election, setting forth the facts, Mr. Burgess was indicted by the Grand Jury for perjury, which in dictment was found more than fifteen months ago, and is still pending, Mr. Burgess never having been informed who his accuser was or what was the testimony against him (123). A large majority, four to one, of the actual settlers of that district were Free-State men (124), and there cannot be the least doubt, if none but the actual settlers of the district had voted at that election, that the Free-State candidate would have been elected. The number of legal votes in the district, according to the census returns, was 101. The total number of votes cast was 372, and of these but thirty-two are on the returns, and from the testimony and records, we are satisfied that not over forty legal votes were cast at that election. A body of armed Missourians came into the district previous to the election, and encamped there (125). Before the time arrived for opening the polls, the Missourians went to another than the town appointed for the election; and one of the Judges appointed by the Governor, and two chosen by the Missourians, proceeded to open the polls and carry on the election (126). The Missourians said none but Pro-Slavery men should vote, and threatened to shoot any Free-State man who should come up to vote (127). Mr. Mockbee, one of the judges elected by the Missourians, had a store near the boundary fixed by the proclamation of the Governor, while he cultivated a farm in Missouri, where his family lived (128), and where his legal residence was then and is now. The Missourians also held a side-election for governor of the Territory, voting for Thomas Johnson of Shawnee Mission (129). The Free-State men finding the polls under the control of the non-residents, refused to, and did not, vote (130). They constituted a decided majority of the actual settlers (131). A petition signed by a majority of the residents of the district was sent to the Governor (132). The whole number of voters in this district, according to the census returns, was forty-seven; the number of votes cast was eighty, of whom but fifteen were residents, the number of residents whose names are on the census-rolls, who did not vote, was thirty-two.

For some days prior to the election, companies of men were organized in Jackson, Cass, and Clay counties, Mo., for the purpose of coming to the Territory and voting in this Vth district (133). The day previous to the election, some 400 or 500 Missourians, armed with guns, pistols, and knives, came into the Territory and camped, some at Bull Creek, and others at Potawatamie Creek (134.) Their camps were about sixteen miles apart. On the evening before the election, Judge Hamilton of the Cass County Court, Mo., came from the Potawatamie Creek camp to Bull Creek for sixty more Missourians, as they had not enough there to render the election certain, and about that number went down there with him (135). On the evening before the election, Dr. B. C. Westfall was elected to act as one of the Judges of Election in the Bull Creek precinct, in place of one of the Judges appointed by the Governor, who, it was said, would not be there the next day (136). Dr. Westfall was at that time a citizen of Jackson county, Mo. (137). On the morning of

(123) H. B. Burgess. (124) H. B. Burgess. (125) Perry Fuller, Peter Bassinger. (126) Perry Fuller, Wm. Moore, J. F. Javens. (127) J. F. Javens. (128) Wm. Moore, J. F. Javens, Thomas Mockbee. (129) Perry Fuller, William Moore. (130) Perry Ful ler, Wm. Moore, J. F. Javens, T. Mockbee. (131) Perry Fuller, Wm. Moore, J. F. Javens. (132) Perry Fuller, J. F. Javens. (133) Dr. B. C. Westfall, Joseph M. Gearhart. (134) Dr. B. C. Westfall, Jessee W. Wilson, J. M. Gearhart. (135) Dr. B. C. Westfall. (136) Dr. B. C. Westfall. (137) Dr. B. Westfall, J. W. Wilson.

the election, the polls for Bull Creek precinct were opened, and, without swearing the Judges, they proceeded to receive the votes of all who of fered to vote. For the sake of appearance they would get some one to come to the window and offer to vote, and when asked to be sworn he would pretend to grow angry at the Judges and would go away, and his name would be put down as having offered to vote, but "rejected, refusing to be sworn." This arrangement was made previously and perfectly understood by the Judges (138). But few of the residents of the district were present at the election, and only thirteen voted (139). The number of votes cast in the precinct was 393.

