No. of Legal Votes in 35 2 2 2 282****====

19

No. of Votes for them TR=°°88=282 892"A

ABSTRACT OF ELECTION OF MARCH 30, 1855, BY REPRESENTATIVE DISTRICTS.

ABSTRACT OF CENSUS, AND RETURNS OF ELECTION OF MARCH 30, 1855, BY ELECTION DISTRICTS.

Your Committee report the following facts | IIId, IVth, and VIth, council-districts. The result not shown by the tables:

those laws have been made peacefully and quietly through the ballot-box. This invasion is the first and only one in the history of our Government, by which an organized force from one State has elected a Legislature for another State or Territory, and as such it should have been resisted by the whole executive power of the National Government.

Although the fraud and force in other districts were equally great as in these, yet as the Governor had no information in regard to them, he issued certificates according to the returns.

Your Committee here felt it to be their duty not only to inquire into and collect evidence in regard to force and fraud attempted and prac ticed at the elections in the Territory, but also into the facts and pretexts by which this force and fraud has been excused and justified; and for this purpose, your Committee have allowed the declarations of non-resident voters to be given as evidence in their own behalf, also the declarations of all who came up the Missouri River as emigrants in March, 1855, whether they voted or not, and whether they came into the Territory at all or not; and also the rumors which were circulated among the people of Missouri previous to the election. The great body of the testimony taken at the instance of the sitting Delegate is of this character.

When the declarations of parties passing up the river were offered in evidence, your Committee received them upon the distinct statement that they would be excluded unless the persons making the declarations were by other proof shown to have been connected with the elections. This

Your Committee are of the opinion that the Constitution and laws of the United States have invested the President and Governor of the Territory with ample power for this purpose. They could only act after receiving authentic information of the facts, but when received, whether before or after the certificates of election were granted, this power should have been exercised to its fullest extent. It is not to be tolerated that a legislative body thus selected should assume or exercise any legislative functions; and their enactments should be regarded as null and void; nor should the question of its legal existence as a legislative body be determined by itself, as that would be allowing the criminal to judge of his own crime. In section twenty-two of the organic act it is provided, that "the persons having the highest number of legal votes in each of said Council-districts for members 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 the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor duly elected members of said House." The proclamation of the Governor required a verified notice of a contest when one was made, to be filed with him within four days after the election. Within that time he did not obtain information as to force or fraud in any except the following districts, and in these there were material defects in the returns of election. Without deciding upon his power to set aside elections for force and fraud, they were set aside for the following

reasons:

In the Ist district, because the words "by lawful resident voters," were stricken from the

return.

In the IId district, because the oath was administered by G. W. Taylor, who was not au

thorized to administer an oath.

In the IIId district, because material erasures from the printed form of the oath were purposely made.

In the IVth district for the same reason. In the VIIth district, because the Judges were not sworn at all.

In the XIth district, because the returns show the election to have been held viva voce instead of by ballot.

In the XVIth district, because the words "by lawful residence" were stricken from the returns.

No. of District.....

ABSTRACT OF THE RETURNS OF ELECTION

128786

OF MAY 22, 1855.

PLACES OF VOTING.

Lawrence

Douglas..
Stinson's

"110"

Council Grove...
Leavenworth..

Total

class of testimony is incompetent by the rules of
law, but is allowed to remain as tending to show
the cause of the action of the citizens of Missouri.
The alleged causes of the invasion of March,
1855, are included in the following charges:
I. That the New-England Aid Society of Bos-
ton was then importing into the Territory large
numbers of men merely for the purpose of control-
ling the elections. That they came without wo-
men, children, or baggage, went into the Terri-
tory, voted, and returned again.

II. That men were hired in the Eastern or Northern States, or induced to go into the Territory solely to vote, and not to settle, and by so doing to make it a Free State.

III. That the Governor of the Territory purposely postponed the day of election to allow this emigration to arrive, and notified the Emigrant Aid Society, and persons in the Eastern States, of the day of election, before he gave notice to the people of Missouri and the Territory.

That these charges were industriously circulated; that grossly exaggerated statements were made in regard to them; that the newspaper press and leading men in public meetings in western Missouri, aided in one case by a Chaplain of the United States Army, gave currency and credit to them, and thus excited the people, and induced many well-meaning citizens of Missouri to march into the Territory to meet and repel the alleged Eastern paupers and Abolitionists, is fully proven by many witnesses.

But these charges are not sustained by the proof.

In April, 1854, the General Assembly of Massachusetts 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." 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 per306 fected, or proceedings had, under this law.

