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Territory. On the day previous to that election, I terized as a disturbance of the peace and quiet settled up my board at my boarding house, in St. of the community, and as “ circulating incen. Joseph's, Missouri,

and went over to the Territory, diary sentiments." They say " to the peculiar and took boarding with Mr. Bryant, pear whose house friends of northern fanatics,” “Go home and do the polls were held the next day, for one month, so that I might have it in my power, by merely deter your treason where you may find sympathy. mining to do so, to become a resident of the Territory Among other resolves, is the following: on the day of election.

"Resolved, That the institution of Slavery is known " When my name was proposed as a Judge of Elec- and recognized in this Territory ; that we repel the tion, objections were made by two persons only. **** doctrine that it is a moral and political evil, and we I then publicly informed those present. that I had a hurl back with scorn upon its slanderous authors the claim in the Territory ; that I bad taken board in the charge of inhumanity; and we warn all persons not to Territory for a month, and that I could, at any mo. come to our paceful firesides to slander us, and row ment, become an actual resident and legal voter in the the seeds of discord between the master and the serv. Territory, and that I would do so, if I concluded at ant; for, as much as we deprecate the necessity to any time during the day that my vote wou'd be peces- which we may be driven, we cannot be responsible for sary to carry that precinct in favor of the Pro-Slavery the consequences." candidate for delegate to Congress. * * * * * I did not during the day consider it necessary to become a

A Committee of Vigilance of 30 men was apresident of the Territory for the purpose mentioned, pointed, “ to observe and report all such persons and did not vote or offer to vote at that election, as shall, by the expression of Abolition

I held the office of City-Attorney for St. Joseph's sentiments, produce disturbance to the quiet of at that time, and had held it for two or three years the citizens, or danger to their domestic relapreviously, and continued to hold it until this spring: tions; and all such persons so offending, shall be

** I voted at an election in St. Joseph's, in the notified, and made to leave the Territory.”. spring of 1855, and was re-appointed City-Attorney. The question of Slavery was put in issue at the election

The meeting was “ably and eloquently ad. of November, 1854, to ihe same extent as in every elec- dressed by Judge Lecompte, Col. J. N. Burns tion in this Territory. Gen. Whitfield was regarded of Western Missouri, and others.” Thus the head as the Pro-Slavery candidate for the Pro-Slavery of the Judiciary in the Territory, not only assist. party. I regarded the question of Slavery as the pri- ed at a public and bitterly partisan meeting, marily prominevt issue at that election, and, so far as whose direct tendency was to produce violence I know, all parties agreed in making that question the and disorder, but before any law is passed in the issue of that election.

" It is my intention, and the intention of a great Territory, he prejudges the character of the domany other Missourians now resident in Missouri, mestic institutions, which the people of the Terwhenever the Slavery issue is to be determined upon by ritory were, by their organic law, “ left perfectly the people of this Territory in the adoption of the Staie free to form and regulate in their own way." Constitution, to remove to this Territory in time to ac. On this Committee were several of those who quire the right to become legal voters upon that question. held certificates of election as members of the The leoding purpose of our intended removal to the Legislature ; some of the others were then and Territory is to determine the domestic institutions of still are residents of Missouri ; and many of the thes Territory, when it comes to be a State, and we would not come but for that purpose, and would never Committee have since been appointed to the think of coming here but for that purpose. I believe leading offices in the Territory, one of which is there are a great many in Missouri who are so situated." the Sheriffalty of the County. Their first act

was that of mobbing Phillips. The invasion of March 30th left both parties in

Subsequently, on the 25th of May, A. D. 1855, a state of excitement, tending directly to produce a public meeting was held, at which R. R. Rees, violence. The successful party was lawless and

a member elect of the Council, presided (240). reckless, while assuming the name of the Law The following resolutions, offered by Judge and Order” party. The other party, at first sur. Payne, a member elect of the House, were unaprised and confounded, was greatly irritated, and nimously adopted : some resolved to prevent the success of the invasion. In some Districts, as before stated, protests the committee of citizens that shaved, tarred, and

