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pecially when they had a claim in the Territory, gave them a right to vote under that construction of the law they readily, when required, swore they were "residents" and then voted. By this evasion, as near as your Committee can ascertain from the testimony, as many as 50 illegal votes were cast in this District out of 153, the whole number polled.

and wagons about the town, " like a camp meeting" (18). They were in companies or messes of ten to fifteen in each, and numbered in all several hundred. They brought their own provisions and cooked it themselves, and were generally armed. Many of them were known by the witnesses, and their names given, and their names are found upon the poll-books. Among them The election in the XVth District was held at were several persons of influence where they rePenseman's, on Stranger Creek, a few miles sided in Missouri, who held, or had held, high from Weston, Missouri. On the day of the elec-official positions in that State. They claimed to tion a large number of citizens of Platte County, be residents of the Territory, from the fact that but chiefly from Weston and Platte City, came they were then present, and insisted upon the in small parties, in wagons and on horseback, to right to vote, and did vote. Their avowed purthe polls. Among them were several leading pose in doing so was to make Kansas a Slave citizens of that town, and the names of many of State. These strangers crowded around the them are given by the witnesses (14). They polls, and it was with great difficulty that the generally insisted upon their right to vote, on the settlers could get to the polls (19). One resident ground that every man having a claim in the attempted to get to the polls in the afternoon, but Territory could vote, no matter where he lived was crowded and pulled back. He then went (15). All voted who chose. No man was chal- outside of the crowd and hurrahed for Gen. lenged or sworn. Some of the residents did not Whitfield, and some of those who did not know vote. The purpose of the strangers in voting was him said, "that's a good Pro-Slavery man," and declared to be to make Kansas a Slave State lifted him up over their heads so that he crawl(16). We find by the poll-books that 306 votes ed on their heads and put in his vote. A person were cast-of these we find but 57 are on the who saw from the color of his ticket that it was census-rolls as legal voters in February follow-not for Gen. Whitfield, cried out, "He is a ing. Your Committee is satisfied from the testi- damned Abolitionist-let him down;" and they mony that not over 100 of those who voted had dropped him (20). Others were passed to the any right so to do, leaving at least 206 illegal polls in the same way, and others crowded up in the best way they could. After this mockery of an election was over, the non-residents returned to their homes in Missouri. Of the 312 votes cast, not over 150 were by legal voters.

votes cast.

The election in the XVIth District was held at Leavenworth. It was then a small village of three or four houses, located on the Delaware Reservation (17). There were but comparatively few settlers then in the district, but the number rapidly increased afterward. On the day before and on the day of the election, a great many citizens of Platte, Clay, and Ray counties crossed the river-most of them camping in tents

The following abstract exhibits the whole number of votes at this election, for each candidate ; the number of legal and illegal votes cast in each district; and the number of legal votes in each district in February following:

ABSTRACT OF CENSUS AND ELECTION OF NOV. 29, 1854.

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them voting. This may be accounted for, from I did not change the result of the election, was a the fact that the settlements were scattered over crime of great magnitude. Its immediate effect a great extent-that the term of the Delegate was to further excite the people of the Northern to be elected was short-and that the question States-induce acts of retaliation, and exaspe of Free and Slave institutions was not general-rate the actual settlers against their neighbors ly regarded by them as distinctly at issue. Un- in Missouri. der these circumstances a systematic invasion from an adjoining State, by which large numbers of illegal votes were cast in remote and sparse settlements for the avowed purpose of extend ing Slavery into the Territory, even though it

In January and February, A. D. 1855, the Governor caused an enumeration to be taken of the inhabitants and qualified voters in the Territory, an abstract of which is here given:

ABSTRACT OF CENSUS RETURNS.

