going to Douglas to vote. On the morning of the election they gathered around the house where the election was to be held. Two of the Judges appointed by the Governor did not appear, and then voted. In order to make a pretense of other Judges were elected by the crowd. All right to vote, some persons of the company kept a pretended register of squatter claims, on which any one could enter his name and then assert he had a claim in the Territory. A citizen of the district who was himself a candidate for Delegate to Congress, was told by one of the strangers, that he would be abused and probably killed if he challenged a vote (4). He was seized by the collar, called a d-d Abolitionist, and was compelled to seek protection in the room with the Judges. About the time the polls were closed, these strangers mounted their horses and got into their wagons and cried out

A number were recognized as residents of MisAll aboard for Westport and Kansas City." souri, and among them was Samuel H. Woodson, whose names are on the poll-books, 35 were resia leading lawyer of Independence. Of those dent settlers and 226 were non-residents.

The election in the IVth District was held at

Dr. Chapman's, over 40 miles from the Missouri
State line.

taining but 47 voters in February, 1855, when
It was a thinly-settled region, con-
the census was taken. On the day before the
election, from 100 to 150 citizens of Cass and
Jackson Counties, Mo., came into this district,
declaring their purpose to vote, and that they
were bound to make Kansas a Slave State, if
they did it at the point of the sword (5). Persons
of the party on the way drove each a stake in the
ground and called it a claim-and in one case
several names were put on one stake.
ty of strangers camped all night near where the

The par

(2) W. P. Richardson. (3) 0. C. Prince. (4) John A. Wakefield. (5) Peter Bassinger.

election was to be held, and in the morning were at the election-polls and voted. One of their party got drunk, and to get rid of Dr. Chapman, a judge of the election, they sent for him to come and see a sick man, aud in his absence filled his place with another judge, who was not sworn, They did not deny or conceal that they were residents of Missouri, and many of them were recognized as such by others. They declared that they were bound to make Kansas a Slave State. They insisted upon their right to vote in the Territory if they were in it one hour. After the election they again returned to their homes in Missouri, camping over night on the way.

We find upon the poll-books 161 names; of these not over 30 resided in the Territory, 131 were non-residents (6).

name of Nolan, whom he knew to reside in Jackson County. Finally the thing was hushed up as the witness had a good many friends there from that county, and it night lead to a fight if he challenged any more votes. Both voted and he then went down to their camp. He there saw many of his old acquaintances whom he knew had voted at the election in August previous in Missouri, and who still resided in that State. By a careful comparison of the poll-lists with the census rolls, we find but 12 names on the pollbook who were voters when the census was taken three months afterwards, and we are satisfied that not more than 20 legal votes could have been polled at that election. The only residents who are known to have voted are named by the witness, and are 13 in number-thus But few settlers attended the election in the leaving 584 illegal votes cast in a remote disVth District, the District being large and the set-trict, where the settlers within many miles were tlement scattered. 82 votes were cast; of these acquainted with each other. between 20 and 30 were settlers (7), and the residue were citizens of Missouri. They passed into the Territory (8) by way of the Santa Fe road and by the residence of Dr. Westfall, who then lived on the western line of Missouri (9). Some little excitement arose at the polls as to the legality of their voting, but they did vote for Gen. Whitfield, and said they intended to make Kansas a Slave State-and that they had claims in the Territory. Judge Teazle, judge of the Court in Jackson County, Missouri, was present, but did not vote (9). He said he did not intend to vote, but came to see that others voted. After the election, the Missourians returned the way they came.

The election in the VIth District was held at Fort Scott, in the southeast part of the Territory and near the Missouri line. A party of about one hundred men, from Cass and the counties in Missouri south of it, went into the Territory, traveling about 45 miles, most of them with their wagons and tents, and camping out. They appeared at the place of election. Some attempts were made to swear them, but two of the Judges were prevailed upon not to do so, and none were sworn, and as many as chose voted. There were but few resident voters at the polls. The settlement was sparse-about 25 actual settlers voted out of 105 votes cast, leaving 80 illegal votes (10). After the voting was over the Missourians went to their wagons and commenced leaving for home.

The most shameless fraud practiced upon the rights of the settlers at this election was in the VIIth District. It is a remote settlement about 75 miles from the Missouri line, and contained in February, A. D. 1855, three months afterwards, when the census was taken, but 53 voters; and yet the poll-books show that 604 votes were cast. The election was held at the house of Frey McGee, at a place called "110." But few of the actual settlers were present at the polls (11). A witness who formerly resided in Jackson County, Mo., and was well acquainted with the citizens of that county (12), says that he saw a great many wagons and tents at the place of election, and many individuals he knew from Jackson County. He was in their tents and conversed with some of them, and they told him they had come with the intention of voting. He went to the polls intending to vote for Flennekin, and his ticket being of a different color from the rest, his vote was challenged by Frey McGee, who had been appointed one of the Judges but did not serve. Lemuel Ralstone, a citizen of Missouri, was acting in his place. The witness then challenged the vote of a young man by the

(6) Thomas Hopkins, Rubin Hacket, Perry Fuller, John F. Lucas. (7) James W. Wilson. (8) Dr. B. C. Westfall. (9) J. W. Wilson. (10) 8. C. Prince. (11) Matthias A. Reed. (12) Wm. F. Johnstone.

The total number of white inhabitants in the XIth District in the month of February, A. D. 1855, including men, women, and children, was 36, of whom 24 were voters-yet the poll-lists in this District show that 245 votes were cast at this election. For reasons stated hereafter in regard to the election on the 30th of March, your Committee were unable to procure the attendance of witnesses from this District. From the records it clearly appears that the votes cast could not have been by lawful resident voters. The best test, in the absence of direct proof, by which to ascertain the number of legal votes cast, is by a comparison of the census-roll with the poll-book-by which it appears that but 7 resident settlers voted, and 238 votes were illegally and fraudulently given.

The election in the XIVth District was held at the house of Benjamin Harding, a few miles from the town of St. Joseph, Missouri. Before the polls were opened, a large number of citizens of Buchanan County, Missouri, and among them many of the leading citizens of St. Joseph, were at the place of voting, and made a majority of the company present. At the time appointed by the Governor for opening the polls, two of the Judges were not there, and it became the duty of the legal voters present to select other Judges. The Judge who was present (13) suggested the name of Mr. Waterson as one of the Judges-but the crowd voted down the proposition. Some discussion then arose as to the right of non-residents to vote for Judges, during which Mr. Bryant was nominated and elected by the crowd. Some one nominated Col. John Scott as the other Judge, who was then and is now a resident of St. Joseph. At that time he was the City Attorney of that place, and so continued until this Spring, but he claimed that the night before he had come to the house of Mr. Bryant, and had engaged boarding for a month, and considered himself a resident of Kansas on that ground. The Judges appointed by the Governor refused to put the nomination of Col. Scott to vote, because he was not a resident. After some discussion, Judge Leonard, a citizen of Missouri, stepped forward and put the vote himself; and Mr. Scott was declared by him as elected by the crowd, and served as a Judge of Election that day. After the election was over he returned to St. Joseph, and never since has resided in the Territory. It is manifest that this election of a non-resident lawyer as a Judge was imposed upon the settlers by the citizens of the State. When the board of Judges was thus completed, the voting proceeded, but the effect of the rule adopted by the Judges allowed many, if not a majority of the non-residents, to vote. They claimed that their presence on the ground, es

(13) Benjamin Harding.

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