"Resolved, That we heartily indorse the action of were sent to the Governor; in others, this was feathered, rode on a rail, and had sold by a negro, Wm. prevented by threats ; in others, by the want of Phillips, the moral perjurer. time, only four days being allowed by the pro- Resolved, That we return our thanks to the comclamation for this purpose; and in others, by the mittee for faithfully performing the trust enjoined belief that a new election would bring a new in- upon them by the Pro-Slavery party. vasion. About the same time, all classes of men

* Resolved, that the committee be now discharged. commenced bearing deadly weapons about the

Resolved, That we severely condemn those Properson, a practice which has continued to this Slavery men who, from mercenary motives, are callfime. Under these circumstances, a slight or further action.

ing upon the Pro-Slavery party to submit without accidental quarrel produced unusual violence, Resolved, That in order to secure peace and harand lawless acts became frequent. This evil mony to the community, we now solemnly declare that condition of the public mind was further increased the Pro-Slavery party will stand firmly by and carry by acts of violence in Western Missouri, where, out the resolutions reported by the committee apin April

, a newspaper press called The Parkville pointed for that purpose on the memorable 30th." Luminary was destroyed by a mob.

The act of moral perjury here referred to, is About the same time, Malcolin Clark assaulted the swearing by Phillips to å truthful protest in Cole McCrea, at a squatter meeting in Leaven regard to the election of March 30, in the XVIth worth, and was shot by McCrea, in alleged self- District. defense.

The members receiving their certificates of On the 17th day of May, William Phillips, a the Governor as members of the General Aslawyer of Leavenworth, was first notified to leave, sembly of the Territory, met at Pawnee, the and upon his refusal, was forcibly seized, taken place appointed by the Governor, on the 2d of across the river, and carried several miles into July, a. D. 1855. Their proceedings are stated Missouri, and then tarred and feathered, and one in three printed books, herewith submitted, enside of his head shaved, and other gross indigni- titled respectively, “The Statutes of the Terri

. ties put upon his person.

tory of Kansas ;' “ The Journal of the Council Previous to the outrage a public meeting was of the Territory of Kansas;”and “ The Journal held (239), at which resolutions were unanimously of the House of Representatives of the Territory passed, looking to unlawful violence, and grossly of Kansas." intolerant in their character. The right of free Your Committee do not regard their enactspeech upon the subject of Slavery was charac ments as valid laws. A Legislature thus im. (239) A. Payne.

(240) R. R. Roes.

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posed upon a people, cannot affect their political | al tax, shall be a qualified elector for all electrights. Such an attempt to do so, if successful, ive offices (251).”. Two classes of persons were is virtually an overthrow of the organic law, and thus excluded who by the organic act were alreduces the people of the Territory to the condi- lowed to vote, viz.: those who would not swear tion of vassals to a neighboring State. To avoid to the oath required, and those of foreign birth the evils of anarchy, no armed or organized re. who had declared on oath their intention to be. sistance to them should be made, but the citi come citizens (252). Any man of proper age zens should appeal to the ballot-box at public who was in the Territory on the day of election, elections, to the Federal Judiciary, and to Con. and who had paid one dollar as a tax to the Shergress, for relief. Such, from the proof, would iff, who was required to be at the polls to receive have been the course of the people, but for the it (253), could vote as an “ inhabitant," although nature of these enactments and the manner in he had breakfasted in Missouri, and intended to which they are enforced. Their character and return there for supper. There can be no doubt their execution have been so intimately con that this unusual and unconstitutional provision nected with one branch of this investigation, was inserted to prevent a full and fair expression that relating to "violent and tumultuous pro of the popular will in the election of members of ceedings in the Territory"—that we were com- the House, or to control it by non-residents. pelled to examine them.