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369 459

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161

II 316 203
III

199

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91

101

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IV 106

71

47

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V 824

583

442

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VI 492

318

253

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On the same day the census was completed, the Governor issued his Proclamation for an election to be held on the 30th of March, A. D. 1855, for Members of the Legislative Assembly of the Territory. It prescribed the boundaries of Districts; the places for polls; the names of Judges; the appointment of members; and recited the qualification of voters. If it had been observed, a just and fair election would have reflected the will of the people of the Territory. Before the election, false and inflammatory rumors were busily circulated among the people of Western Missouri. The number and character of the emigration then passing into the Territory were grossly exaggerated and misrepresented. Through the active exertions of many of its leading citizers, aided by the secret societies before referred to, the passions and prejudices of the people of that State were greatly excited. Several residents there have testified to the character of the reports circulated among, and credited by, the people. These efforts were successful. By an organized movement, which extended from Andrew County in the north to Jasper County in the south, and as far eastward as Boone and Cole Counties, companies of men were arranged in regular parties and sent into every CouncilDistrict in the Territory, and into every Repre sentative District but one. The numbers were so distributed as to control the election in each district. They went to vote and with the avowed design to make Kansas a Slave State. They were generally armed and equipped, carried with them their own provisions and tents, and so marched into the Territory. The details of this invasion from the mass of the testimony taken

by your Committee, are so voluminous that we can here state but the leading facts elicited.

1ST DISTRICT-MARCH 30, 1855.-LAWRENCE.

The company of persons who marched into this District, collected in Ray, Howard, Carroll, Boone, La Fayette, Randolph, Saline, and Cass Counties, in the state of Missouri. Their expenses were paid-those who could not come contributing provisions, wagons, etc. (21). Provisions were deposited, for those who were expected to come to Lawrence, in the house of William Lykins, and were distributed among the Missourians after they arrived there (22). The evening before and the morning of the day of election, about 1,000 men from the above counties arrived at Lawrence, and encamped in a ravine a short distance from town, near the place of voting. They came in wagons-of which there were over one hundred-and on horseback, under the command of Col. Samuel Young, of Boone County, Missouri, and Clayborne F. Jackson, of Missouri. They were armed with guns, rifles, pistols, and bowie-knives, and had tents, music, and flags with them (23). They brought with them two pieces of artillery (24).

(21) F. P. Vaughan, Jourdan Davidson. (22) Wm. Tates, O. W. Babcock, Dr. John Day. (23) E. D. Ladd, Norman Allen, Wm. Yates, Wm. B. Hornsby, W. Dietzler, C. W. Babcock, Lyman Allen, S. N., Wood, E. Chapman, Robert Elliott, N. W. Blanton Jourdan Davidson, Wm, Lyon. J. B. Abbott, Ira. W, Ackley, Dr. John Day, A. B. Wade, John M. Banks. H. W. Buckley. (24) E. Chapman, Jourdan Davidson.

loaded with musket-balls (25). On their way to Lawrence some of them met Mr. N. B. Blanton, who had been appointed one of the Judges of Election by Gov. Reeder, and after learning from him that he considered it his duty to demand an oath from them as to their place of residence, first attempted to bribe, and then threatened him with hanging, in order to induce him to dispense with that oath. In consequence of these threats, he did not appear at the polle the next morning to act as Judge (26).

The evening before the election, while in camp, the Missourians were called together at the tent of Captain Claiborne F. Jackson, and speeches were made to them by Col. Young and others, calling for volunteers to go to other districts where there were not Missourians enough to control the election, and there were more at Lawrence than were needed there (27). Many volunteered to go, and the morning of the elec tion, several companies, from 150 to 200 men each, went off to Tecumseh, Hickory Point, Bloomington, and other places (28). On the morning of the election, the Missourians came over to the place of voting from their camp, in bodies of one hundred at a time (29). Mr. Blanton not appearing, another Judge was appointed in his place-Col. Young claiming that, as the people of the Territory had two Judges, it was nothing more than right that the Missourians should have the other one, to look after their interests (30); and Robert E. Cummins was elected in Blanton's stead, because he considered that every man had a right to vote if he had been in the Territory but an hour (31). The Missourians brought their tickets with them, (32); but not having enough, they had three hundred more printed in Lawrence on the evening before and the day of election (33). They had white ribbons in their button-holes to distinguish themselves from the settlers (34).