One Missourian voted for himself and then voted for his little son, but 10 or 11 years old (140). Col. Coffer, Henry Younger and Mr. Lykins, who were voted for and elected to the Legislature, were residents of Missouri at the time (141). Col. Coffer subsequently married in the Territory. After the polls were closed the returns were made, and a man, claiming to be a magistrate, certified on them that he had sworn the Judges of Election before opening the polls (142). In the Potawatamie precinct the Missou rians attended the election, and after threatening Mr. Chesnut, the only Judge present appointed by the Governor, to induce him to resign, they proceeded to elect two other Judges-one a Missourian and the other a resident of another precinct of that District. The polls were then opened, and all the Missourians were allowed to vote without being sworn.

After the polls were closed, and the returns made out for the signature of the Judges, Mr. Chesnut refused to sign them, as he did not consider them correct returns of legal voters.

Col. Coffer, a resident of Missouri, but elected to the Kansas Legislature from that District at that election, endeavored with others to induce Mr. Chesnut by threats to sign the returns, which he refused to do, and left the House. On his way home he was fired at by some Missourians, though not injured (143). There were three illegal to one legal vote given there that day (144). At the Big Layer precinct, the Judges appointed by the Governor met at the time appointed, and proceeded to open the polls, after being duly sworn. After a few votes had been received, a party of Missourians came into the yard of the house where the election was held, and, unloading a wagon filled with arms, stacked their guns in the yard, and came up to the window and demanded to be admitted to vote. Two of the Judges decided to receive their votes, whereupon the third Judge, Mr. J. M. Arthur, resigned, and another was chosen in his place. Col. Young, a citizen of Missouri, but a candidate for, and elected to, the Territorial Legislative Council, was present and voted in the precinct. He claimed that all Missourians who were present on the day of election were entitled to vote. But thirty or forty of the citizens of the precinct were present, and many of them did not vote (145). At the Little Sugar precinct, the election seemed to have been conducted fairly, and there a Free-State majority was polled (146). From the testimony, the whole District appears to have been largely Free-State, and had none but actual settlers voted, the FreeState candidates would have been elected by a large majority. From a careful examination of the testimony and the records, we find that from 200 to 225 legal votes were polled out of 885,

(138) Dr. B. C. Westfall. (139) J. W. Wilson. (140) Dr. B. C. Westfall, J. W. Wilson. (141) Dr. B. C. Westfall, J. M. Gearhart. (142) Dr. B. C. Westfall. (143) William Chestnut. (144) William Chestnut. (145) James M. Arthur. (146) S. W.

Bouton.

the total number given in the precincts of the Vth District Of the legal votes cast, the FreeState candidates received 152.

gave

VITH DISTRICT-FORT SCOTT.

A company of citizens from Missouri, mostly from Bates County, came into this District the day before the election, some camping and others putting up at the public-house (147). They numbered from 100 to 200 (148), and came in wagons and on horseback, carrying their provisions and tents with them, and were generally armed with pistols. They declared their purpose to vote, and claimed the right to do so. They went to the polls generally in small bodies, with tickets in their hands, and many, if not all, voted. In some cases they declared that they had voted, and their reasons for so doing. Mr. Anderson, a Pro-Slavery candidate for the Legisla ture, endeavored to dissuade the non-residents from voting, because he did not wish the election contested (149). This person, however, insisted upon voting, and upon his right to vote, and did so. No one was challenged or sworn, and all voted who desired to. Out of 350 votes cast, not over 100 were legal, and but 64 of these named in the census taken one month before by Mr. Barber, the candidate for Council, voted. Many of the Free-State men did not vote, but your Committee is satisfied that, of the legal votes cast, the Pro-Slavery candidates received a majority. Mr. Anderson, one of these candidates, was an unmarried man, who came into the District from Missouri a few days before the election, and boarded at the public-house until the day after the election. He then took with him the polllists, and did not return to Fort Scott until the occasion of a barbecue the week before the election of October 1, 1855. He voted at that election, and after it left, and has not since been in the District. S. A. Williams, the other ProSlavery candidate, at the time of the election had a claim in the Territory, but his legal residence was not there until after the election.