All jurors are required to be selected by the The “laws” in the statute-books are general Sheriff, and “no porson who is conscientiously and special; the latter are strictly of a local opposed to the holding of slaves, or who does character, relating to bridges, roads, and the like. not admit the right to hold slaves in the Territory, The great body of the general laws are exact shall be a juror in any cause" affecting the right transcripts from the Missouri Code. To make to hold laves, or relating to slave property. them in some cases conform to the organic act, The Slave Code, and every provision relating separate acts were passed, defining the meaning to slaves, are of a character intolerant and unuof words. Thus the word “State" is to be under sual even for that class of legislation. The charstood as meaning “ Territory” (241); the word acter and conduct of the men appointed to hold “County Court" shall be construed to mean the office in the Territory contributed very much to Board of Commissioners transacting county produce the events which followed. Thus Samuel business, or the Probate Court, according to the 1. Jones was appointed Sheriff of the County of intent thereof. The words “ Circuit Court" to Douglas, which included within it the Ist and mean “District Court" (242).

IId Election-Districts. He had made himself The material differences in the Missouri and peculiarly obnoxious to the settlers by his conKansas statutes are upon the following subjects: duct on the 30th of March in the IId District, The qualifications of voters and of members of and by his burning the cabins of Joseph Oakley the legislative assembly; the official oath of all and Samuel Smith (254). officers, attorneys, and voters; the mode of select- An election for delegates to Congress, to be ing officers and their qualifications; the slave held on the 1st day of October, 1855, was procode, and the qualifications of jurors.

vided for with the same rules and regulations as Upon these subjects the provisions of the Mis- were applied to other elections. The Free State souri Code are such as are usual in many of the men took no part in this election, having made States. But by the “Kansas Statutes,' every arrangements for holding an election on the 9th office in the Territory, executive and judicial, of the same month. The citizens of Missouri was to be appointed by the legislature, or by attended at the election of the 1st of October, some officer appointed by it. These appoint- some paying the dollar tax, others not being rements were not merely to meet a temporary exi- quired to pay it. They were present and voted gency, but were to hold over two regular clec. at the voting places of Atchison (255) and Doni. tions, and until after the general election in phan (256), in Atchison County; at Green October, 1857 (243), at which the members of the Springs, Johnson County (257); at Willow new Council were to be elected (244). The new Springs (258); Franklin (259), and Lecompton Legislature is required to meet on the first Mon-1 (260), in Douglas County, at Fort Scott, Bourday in January, 1858 (245). Thus, by the terms bon County (261,; at Baptiste Paola, Lykins Co., of these “laws,” the people have no control where some Indians voted, some whites paying whatever over either the Legislature, the execu- the $1 tax for them (262); at Leavenworth tive, or the judicial departments of the territori. City (263), and at Kickapoo City, Leavenworth al government until a time before which, by the County ; at the latter place under the lead of natural progress of population, the territorial Gen. B. F. Stringfellow and Col. Lewis Barnes government will be superseded by a State gov. of Missouri (264). From two of the election pre. ernment.

cincts at which it was alleged there was illegal No session of the Legislature is to be held voting--viz. : Delaware and Wyandotte, your during 1856, but the members of the House are Committee failed to obtain the attendance of to be elected in October of that year (246). A witnesses. Your Committee did not deem it necandidate, to be eligible at this election, must cessary, in regard to this election, to enter into swear to support the fugitive-slave law (247), and details, as it was manifest that, from there being each judge of election, and each voter, if chal- but one candidate-Gen. Whitfield-he must lenged, must take the same oath (248). The have received a majority of the votes cast. same oath is required of every officer elected or This election, therefore, depends not on the appointed in the Territory, and of every attorney number or character of the votes received, but admitted to practice in the courts (249).

upon the validity of the laws under which it was A portion of the militia is required to muster held. Sufficient testimony was taken to show on the day of election (250). “Every free white that the voting of citizens of Missouri was pracmale citizen of the United States, and every ticed at this election, as at all former elections in free male Indian, who is made a citizen by treaty the Territory. The following table will exhibit or otherwise, and over the age of twenty-one years, and who shall be an inhabitant of the Territory and of the county and district in which samo. Smith and Ed.