When the voting commenced, the question of the legality of the vote of a Mr. Page was raised. Before it was decided, Col. Samuel Young stepped up to the window where the votes were received, and said he would settle the matter. The vote of Mr. Page was withdrawn, and Col. Young offered to vote. He refused to take the oath prescribed by the Governor, but swore he was a resident of the Territory, upon which his vote was received (35). He told Mr. Abbott, one of the Judges, when asked if he intended to make Kansas his future home, that it was none of his business; that if he were a resident then, he should ask no more (36). After his vote was received, Col. Young got up in the window-sill and announced to the crowd that he had been permitted to vote, and they could all come up and vote (37). He told the Judges that there was no use in swearing the others, as they would all swear as he had done (38). After the other Judges concluded to receive Col. Young's vote, Mr. Abbott resigned as Judge of Election, and Mr. Benjamin was elected in his place (39).

The polls were so much crowded until late in the evening, that, for a time, when the men had voted, they were obliged to get out by being hoisted up on the roof of the building where the election was being held, and pass out over the

(25) E. Chapman. (26) N. B. Blanton. (27) Norman Allen, J Davidson. (28) Norman Allen, Wm. Yates, W. B. Hornsby, C. W. Babcock, S. N. Wood, J. Davidson, A. B. Wade. (29) E. D. Ladd. (30) S. N. Wood. (31) R. A. Cummins, Norman Allen, S. N. Wood, C. S. Pratt, J. B. Abbott. (32) C. W. Babcock, Robert Elliott. (33) Robert Elliott. (34) E. W. Dietzler. (35) E. D. Ladd, Norman Allen, S. N. Wood, C. 8. Pratt, J. B. Abbott. (36) Norman Allen, J. B. Abbott. (37) E. D. Ladd, Norman Allen, S. N. Wood, C. S. Pratt, J. B. Abbott. (38) C. W. Babcock, J. B. Abbott. (39) C. W. Babcock, S. N. Wood, C. S. Pratt, J. B. Abbott.

house (40). Afterward a passage way through the crowd was made, by two lines of men being formed, through which the voters could get up to the polls (41). Col. Young asked that the old men be allowed to go up first and vote, as they were tired with the traveling, and wanted to get back to camp (42).

The Missourians sometimes came up to the polls in procession, two by two, and voted (43). During the day the Missourians drove off the ground some of the citizens, Mr. Stevens, Mr. Bond, and Mr. Willis (44). They threatened to shoot Mr. Bond, and a crowd rushed after him threatening him, and as he ran from them some shots were fired at him as he jumped off the bank of the river and made his escape (45). The citizens of the town went over in a body, late in the afternoon, when the polls had become comparatively clear, and voted (46).

Before the voting had commenced, the Missourians said, if the Judges appointed by the Governor did not receive their votes, they would choose other Judges (47). Some of them voted several times, changing their hats or coats and coming up to the window again (48). They said they intended to vote first, and after they had got through then the others could vote (49). Some of them claimed a right to vote under the organic act, from the fact that their mere presence in the Territory constituted them residents, though they were from Wisconsin, and had homes in Missouri (50). Others said they had a right to vote, because Kansas belonged to Missouri, and people from the east had no right to settle in the Territory and vote there (51). They said they came to the Territory to elect a legislature to suit themselves, as the people of the Territory and persons from the east and north wanted to elect a legislature that would not suit them (52). They said they had a right to make Kansas a Slave State, because the people of the north had sent persons out to make it a Free State (53). Some claimed that they had heard that the Emigrant Aid Society had sent men out to be at the election, and they came to offset their votes; but the most of them made no such claim. Col. Young said he wanted the citizens to vote in order to give the election some show of fairness (54). The Missourians said there would be no difficulty if the citizens did not interfere with their voting, but they were determined to votepeaceably, if they could, but vote any how (55). They said each one of them was prepared for eight rounds without loading, and would go the ninth round with the butcher knife (56). Some of them said that by voting in the Territory, they would deprive themselves of the right to vote in Missouri for twelve months afterward (57).