VIITH DISTRICT.

From two to three hundred men, from the State of Missouri, came in wagons or on horseback to the election ground at Switzer's Creek, in the VIIth District, and encamped near the polls, on the day preceding the election. They were armed with pistols and other weapons, and declared their purpose to vote, in order to secure the election of Pro-Slavery members. They said they were disappointed in not finding more Yankees there, and that they had brought more men than were necessary to counterbalance their vote. A number of them wore badges of blue ribbon, with a motto, and the company were under the direction of leaders. They declared their intention to conduct themselves peacefully, unless the residents of the Territory atempted to stop them from voting. Two of the Judges of Election appointed by Governor Reeder, refused to serve, whereupon two others were appointed in their stead by the crowd of Missourians who surrounded the polls. The newly-appointed Judges refused to take the oath prescribed by Governor Reeder, but made one to suit themselves. Andrew Johnson requested each voter to swear if he had a claim in the Territory, and if he had voted in another District. The Judges did not take the oath prescribed, but were sworn to receive all legal votes. The Missourians voted without being sworn. They supported H. J. Stickler for Council, and M. W. McGee for Representative. They left the evening of the election. Some of them started on horseback for

(147) John Hamilton. (148) John Hamilton, E. B. Cook, F B. Arnett. (149) J. C. Anderson.

Lawrence, as they said they could be there ber fore night, and all went the way they came. The census-list shows 53 legal voters in the Dis trict. 253 votes were cast; of these 25 were resi dents, 17 of whom were in the District when the census was taken (150). Some of the residents present at the polls did not vote, declaring it useless. Candidates declined to run on the Free-State ticket because they were unwilling to run the risk of so unequal a contest-it being known that a great many were coming up from Missouri to vote (151). Nearly all the settlers were FreeState men, and 23 of the 25 legal votes given were cast for the only Free-State candidate running. Mobiller McGee, who was declared elected Representative, had a claim-a saw-mill and a house in the Territory-and he was there part of But his legal residence is now, and the time. was then, near Westport, in Missouri, where he owns and conducts a valuable farm, and where his family resides.

VIIITH DISTRICT.

This was attached to the VIIth District for a member of the Council and a representative, and its vote was controlled by the illegal vote cast there. The census shows 39 votes in it-37 votes were cast, of whom a majority voted the Free-State ticket.

IXTH DISTRICT.

Fort Riley and Pawnee are in this District. The latter place was selected by the Governor as the temporary capital, and he designed there to expend the sums appropriated by Congress in the construction of suitable houses for the Legislature. A good deal of building was then being done at the fort near by. For these rea sons a number of mechanics, mostly from Pennsylvania came into this district in March, 1855, to seek employment. Some of these voted at the election. The construction of the capital was first postponed, then abandoned, and finally the site of the town was declared by the Secretary of War to be within the military reservation of to the States, and some went to other parts of Fort Riley. Some of the inhabitants returned the Territory. Your Committee find that they and were entitled to vote (152). came as settlers, intending to remain as such,

XTH DISTRICT.

In this district ten persons belonging to the Wyandot tribe of Indians voted. They were of that class who under the law were entitled to vote, but their residence was in Wyandot Village, at the mouth of Kansas River, and they had no right to vote in this district. They voted the Pro-Slavery ticket (153). Eleven men recently from Pennsylvania voted the Free-State Ticket. From the testimony, they had not, at the time of the election, so established their residence as to have entitled them to vote (154). In both these classes of cases the judges examined the voters under oath and allowed them to vote, and in all respects the election seems to have been conducted fairly. The rejection of both would not have changed the result. This and the VIIIth Election-District formed one representative district, and was the only one to which the invasion from Missouri did not extend.

XITH DISTRICT.

