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ABSTRACT OF ELECTION OF MARCH 30, 1855, BY COUNCIL DISTRICTS.
Districts for them .....
District for them......
Election District .....
in Election District.... 23
Joel K. Goodwin...
Election District -----
tricts. In such cases the number of legal and cerning the election : especially in the XIVth, XVt and XVIth Dis- amination of all the testimony and records conthe precise number of the legal votes cast, and illegal votes cast is stated, after a careful re-ex
Big Sugar Creek
2 Thos. Johnson.
H. J. Strickler
John Donaldson ...
John W. Foreman..
John W. Foreman..
R. R Reese...-----
Little Sugar Creek
M. F. Conway.
Jno. W. Whitehead
B. H. Twombly
in Election Dist.
ABSTRACT OF ELECTION OF MARCH 30, 1855, BY REPRESENTATIVE DISTRICTS.
ABSTRACT OF CENSUS, AND RETURNS OF ELECTION OF MARCH 30, 1855, BY
Your Committee report the following facts | IIId, IVth, and VIth, council-districts. The result not shown by the tables :
in the VIIÍth, and Xth, electing three members, Of the twenty-nine hundred and five voters would have been doubtful, and the Vth, VIIth, named in the census-rolls, eight hundred and and IXth would have elected three Pro-Slavery thirty-one are found on the poll-books. Some of members. the settlers were prevented from attending the Under like circumstances the House of Repelection by the distance of their homes from the resentatives would have been composed of fourpolls ; but the great majority were deterred by the teen members in favor of making Kansas a Free open avowal that large bodies of armed Missou. State, elected from the IId, IIId, IVth, Vth, ríans would be at the polls to vote, and by the VIIth, VIIIth, IXth, and Xth representative. fact that they did so appear and control the elec- districts. tion. The same causes deterred the Free State The result in the XIIth and XIV th representasettlers from running, candidates in several dis- tive-districts, electing five members, would have tricts, and in others induced the candidates to been doubtful, and the Ist, Vith, XIth, and withdraw.
XVth districts would have elected seven ProThe poll-books of the IId and VIIIth districts Slavery members. were lost; but the proof is quite clear that, in the By the election, as conducted, the ProIId district, there were thirty, and in the VIIIth Slavery candidates in every district but the district thirty-eight legal votes, making a total VIIIth representative-district, received a majority of eight hundred and ninety-eight legal voters of of the votes; and several of them, in both the the Territory, whose names are on the census- Council and the House, did not reside in" returns, and yet the proof, in the state in which and were not "inhabitants of” the district for we are obliged to present it, after excluding ille- which they were elected, as required by the orgal votes, leaves the total vote of 1,310, showing ganic law. By that act it was declared to be å discrepancy of 412. The discrepancy is ac- the true intent and meaning of this act to leave counted for in two ways: First, the coming in the people thereof perfectly free to form and of settlers before the March election, and after regulate their domestic institutions in their the census was taken, or settlers who were omit- own way, subject to the Constitution of the ted in the census; or secondly, the disturbed United States. state of the Territory while we were investigat- So careful was Congress of the right of popular ing the elections in some of the districts, thereby sovereignty, that to secure it to the people, preventing us from getting testimony in relation without a single petition from any portion of the to the naines of legal voters at the time of elec- country, they removed the restriction against tion,
Slavery imposed by the Missouri Compromise. If the election had been confined to the actual And yet this right, so carefully secured, was settlers undeterred by the presence of non-resi- thus by force and fraud overthrown by a portion dents, or the knowledge that they would be of the people of an adjoining State. present in numbers sufficient to out-vote them, The striking difference between this Repubthe testimony indicates that the council would lic and other Republics on this Continent, is not have been composed of seven in favor of making in the provisions of Constitutions, and laws, Kangas a Free State, elected from the Ist, IId, but that here changes in the administration of those laws have been made peacefully and quietly Although the fraud and force in other districts through the ballot-box. This invasion is the first were equally great as in these, yet as the Gov. and only one in the history of our Government, ernor had no information in regard to them, he by which an organized force from one State has issued certificates according to the returns. elected a Legislature for another State or Terri- Your Committee bere felt it to be their duty tory, and as such it should have been resisted not only to inquire into and collect evidence in by the whole executive power of the National regard to force and fraud attempted and pracGovernment.