Total

Scattering. R

288 18

127

148

127

1 149

66 13 79

On the 24th day of July, 1854, certain persons in Boston, Massachusetts, concluded articles of agreement and association for an Emigrant Aid 560 140 15 715 Society. The purpose of this association was declared to be "assisting emigrants to settle in the West." Under these articles of association, each

560 802 47 1409

stockholder was individually liable. To avoid this difficulty, an application was made to the General Assembly of Massachusetts for an act of incorporation, which was granted. On the 21st day of February, 1855, an act was passed to incorporate the New England Emigrant Aid Company. The purposes of this act were declared to be "directing emigration westward, and aiding and providing accommodation for the emigrants after arriving at their place of destination." The capital stock of the corporation was not to exceed one million of dollars. Under this charter a company was organized.

the usual extra freight (234). Each passenger
or party paid his or their own expenses; and
the only benefit they derived from the Society,
not shared by all the people of the Territory,
was the reduction of about $7 in the price of the
fare, the convenience of traveling in a company
instead of alone, and the cheapness and facility
of transporting their freight through regular
agents. Subsequently, many emigrants, being
either disappointed with the country or its poli-
tical condition, or deceived by the statements
made by the newspapers and by the agents of
the Society, became dissatisfied, and returned,
both before and after the election, to their old
homes. Most of them are now settlers in the
Territory (235). Some few voted at the election
in Lawrence (235), but the number was small.
The names of these emigrants have been ascer-
tained, and
of them were found upon
the poll-books. This company of peaceful emi-
grants, moving with their household goods, was
distorted into an invading horde of pauper Abo-
litionists, who were, with others of a similar
character, to control the domestic institutions
of the Territory, and then overturn those of a
neighboring powerful State.

Your Committee have examined some of its officers and a portion of its circulars and records to ascertain what has been done by it. The public attention, at that time, was directed to the Territory of Kansas, and emigration naturally tended in that direction. To ascertain its character and resources, this Company sent its agent into it, and the information thus obtained was published. The Company made arrangements with various lines of transportation to reduce the expense of emigra tion into the Territory, and procured tickets at the reduced rates. Applications were made to the Company by persons desiring to emigrate, and when they were numerous enough to form a party of convenient size, tickets were sold to them at the reduced rates. An agent acquainted with the route was selected to accompany them. Their baggage was checked, and all trouble and danger of loes to the emigrant in this way avoid-boats up the Missouri River, in the ordinary ed.

Under these arrangements, companies went into the Territory in the Fall of 1854, under the articles of association referred to. The company did not pay any portion of the fare, or furnish any personal or real property to the emigrant. The company during 1855 sent into the Territory from eight to ten saw-mills, purchased one hotel in Kansas City, which they subsequently sold, built one hotel at Lawrence, and owned one other building in that place. In some cases, to induce them to make improvements, town lots were given to them by town associations in this Territory. They held no property of any other kind or description. They imposed no condition upon their emigrants and did not inquire into their political, religious, or social opinions. The total amount expended by them, including the salaries of their agents and officers, and the expenses incident to all organizations, was less than $100,

In regard to the second charge: There is no proof that any man was either hired or induced to come into the Territory from any Free State, merely to vote. The entire emigration in March 1855, is estimated at 500 persons (236), including men, women, and children. They came on steam

course of emigration. Many returned for causes similar to those before stated; but the body of them are now residents. The only persons of those who were connected by proof with the election, were some who voted at the Big Blue Precinct in the Xth District, and at Pawnee in the IXth District. Their purpose and character are stated in a former part of this report.

The third charge is entirely groundless. The organic law requires the Governor to cause an enumeration of the inhabitants and legal voters to be made, and that he apportion the members of the Council and House according to this enumeration. For reasons stated by persons engaged in taking the census, it was not completed until the early part of March, 1855 (237). At that time the day of holding the election had not been, and could not have been, named by the Governor. As soon as practicable after the returns were brought in, he issued his proclamation for an 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 in March, was a party of 159 persons who came under the charge of Charles Robinson (231).

000.

In this party there were 67 women and children (232). They came as actual settlers, intending to make their homes in the Territory, and for no other purpose (233). They had about their persons but little baggage; usually sufficient clothing in a carpet-sack for a short time. Their personal effects, such as clothing, furniture, etc., was put into trunks and boxes; and for convenience in selecting and cheapness in transporting, was marked "Kansas party baggage, care B. Slater, St. Louis." Generally this was consigned as freight, in the usual way, to the care of a commission merchant. This party had, in addition to the usual allowance of one hundred pounds to each passenger, a large quantity of baggage on which the respective owners paid

(231) Benj. Slater, Charles Robinson, F. A. Hunt (232) Charles Robinson. (233) Samuel C. Smith.

It was not known to the agents of the Emigrant Aid Society in Boston on the 13th of March, 1855, when the party of emigrants, before referred to, left (238).

Your Committee are satisfied that these charges were made the mere pretext to induce an armed invasion into the Territory, as a means to control the election and establish Slavery there.

The real purpose is avowed and illustrated by the testimony and conduct of Col. John Scott, of St. Joseph's, Missouri, who acted as the attorney for the sitting delegate before your Committee. The following are extracts from his deposition :

"Prior to the election in Burr-Oak precinct, in the XIVth district, on the 29th of November, 1854, I had been a resident of Missouri, and I then determined, if I found it necessary, to become a resident of Kansas

(234) B. Slater and F. A. Hunt. (235) Charles Robinson. Samuel C. Smith. (236) W. H. Chick, Mr. Riddlerburger. (237) Wm. Barbour. (238) Charles Robinson.