The IXth, Xth, and XIth and XIIth ElectionDistricts, being all sparsely settled, were attached

(150) James A. Stewart, Mr. H. Rose. (151) Wm. F. Johnstone. (152) Andrew McConnell, R. W. Wilson, A. H. Reeder. (153) M. A. Garrett, Joseph Stewart. (154) N. J. Osborn, Isaac Hascall.

together as a Council-District, and the XIth and XIIth as a Representative District. This Election-District is 60 miles north from Pawnee, and 150 miles from Kansas City. It is the northwest settlement in the Territory, and contained, when the census was taken, but 36 inhabitants, of whom 24 were voters. There was on the day of election no white settlement about Marysville, the place of voting, for 40 miles, except that Marshall and Bishop kept a store and ferry at the crossing of the Big Blue and the California road (155). Your Committee were unable to procure witnesses from this district. Persons who were present at the election were duly summoned by an officer, and among them was F. J. Marshall, the member of the House from that district. On his return the officer was arrested and detained, and persons bearing the names of some of the witnesses summoned were stopped near Lecompton, and did not appear before the Committee. The returns show that, in defiance of the Governor's proclamation, the voting was viva voce, instead of by ballot. 328 names appear upon the poll-books, as voting, and by comparing these names with those on the censusrolls, we find that but seven of the latter voted. The person voted for as Representative, F. J. Marshall, was chief owner of the store at Marysville, and was there sometimes (156), but his family lived in Weston. John Donaldson, the candidate voted for for the Council, then lived in Jackson County, Missouri (157).

On the day after the election, Mr. Marshall, with 25 or 30 men from Weston, Mo., was on the way from Marysville, to the State. Some of the party told a witness who had formerly resided at Weston, that they were up at Marysville and carried the day for Missouri, and that they had voted about 150 votes. Mr. Marshall paid the bill at that point for the party.

There does not appear to have been any emigration into that district in March, 1855, after the census was taken, and judging from the best test in the power of your Committee, there were but seven legal votes cast in the district, and 321 illegal.

XIITH DISTRICT.

The election in this district was conducted fairly. No complaint was made that illegal votes

were cast.

XIIITH DISTRICT.

Those persons voting who were sworn were asked if they considered themselves residents of the district, and if they said they did, they were allowed to vote (164). But few of the residents were present and voted (165), and the Free-State men, as a general thing, did not vote (166). After the Missourians got through voting, they returned home (167). A formal return was made by the judges of election setting out the facts, but it was not verified. The number of legal voters in this district was 96, of whom a majority were Free-State men. Of these voted. The total number of votes cast was 296.

XIVTH DISTRICT.

It was generally rumored in this district, for some days before the election, that the Missourians were coming over to vote (168). Previous to the election, men from Missouri came into the district, and electioneered for the Pro-Slavery candidates (169). Gen. David R. Atchison and a party controlled the nominations in one of the primary elections (170).

BURR OAK PRECINCT.

Several hundred Missourians from Buchanan, Platte, and Andrew Counties, Mo., including a great many of the prominent citizens of St. Joseph, came into this precinct the day before, and on the day of election, in wagons and on horse, and encamped there (171). Arrangements were made for them to cross the ferry at St. Joseph free of expense to themselves (172). They were armed with bowie-knives and pistols, guns and rifles (173). On the morning of the election, the FreeState candidates resigned in a body, on account of the presence of the large number of armed Missourians, at which the crowd cheered and hurrahed (174). Gen. B. F. Stringfellow was present, and was prominent in promoting the election of the Pro-Slavery ticket, as was also the Hon. Willard P. Hall, and others of the most prominent citizens of St. Joseph, Mo. (175). But one of the judges of election, appointed by the governor, served on that day, and the crowd chose two others to supply the vacancies (176).

in their button-holes and elsewhere about their persons (159). They claimed to have a right to vote, from the fact that they were there on the ground, and had, or intended to make, claims in the Territory, although their families were in Missouri (160).

The judges appointed by the governor opened the polls, and some persons offered to vote, and when their votes were rejected on the ground that they were not residents of the district, the crowd threatened to tear the house down if the judges did not leave (161). The judges then withdrew, taking the poll-books with them (162). The crowd then proceeded to select other persons to act as judges, and the election went on (163).