ticed at the elections in the Territory, but also Your Committee are of the opinion that the into the facts and pretexts by which this force Constitution and laws of the United States have and fraud has been excused and justified; and invested the President and Governor of the Ter. for this purpose, your Committee have allowed ritory with ample power for this purpose. They tle declarations of non-resident voters to be could only act after receiving authentic informna given as evidence in their own behalf, also the tion of the facts, but when received, whether be declarations of all who came up the Missouri fore or after the certificates of election were River as emigrants in March, 1855, whether they granted, this power should have been exercised voted or not, and whether they came into tho to its fullest extent. It is not to be tolerated Territory at all or not; and also the rumors that a legislative body thus selected should as which were circulated among the people of Missume or exercise any legislative functions; and souri previous to the election. The great body their enactments should be regarded as null and of the testimony taken at the instance of the sit. void ; nor should the question of its legal exist. ting Delegate is of this character. ence as a legislative body be determined by When the declarations of parties passing up the itself, as that would be allowing the criminal to river were offered in evidence, your Committee judge of his own crime. In section twenty-two received them upon the distinct statement that of the organic act it is provided, that “the per- they would be excluded unless the persons mak. sons having the highest number of legal votes ing the declarations were by other proof shown in each of said Council-districts for members to have been connected with the elections. This of the Council, shall be declared by the Gov- proof was not made, and therefore much of this ernor to be duly elected to the Council, and class of testimony is incompetent by the rules of the persons having the highest number of le- law, but is allowed to remain as tending to show gal votes for the House of Representatives, the
cause of the action of the citizens of Missouri. shall be declared by the Governor duly elected The alleged causes of the invasion of March, members of said House." The proclamation 1855, are included in the following charges : of the Governor required a verified notice of a I. That the New England Aid Society of Boscontest when one was made, to be filed with ton was then importing into the Territory large him within four days after the election. Within numbers of men merely for the purpose of controlthat time he did not obtain information as to ling the eloctions. That they came without wo. force or fraud in any except the following dis- men, children, or baggage, went into the Territricts, and in these there were material defects tory, voted, and returned again. in the returns of election. Without deciding II. That men were hired in the Eastern or upon his power to set aside elections for force Northern States, or induced to go into the Terriand fraud, they were set aside for the following tory solely to vote, and not to settle, and by so
doing to make it a Free State. In the Ist district, because the words“ by III. That the Governor of the Territory purlawful resident voters," were stricken from the posely postponed the day of election to allow return.
this emigration to arrive, and notified the EmiIn the IId district, because the oath was ad grant Aid Society, and persons in the Eastern ministered by G. W. Taylor, who was not au States, of the day of election, before he gave thorized to administer an oath.
notice to the people of Missouri and the TerIn the IIId district, because material erasures ritory. from the printed form of the oath were pur- That these charges were industriously circu. posely made
lated ; that grossly exaggerated statements were In the IVth district for the same reason. made in regard to them; that the newspaper
In the VIIth district, because the Judges press and leading men in public meetings in were not sworn at all.
western Missouri, aided in one case by a ChapIn the XIth district, because the returns show lain of the United States Army, gave currency the election to have been held viva voce instead and credit to them, and thus excited the people, of by ballot.
and induced many well-meaning citizens of MisIn the XVIth district, because the words“ by souri to march into the Territory to meet and repel lawful residence" were stricken from the re- the alleged Eastern paupers and Abolitionists, is turns.
fully proven by many witnesses. ABSTRACT OF THE RETURNS OF ELECTION
But these charges are not sustained by the
proof. OF MAY 22, 1855.
In April, 1854, the General Assembly of Mas. sachusetts passed an act entitled "An act to incorporate the Massachusetts Emigrant Aid Society.” The object of the Society as declared in the first section of this act, was " for the purpose
of assisting emigrants to settle in the West." PLACES OF VOTING.
The moneyed capital of the corporation was not to exceed five millions of dollars; but no more than four per cent. could be assessed during the year 1854, and no more than ten per cent. in any
one year thereafter. No organization was per. Lawrence .-------
306 fected, or proceedings had, under this law, Douglas.
On the 24th day of July, 1854, certain persons Stinson's
in Boston, Massachusetts, concluded articles of Council Grove....
agreement and association for an Emigrant Aid 16 Leavenworth.
1401 15 715 Society. The purpose of this association was de
clared to be assisting emigrants to settle in the Total
560 802 47 (1409 West,” Under these articles of association, each
No. of District....
Pro-Slavery Votes.. 111 11
stockholder was individually liable. To avoid the usual extra freight (234). Each passenger this difficulty, an application was made to the or party paid his or their own expenses; and General Assembly of Massachusetts for an act of the only benefit they derived from the Society, incorporation, which was granted. On the 21st not shared by all the people of the Territory, day of February, 1855, an act was passed to in- was the reduction of about $7 in the price of the corporate the New England Emigrant Aid Com fare, the convenience of traveling in a company pany. The purposes of this act were declared instead of alone, and the cheapness and facility to be “ directing emigration westward, and aid of transporting their freight through regular ing and providing accommodation for the emi- agents. Subsequently, many emigrants, being grants after arriving at their place of destina- either disappointed with the country or its polition.” The capital stock of the corporation was tical condition, or deceived by the statements not to exceed one million of dollars. Under this made by the newspapers and by the agents of charter a company was organized.