The Missourians began to leave the afternoon of the day of election, though some did not go home until the next morning (58).

In many cases, when a wagon-load had voted,

(40) E. D. Ladd, Norman Allen, C. W. Babcock, Lyman Allen, J. M. Banks. (41) E. D. Ladd, Norman Allen, Lyman Allen. (42) Lyman Allen, E. D. Ladd. (43) E. D. Ladd, Ira W. Ackley. (44) E. D. Ladd, C. W. Babcock, Lyman Allen, S. N. Wood, N. B. Blanton, Ladd, C. W. Babcock, Lyman Allen, S. N. Wood. N. John Dey, J. Davidson, Charles Robinson. (45) E. D.

B. Blanton, J. Davidson, Dr. John Dey. (46) E. D. Ladd, C. Robinson, A. B. Wade, J. Whitlock, J. M. Banks, H. W. Buckley. (47) G. W. Deitzler. (48) S. N. Wood, Ira W. Ackley. (49) J. Davidson. (50) E. D. Ladd. Norman Allen, Lyman Allen. (51) W. B. Hornsby, C. W. Babcock, C. Robinson. (52) Wm. Yates. Thos. Hopkins, Ira W. Ackley. (53) Lyman Allen, J. Davidson. (54) Norman Allen. (55) Norman Allen, Lyman Allen, C. W. Babcock, S. N. Wood, F. Chapman, Thos. Hopkins. (56) Jourdan Davidson. (57) J. B. Abbott. (58) E. D. Ladd, Norman Allen, Wm. Yates, W. B. Hornsby. G. W. Dietzler, C. W. Babcock, C. Robinson, E. Chapman, Lyman Allen, J. David

son,

they immediately started for home (59). On their way home they said that if Governor Reeder did not sanction the election, they would hang him (60).

The citizens of the town of Lawrence, as a general thing, were not armed on the day of election, though some had revolvers, but not exposed, as were the arms of the Missourians (61). They kept a guard about the town the night after the election, in consequence of the threats of the Missourians, in order to protect it (62). The Pro-Slavery men of the District attended the nominating Conventions of the Free-State men, and voted for, and secured the nominations of, the men they considered the most obnoxious to the Free-State party, in order to cause dissension in that party (63).