(155) Augustus Baker. (156) Augustus Baker. (157) J. E. D'Aris. (158) J. B. Ross, W. H. Godwin. Dr. James Noble, T. A. Minard, Chas. Hardh. (159) J. B. Ross, W. fl. Godwin. (160) J. B. Ross, Dr. J. Noble. (161) J. B. Ross, Charles Hardh, A. B. Sharp. (162) J. B. Ross, C. Hardh. (163) J. B. Ross, W. H. Godwin, Dr. J. Noble, R. Chandler, T. A. Minard, C. Hardh, G. M. Dyer, O. B. Tebbs.

The farm was generally known as the Richardgoing home to Missouri every Saturday night. son farm. He had a claim in the Territory upon which was a saw-mill, and where he generally remained during the week (178).

Some of the Missourians gave as their reason for voting that they had heard that eastern emigrants were to be at that election (179), though no eastern emigrants were there (180). Others

(164) R. Chandler. (165) J. B. Ross, Dr. J. Noble. (166) J. B. Ross, Dr. J. Noble, R. Chandler, C. Hardh, 0. B. Tebbs. (167) J. B. Ross, Dr. J. Noble. (168) B. Harding, John H. Whitehead, A. Larzelier. (169) Benj. Harding, Willard P. Hall, Dr. G. A. Cutler. (170) Dr. G. A. Cutler. (171) A. A. Jamieson, W. R. Richardson, Benj. Harding, J. H. Whitehead, J. R. Carter, A. Larzelier, Willard P. Hall, B. H. Brock, C. W. (172) L. Dillon, G. W. Gillespie. (173) A. A. JamieStewart, A. M. Mitchell, H S. Creel, G. W. Gillespie. son, Willard P. Hall, C. W. Stewart. (174) A. A. Jamieson, W. P. Richardson, Benj. Harding, J. H. Whitehead, A. Larzelier, Willard P. Hall, J. P. Blair. (175) A. A. Jamieson, W. P. Richardson, J. H. Whitehead. Willard P. Hall (176) A. A. Jamieson, Benjamin Harding, J. H. Witehead, A. Larzelier, O. Hulan. (177) A. A. Jamieson, W. P. Hall. (178) A A. Jamieson, W. P. Richardson, W. P. Hall. (179) W. P. Richardson, J. H. Whitehead, J. R. Carter, W. P. Hall, A. M. Mitchell, H S. Creel. (180) B. Harding, J. H. Whitehead, J. R. Carter, W. P. Hall.

sponsibility of doing it, as it was not considered safe, and that if another election was had, the residents would fare no better.

XVITH DISTRICT.

The Free-State men generally did not vote at that election (219); and no newly-arrived Eastern emigrants were there (220). The Free-State Judge of Election refused to sign the returns until the words "by lawful resident voters" were stricken out, which was done, and the returns made in that way (221). The election was contested, and a new election ordered by Gov. Reeder for the 22d of May.

The testimony is divided as to the relative strength of parties in this district. The whole number of voters in the district, according to the census returns, was 385; and, according to a very carefully-prepared list of voters, prepared for the Pro-Slavery candidates and other Pro-Slavery men, a few days previous to the

including those who had claims but did not live on them (222). The whole number of votes cast was 964. Of these named in the census 106 voted. Your Committee, upon careful examination, are satisfied that there were not over 150 legal votes cast, leaving 814 illegal votes.

On the morning of the election there were from 1,000 to 1,400 persons present on the ground (209). Previous to the election, Missourians endeavored to persuade the two Free-State judges to resign by making threats of personal violence to them (210), one of whom resigned on the morning of election, and the crowd chose another to fill his place (211). But one of the judges, the Free-State judge, would take the oath prescribed by the Governor, the other two deciding that they had no right to swear any one who offered to vote, but that all on the ground were entitled to vote (212). The only votes refused were some Delaware Indians, some 30 Wyandot Indians being allowed to vote (213).