Oakley. (265) D. W. Field. (256)

(251) p. 332. (252) Statutes, p. 34. (253) p. 333. (254) he offers to vote, and shall have paid a territori- John Landis. (257) Robert Morrow,

E. Jenkins, B. C.

Westfall. (258) A. White, T. Wolverton, J. Reid. (241) Statutes, page 718. (242) Statutes, page 766. (259) L. M. Cox, L. A. Prather. (260) B. C. Westfall. (243) Statutes, pages 168, 227, 712. (244) 330. (245) (261) E. B. Cook, J. Hamilton. (262) B C. Westfall. 475. (246) Statutes, page 330. (247) p. 333. (248) p. (263) G. F. Warren, H, Niles Moore. (264) J. W. Ste332. (249) pp. 152, 339, 5, 6. (250) p. 469.

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the result of the testimony as regards the number | jority of the votes then cast were either illegal of legal and illegal votes at this election. The or fictitious. In the counties to which our er. County of Marshall embraces the same territory amination extended, there were – illegal votes as was included in the XIth District; and the cast, as near as the proof will enable us to deter. reasons before stated indicate that the great ma- mine.

ABSTRACT OF POLL-BOOKS OF OCTOBER ( 1855.

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No. of Legal Votos... 118*8223283 1982 1111118188

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Douglas

No. of Illegal Votes.. | 118111111131111811881111

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Madison.....
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Shawnee......

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While these enactments of the alleged legisla- “Resolded, That we, the people of Kansas Territory, tive assembly were being made, a movement in mass meeting assembled, irrespective of party dis. was instituted to form a State government, and tinctions, influenced by common necessity, and greatapply for admission into the Union as a State. ly desirous of promoting the common good, do hereby The first step

taken by the people of the Territo call upon and request all bona fide citizens of Kan. ry, in consequence of the invasion of March 30, tions, to consult together in their respective Election

Bas Territory, of whatever political views or predilec1855, was the circulation for signature of a Districts, and in mass convention or otherwise, elect graphic and truthful memorial to Congress. three delegates for each representative to which said Your Committee find that every allegation in Election. District is entitled in the House of Reprethis memorial has been sustained by the testi- sentatives of the Legislative Assembly, by proclamamony: No further step was taken, as it was

tion of Governor Reeder, of date 19th of March, 1855; hoped that some action by the general govern of Topeka, on the 19th day of September, 1855, then

said delegates to assemble in convention, at the town ment would protect them in their rights. When and there to consider and determine upon all subthe alleged legislative assembly proceeded to jects of public interest, and particularly upon that construct the series of enactments referred tu, the having reference to the speedy formation of a State settlers were of opinion that submission to them Constitution, with an intention of an immediate apwould result in depriving them of the rights se plication to be admitted as a State into the Union of cured to them by the organic law. Their politi- the United States of America." cal condition was freely discussed in the Territo

Other meetings were held in various parts of ry during the summer of 1855. Several meetings the Territory, which indorsed the action of the were held in reference to holding a convention to Lawrence meeting, and delegates were selected form & State government, and to apply for in compliance with its recommendations. admission into the Union as a State. Public

They met at Topeka, on the 19th day of Sepopinion gradually settled in favor of such an ap- tember, 1855. By their resolutions they proplication to the Congress to meet in December, vided for the appointment of an Executive Com. 1855. The first general meeting was held in mittee to consist of seven persons, who were reLawrence on the 15th of August, 1855.