the Society, became dissatisfied, and returned, Your Committee have examined some both before and after the election, to their old of its officers and a portion of its circulars homes. Most of them are now settlers in the and records to ascertain what has been Territory (235). Some few voted at the election done by it. The public attention, at that time, in Lawrence (235), but the number was small. was directed to the Territory of Kansas, and The names of these emigrants have been asceremigration naturally tended in that direction. tained, and of them were found upon To ascertain its character and resources, this the poll-books. This company of peaceful emiCompany sent its agent into it, and the informa- grants, moving with their household goods, was tion thus obtained was published. The Com- distorted into an invading horde of pauper Abopany made arrangements with various lines of litionists, who were, with others of a similar transportation to reduce the expense of emigra character, to control the domestic institutions tion into the Territory, and procured tickets at of the Territory, and then overturn those of a the reduced rates. Applications were made to neighboring powerful State. the Company by persons desiring to emigrate, In regard to the second charge: There is no and when they were numerous enough to form a proof that any man was either hired or induced party of convenient size, tickets were sold to to come into the Territory from any Free State, them at the reduced rates. An agent acquainted merely to vote. The entire emigration in March with the route was selected to accompany them. 1855, is estimated at 500 persons (236), including Their baggage was checked, and all trouble and men, women, and children. They came on steamdanger of loss to the emigrant in this way avoid boats up the Missouri River, in the ordinary ed.
course of emigration. Many returned for causes Under these arrangements, companies went similar to those before stated; but the body of into the Territory in the Fall of 1854, under the them are now residents. The only persons of articles of association referred to. The compa- those who were connected by proof with the ny did not pay any portion of the fare, or furnish election, were some who voted at the Big Blue any personal or real property to the emigrant. Precinct in the Xth District, and at Pawnee in The company during 1855 sent into the Territory the IXth District. Their purpose and character from eight to ten saw-mills, purchased one hotel are stated in a former part of this report. in Kansas City, which they subsequently sold, The third charge is entirely groundless. The built one hotel at Lawrence, and owned one other organic law requires the Governor to cause an building in that place. In some cases, to induce enumeration of the inhabitants and legal voters them to make improvements, town lots were to be made, and that he apportion the members given to them by town associations in this Ter of the Council and House according to this enuritory. They held no property of any other kind meration. For reasons stated by persons en. or description. They imposed no condition upon gaged in taking the census, it was not completed their emigrants and did not inquire into their po: until the early part of March, 1855 (237). At that litical, religious, or social opinions. The total time the day of holding the election had not been, amount expended by them, including the salaries and could not have been, named by the Governor. of their agents and officers, and the expenses in- As soon as practicable after the returns were cident to all organizations, was less than $100,- brought in, he issued his proclamation for an 000.
election, and named the earliest day consistent Their purposes, as far as your Committee can with due notice, as the day of election. The day ascertain, were lawful, and contributed to sup- on which the election was to be held, was a matply those wants most experienced in the settle- ter of conjecture all over the country; but it ment of a new country.
was generally known that it would be in the The only persons or company who emigrated latter part of March. The precise day was not into the Territory under the auspices of the Emi- known by any one until the proclamation issued. grant Aid Society in 1855, prior to the election It was not known to the agents of the Emigrant in March, was a party of 159 persons who came Aid Society in Boston on the 13th of March, 1855, under the charge of Charles Robinson (231). when the party of emigrants, before referred to,
In this party there were 67 women and chil. left (238). dren (232). They came as actual settlers, intend- Your Committee are satisfied that these charges ing to make their homes in the Territory, and were made the mere pretext to induce an armed for no other purpose (233). They had about their invasion into the Territory, as a means to control persons but little baggage; usually sufficient the election and establish Slavery there. clothing in a carpet-sack for a short time. Their The real purpose is avowed and illustrated by personal effects, such as clothing, furniture, etc., the testimony and conduct of Col. John Scott, of was put into trunks and boxes; and for conve- St. Joseph's, Missouri, who acted as the attorney nience in selecting and cheapness in transport. for the sitting delegate before your Committee. ing, was marked * Kansas party baggage, care The following are extracts from his deposition : B. Slater, St. Louis.” Generally this was consigned as freight, in the usual way, to the care “Prior to the election in Burr-Oak precinct in the of a commission merchant. This party had, in XIVth district, on the 291 h of November, 1854, I had addition to the usual allowance of one hundred been a resident of Missouri, and I then determined, pounds to each passenger, a large quantity of if I found it necessary, to become a resident of Kansas baggage on which the respective owners paid
(234) B. Slater and F. A. Hunt. (235) Charles Robin
son. Samuel O. Smith. (236) W. H. Chick, Mr. Rid. * (231) Benj. Slater, Charles Rol F. A. Hunt dlerburger. (237) Wm. Barbour. (238) Charles Rob(232) Charles Robinson. (233) Samuel C. Smith.