a short time, when Mr. Jones marched with the crowd up to the window, and demanded that they should be allowed to vote without swearing as to their residence (68). After some noisy and threatening talk Claiborne F. Jackson addressed the crowd, saying they had come there to vote, that they had a right to vote if they had been there but five minutes, and he was not willing to go home without voting; which was received with cheers (69). Jackson then called upon them to form into little bands of fifteen or twenty, which they did (70), and went to an ox-wagon filled with guns, which were distributed among them (71), and proceeded to load some of them on the ground (72). In pursuance of Jackson's request, they tied white tape or ribbons in their buttonholes, so as to distinguish them from the Quite a number of settlers came into the Dis-"Abolitionists" (73). They again demanded that trict before the day of election, and after the the Judges should resign, and upon their refus census was taken (64). According to the census ing to do so, smashed in the window, sash and returns, there were then in the District 369 legal all, and presented their pistols and guns to them, voters. Of those whose names are on the census threatening to shoot them (74). Some one on the returns, 177 are to be found on the poll-books of outside cried out to them not to shoot, as there the 30th of March, 1855. Messrs. Ladd, Babcock, were Pro-Slavery men in the room with the and Pratt, testify to 55 names on the poll-books Judges (75). They then put a pry under the corof persons they knew to have settled in the Dis- ner of the house, which was a log house, and trict after the census was taken and before the lifted it up a few inches and let it fall again (76), election. A number of persons came into the but desisted upon being told there were ProTerritory in March, before the election, from the Slavery men in the house. During this time the northern and eastern States, intending to settle, crowd repeatedly demanded to be allowed to vote who were in Lawrence on the day of election. without being sworn, and Mr. Ellison, one of the At that time, many of them had selected no Judges, expressed himseif willing, but the other claims, and had no fixed place of residence. two Judges refused (77); thereupon a body of Such were not entitled to vote. Many of them men, headed by "Sheriff Jones," rushed into became dissatisfied with the country. Others the Judges' room with cocked pistols and drawn were disappointed in its political condition, and bowie knives in their hands, and approached at the price and demand for labor, and returned. Burson and Ramsay (78). Jones pulled out his Whether any such voted at the election, is not watch, and said he would give them five minutes clearly shown, but from the proof, it is probable to resign in, or die (79). When the five mithat in the latter part of the day, after the great nutes had expired and the Judges did not resign, body of the Missourians had voted, some did go Jones said he would give them another minute, to the polls. The number was not over 50. These and no more (80). Ellison told his associates voted the Free-State ticket. The whole number that if they did not resign, there would be one of names appearing upon the poll-lists is 1,034. hundred shots fired in the room in less than After full examination, we are satisfied that not fifteen minutes (81); and then, snatching up the over 232 of these were legal voters, and 802 were ballot-box, ran out into the crowd, holding up non-resident and illegal voters. This District is the ballot-box and hurrahing for Missouri (82). strongly in favor of making Kansas a Free State, About that time Burson and Ramsay were called and there is no doubt that the Free-State candi- out by their friends, and not suffered to return dates for the legislature would have been elected (83). As Mr. Burson went out, he put the ballot by large majorities, if none but the actual settlers poll-books in his pocket, and took them with him had voted. At the preceding election in Novem- (84); and as he was going out, Jones snatched ber, 1854, where none but legal voters were some papers away from him (85), and shortly polled, General Whitfield, who received the full afterward came out himself holding them up, strength of the Pro-Slavery party (65), got but crying "hurrah for Missouri' (86). After he dis46 votes. covered they were not the poll-books, he took a party of men with him and started off to take the poll-books from Burson (87). Mr. Burson saw them coming, and he gave the books to Mr. Umberger, and told him to start off in another direction, so as to mislead Jones and his party (88). Jones and his party caught Mr. Umberger, took the poll-books away from him, and Jones

II. DISTRICT-BLOOMINGTON.

On the morning of election, the Judges ap pointed by the Governor appeared and opened the polls. Their names were Harrison Burson, Nathaniel Ramsay, and Mr. Ellison. The Missourians began to come in early in the morning, some 500 or 600 of them, in wagons and carriages, and on horseback, under the lead of Samuel J. Jones, then Postmaster of Westport, Missouri, Claiborne F. Jackson, and Mr. Steely, of Inde pendence, Mo. They were armed with doublebarreled guns, rifles, bowie knives and pistols, and had flags hoisted (66). They held a sort of informal election, off at one side, at first for Governor of Kansas, and shortly afterward announced Thomas Johnson of Shawnee Missions, elected Governor (67). The polls had been opened but

(59) S. N. Wood. (60) Gaius Jenkins. (61) E. D. Ladd. (62) E. D. Ladd. (63) A. B Wade. (64) E. D. Ladd, Norman Allen, C. W. Babcock, Charles Robinson, Lyman Allen, J. M. Banks. (5) James Whit lock. (66) H. Burson, N. Ramsay, James M. Dunn, Andrew White, Dr. E. G. Macey, H. Muzzy, Wm. Jessee, John A. Wakefield. (67) E. G. Macey.