quired to keep a record of their proceedings, The following preamble and resolutions were and shall have a general superintendence of the then passed:

affairs of the Territory so far as regards the orWhereas, The people of Kansas have been, since ganization of the State Government." They its settlement, and now are, without any law-making were required to take steps for an election to be power, therefore be it

held on the second Tuesday of the October fol

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lowing, under regulations imposed by that com- ritory, and in nearly every precinct. The State mittee," for members of a Convention to form a movement was a general topic of discussion Constitution, adopt a Bill of Rights for the peo- throughout the Territory, and there was but litple of Kansas, and take all needful measures for the opposition exhibited to it. Elections were organizing a State Government, preparatory to held at the time and places designated, and the the admission of Kansas into the Union as a returns were sent to the Executive Committee. State.” The rules prescribed were such as The result of the election was proclaimed by usually govern elections in most of the States of the Executive Committee, and the members-elect the Union, and in most respects were similar to were required to meet on the 23d day of October, those contained in the proclamation of Gov. 1855, at Topeka. In pursuance of this proclaReeder for the election of March 30, 1855. mation and direction, the Constitutional Conven

The Executive Committee, appointed by that tion met at the time and place appointed, and Convention, accepted their appointment, and en- formed a State Constitution. A memorial to Contered upon the discharge of their duties by issu- gress was also prepared, praying for the admising a proclamation addressed to the legal voters sion of Kansas into the Union under that Constiof Kansas, requesting them to meet at their seve- tution. The Convention

also provided that the ral precincts, at the time and places named in question of the adoption of the Constitution and the proclamation, then and there to cast their other questions be submitted to the people, and ballots for members of a Constitutional Conven required the Executive Committee to take the tion, to meet at Topeka on the 4th Tuesday of necessary steps for that purpose. October then next.

Accordingly, an election was held for that purThe proclamation designated the places of pose on the 15th day of December, 1855, in comelections, appointed judges, recited the qualifica- pliance

with the proclamation issued by the Exetions of voters and the apportionment of mem- cutive Committee. The returns of this election bers of the Convention.

were made by the Executive Committee, and an After this proclamation was issued, public abstract of them is contained in the following meetings were held in every district in the Ter. I table :

ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE

STATE CONSTITUTION, DEC. 15, 1855.

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Lawrence..-..-

348
Blanton.... --------------

72 Palmyra

11 Franklin

48 2 Bloomington

East Douglas 3 Topeka....

135 Washington

42 Brownsville

24 Tecumseh

35
4 Prairie City--

72
5
Little Osage..

21
Big Sugar

18 Neosho....

12 Potawatamie.

39 Little Sugar.

42 Stanton

32 Ossa wattamie.

56 7 Titus....

39
Juniata

30
8
Ohio City

21
Mill Creek

20 St. Mary's....

14 Wau baunsee.------

19 9 Pawnee...

45 Grasshopper Falls.

54 10 Dopiphan

22 Burr Oak.

23 Jesse Padur's..

12 11 Ocena

28 Kickepoo.

20 13 Pleasant Hill.......

47
Indiana

19
Whitfield
14 Wolf River..

24
St. Joseph's Bottom

15 15 Mt. Pleasant

32
16 Easton....

71 2
17 Mission
Total

1731 46
N. B. Poll- Book at Leavenworth was destroyed.

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The Executive Committe then issued a procla- | ded for an election to be held on the 15th day of mation reciting the results of the election of the January, 1856, for State officers and members 15th of December, and at the same time provi. of the General Assembly of the State of Kansas. An election was accordingly held in the several | sent to the Executive Committee. An abstract election-precincts, the returns of which were i of them is contained in the following table :

ABSTRACT OF THE ELECTION OF JANUARY 15, 1856.

Sec. State. Auditor. Treasurer

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PRECINCTS.

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Washington Doniphan... Ossawatamie (sage... Easton... Burr Oak......... St. Joseph's Bottom..---Padon's House Wolf River East Douglas Stanton . Potawatamie Titus .... Blanton. Prairie City Pleasant Hill.. Missiop..... Palmyra Franklin.--Little Sugar Creek Little Osage Topeka.... Tecumseh Brownsville.. Kickapoo Leavenworth Lawrence.. Neosho.... Slough Creek Wyandot ---

Lieut. Gov. M. J. Parrott.-- |!1n111111** | 13323

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S. B. Floyd...

S. B. McKenziell Clerk Sup'ine Court

E. M. Thurston ***SER 131 13

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