One of the Free-State candidates withdrew in consequence of the presence of the Missourians, amid cheering and acclamations by the Missourians (214). During the day, the steamboat New Lucy came down from Western Missouri, with a large number of Missourians on board, who voted and then returned on the boat (215). The Missourians gave as a reason for their coming over to vote, that the North had tried to force emigration into the Territory, and they wanted to counteract that movement (216). Some of the candidates and many of the Missourians took the ground that, under the Kansas-Nebraska act, all who were on the ground on the day of election were entitled to vote (217), and others, that laying out a town, staking a lot, or driving down stakes, even on another man's claim, gave them a right to vote.

(205) H. Miles Moore, A. McAuley, L. Kerr. (206) David Brown, T. A. Hart, G. F. Warren, R. R. Rees, A. Russell, P. R. Orr. L. J. Eastin, A. Fisher. M. France, H. M. Moore. (207) D. Brown, E. A. Hart, G. F. War ren, A. Fisher, H. M. Moore, W. G. Matthias. (208) F. A. Hart, L. J. Eastin, M. France, W. H. Adams, H. M. Moore. (209) F. A. Hart, T. A. Minard, G. F. Warren, R. R. Rees, A. J. Pattie, W. G. Matthias. (210) D. Brown, M. France. (211) D. Brown, F. A. Hart, M. France. (212) M. France. (213) M. France. (214) F. A. Hart, L. J. Farin, W. H. Adams. (215) D. Brown, F. A. Hart, T. A. Minard, G. F. Warren, K. R. Rees, S. J. Bastin, A. T. Kyle, D. J. Johnson, M. France, A. T. Pattie, H. M. Moore. (216) H. R. Rees, L. J. Eastin, W H. Adams, H. M. Moore. (217) D. Brown, T. A. Minard, G. F. Warren, R. R. Rees, H. M. Moore.

XVIITH DISTRICT.

The election in this district seems to have been fairly conducted, and not contested at all. In this district the Pro-Slavery party had the majority.

XVIIITH DISTRICT.

Previous to the election, Gen. David R. Atchison of Platte City, Mo., got up a company of Missourians, and passing through Weston, Mo., (223) went over into the Territory. He remained all night at the house of and then exhibited his arms, of which he had an abundance. He proceeded to the Nemohaer (XVIIIth) District (224). On his way, he and his party attended a Nominating Convention in the XIVth District, and proposed and caused to be nominated a set of candidates in opposition to the wishes of the Pro-Slavery residents of the district (225). At that Convention he said that there were 1,100 men coming over from Platte County, and if that wasn't enough they could send 5,000 more-that they came to vote, and would vote or kill every G-d d-d Abolitionist in the Territory (226).

On the day of election, the Missourians under Atchison, who were encamped there, came up to the polls in the XVIIIth District, taking the oath that they were residents of the district. The Missourians were all armed with pistols or bowie-knives, and said there were 60 in their company (227). But 17 votes given on that day were given by residents of the district (228). The whole number of votes was 62.

R. L. Kirk, one of the candidates, came into the district from Missouri about a week before the election, and boarded there (229). He left after the election, and was not at the time a legal resident of the district in which he was elected. No protest was sent to the Governor on account of threats made against any who should dare to contest the election (230). The following tables embody the result of the examination of your Committee in regard to this election. In some of the districts it was impossible to ascertain

(218) D. Brown. T. A. Hart. (219) D. Brown, E. A. Minard, G. F. Warren, F. A. Hart, M. France, H. M. Moore. (220) L. J. Eastin, M. France, W. H. Adams. (221) L. J. Eastin. M. France. W. H. Adams. (222) L. J. Eastin, A. McAuley. (223) H. Niles Moore. (224) Dr. G. A. Cutler, Amer Groom. (225) Dr. G. A. Cutler. (226) Dr. G. A. Cutler. (227) D. H. Baker, John Belew. (228) D. H. Baker, John Belew. (229) John Belew, (230) Dr. G. A. Cutler.