(68) H. Burson, N. Ramsay, J. M. Dunn, A. White, E. (69) J. M. Dunn, A. White, E. G. Macey, J. S. Wakefield. G. Macey, H. Muzzy, Wm. Jessee, Johu A. Wakefield. (70). G. Macey, J A. Wakefield. (71) J. M. Dunn, J. C. Dunn, A. White. (72) E. G Macey (73) J. M. Dunn, J. N Mace, A. White, E. G Macey, J. A. Wakefield. (74) H. Burson, N. Ramsay. 75) J. C. Dunn. (76) H. Burson, N. Ramsay, J. W. Mace, J C. Dunn, A. White, E. . Macey, H. Muzzy, S. Jones, J. A. Wakefield. (77) J. C. Dun, (78) H. Burson, N. Ramsay. (79) H. Burson, N. Ramsay, J. C. Dunn, H. Muzzy, W. Jessee (80) H. Burson, N. Ramsay, H. Muzzy. (81) H. Burson, N. Ramsay, J. N. Macey, H. Muzzy, W. Jessee, S. Jones. J. A. Wakefield. (82) H Burson, J. C. Dunn. (83) H. Burson, N. Ramsay, J. C. Dunn, A. White, H. Muzzy, Wm. Jessee. (84) H. Burson, Wm. Jessee. (85) H. Burson. (86) H. Burson, J. M. Dunn, E. G. Macey, Wm. Jessee. (87) H. Burson, N. Ramsay. (88) й. Burson, A. White, G. W. Umberger, Wm. Jessee.

took him up behind him on a horse, and carried him back a prisoner (89). After Jones and his party had taken Umberger back, they went to the house of Mr. Ramsay and took Judge John A. Wakefield prisoner, and carried him to the place of election (90), and made him get up on a wagon and make them a speech; after which they put a white ribbon in his button-hole and let him go (91). They then chose two new Judges, and proceeded with the election (92).

They also threatened to kill the Judges if they did not receive their votes without swearing them, or else resign (92). They said no man should vote who would submit to be sworn-that they would kill any one who would offer to do so"shoot him," "cut his guts out," etc. (93). They said no man should vote this day unless he voted an open ticket, and was "all right on the goose," (94), and that if they could not vote by fair means, they would by foul means (95). They said they had as much right to vote, if they had been in the Territory two minutes, as if they had been there for two years, and they would vote (96). Some of the citizens who were about the window, but had not voted when the crowd of Missourians marched up there, upon attempting to vote, were driven back by the mob, or driven off (97). One of them, Mr. J. M. Macey, was asked if he would take the oath, and upon his replying that he would if the judges required it, he was dragged through the crowd away from the polls, amid cries of "Kill the d-d nigger thief," Cut his throat,' ""Tear his heart out," etc. After they got him to the outside of the crowd, they stood around him with cocked revolvers and drawn bowie-knives, one man putting a knife to his heart, so that it touched him, another holding a cocked pistol to his ear, while another struck at him with a club (98). The Missourians said they had a right to vote if they had been in the Territory but five minutes (99). Some said they had been hired to come there and vote, and get a dollar a day, and, by G-d, they would vote or die there (100).

They said the 30th day of March was an important day, as Kansas would be made a Slave State on that day (101). They began to leave in the direction of Missouri in the afternoon, after they had voted (102), leaving some thirty or forty around the house where the election was held, to guard the polls until after the election was over (103). The citizens of the Territory were not around, except those who took part in the mob (104), and a large portion of them did not vote (105); 341 votes were polled there that day, of which but some thirty were citizens (106). A protest against the election was made to the Gov ernor (107). The returns of the election made to the Governor were lost by the Committee of Elections of the Legislature at Pawnee (108). The duplicate returns left in the ballot-box were taken by F. E. Laley, one of the Judges elected by the Missourians, and were either lost or de

(89) H. Burson, N. Ramsay, A. White, G. W Umberger, E. C. Macey, Wm. Jessee, J. A. Wakefield. (90) N. Ramsay, J. M. Dunn, A. White, E. G. Macey, G. W. Umberger, Wm. Jessee, J. A. Wakefield. (91) E. G. Macey, G. W. Umberger, J. A. Wakefield. (92) F. Lahey. (92) J. C. Dunn, Wm. Jessee, J. Jones. (93) H. Burson, N. Ramsay, J. M. Dunn. J. N. Mace, A. White, E. G. Macey, W. Jessee. (94) N. Ramsay. (95) H. Burson, N. Ramsay, J. M. Dunn. (96) J. M. Dunn. (97) H. Burson, N. Ramsay, Wm. Jessee, J. N. Macey (98) J. N. Macey, H. Muzzy. (99) J. M. Dunn, A. White, E. G. Macey, J. A. Wakefield. (100) J. M. Dunn, J. C. Dunn, A. White. (101) N. Ramsay. (102) J. C. Dunn, A. White. (103) A. White. (104) H. Burson. (105) H. Burson, J. N. Mace, H. Muzzy, Wm. Jessee, J. A. Wakefield. (106) H. Burson. (107) S. Jones, J. A. Wakefield. (108) Daniel Wood

man.

| stroyed in his house (109), so that your Committee have been unable to institute a comparison between the poll-lists and census returns of this district. The testimony, however, is uniform, that not even thirty of those who voted there that day were entitled to vote, leaving 311 illegal votes. We are satisfied from the testimony that, had the actual settlers alone voted, the Free State candidates would have been elected by a handsome majority.

IIID DISTRICT-TECUMSEH.

On the 28th of March, persons from Clay, Jackson, and Howard Counties, Mo., began to come into Tecumseh, in wagons, carriages and on horseback, armed with guns, bowie-knives, and revolvers; and, with threats, encamped close by the town, and continued coming until the day of election (110). The night before the election 200 men were sent for from the camp of Missourians at Lawrence (111). On the morning of the election, before the polls were opened, some 300 or 400 Missourians and others were collected in the yard about the house of Thomas Stinson, where the election was to be held, armed with bowieknives, revolvers, and clubs (112). They said they came to vote, and whip the damned Yankees, and would vote without being sworn (113). Some said they came to have a fight and wanted one (114). Col. Samuel H. Woodson of Independence, Mo., was in the room of the Judges when they arrived, preparing poll-books and tally-lists, and remained there during their attempts to organize (114). The room of the Judges was also filled by many of the strangers (115). The Judges could not agree concerning the oath to be taken by themselves and the oath to be administered to the voters, Mr. Burgess desiring to administer the oath prescribed by the Governor and the other two Judges opposing it (116). During this discussion between the Judges, which lasted some time, the crowd outside became excited and noisy, threatening and cursing Mr. Burgess, the Free-State Judge (117). Persons were sent at different the Judges were, with threatening messages, estimes, by the crowd outside, into the room where pecially against Mr. Burgess, and at last ten minutes were given them to organize in or leave; and as the time passed, persons outside would call out the number of minutes left, with threats against Burgess, if he did not agree to organize (118). At the end of that time, the Judges not being able to organize, left the room and the crowd proceeded to elect nine Judges and carry on the election (119). The Free-State men generally left the ground without voting, stating that there was no use in their voting there (120). The polls were so crowded during the first part of the day that the citizens could not get up to the window the Free-State men (122). In the afternoon the to vote (121). Threats were made against Rev. Mr. Gispatrick was attacked and driven off by the mob. A man, by some called " "Texas," made a speech to the crowd urging them to vote and to remain on the ground until the polls were in the afternoon and overpower them, and thus closed, for fear the abolitionists would come there they would lose all their trouble.

For making an affidavit in a protest against this

(109) F. E. Laley. (110) W. A. M. Vaughan, M. J. J. Mitchell, John Long. (111) H. B. Burgess. (112) The Rev. H. B. Burgess, Charles Jordan, James Hickey, L. O. Wilworth, D. H. Howe, J. M. Merrian, W. R. Baggs, W. A M. Vaughn. (113) John Long, L. O. Wilworth, George Holmes. (114) L. O. Wilworth. (115) A. W. Burgess. (116) H. B. Burgess, George Holmes. (117) H. B. Burgess, John Long, D. H. Horne. (118) H. B. Burgess, Charles Jordan, H. D. Horne. (119) H. B. Burgess, Charles Jordan, J. M. Merrian, Geo. Holmes. (120) H. B. Burgess, C. Jordan, J. M. Merrian. (121) L. O. Wilworth. (122) C. Jordan.

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