the natural and inevitable consequences of such extraordinary systems of emigration, which divided and arrayed the settlers into two great hostile parties, each having an inducement to claim more than was his right, in order to hold it for some new comer of his own party, and at the same time prevent persons belonging to the opposite party from settling in the neighborhood. As a result of this state of things, the great mass of emigrants from the northwest and from other States who went there on their own account, with no other object and influence, by no other motives than to improve their condition and secure good homes for their families, were compelled to array themselves under the banner of one of these hostile parties, in order to insure protection to themselves and their claims against the aggressions and violence of the other.

At the first election held in the Territory, on the 29th day of November, 1854, for a delegate to Congress, J. W. Whitfield was chosen by an overwhelming majority, having received the votes of men of all parties who were in favor of the principles of the Kansas-Nebraska act, and opposed to placing the political destinies of the Territory in the keeping of the Abolition party of the northern States, to be managed through the machinery of their emigrant Aid Companies. No sooner was the result of the election known, than the defeated party proclaimed throughout the length and breadth of the republic, that it had been produced by the invasion of the Territory by a Missouri mob, which had overawed and outnumbered and outvoted the bona fide settlers of the Territory. By reference to the executive journal of the Territory, which will be found in the papers furnished by the President of the United States in response to a call of the Senate, it will be found that Governor Reeder, in obedience to what he considered to be a duty enjoined on him by the act of Congress or ganizing the Territory, on the 10th day of November, 1854, issued a proclamation, prescribing the time, place, and mode of holding the election, and appointing by name three citizens of the Territory, residing in each election district, to conduct the election, in such district, together with the following oath, which was taken by the judges before entering on their duties, to wit:

in the

sponding tally-lists, and if the tally-lists shall agree, the judges shall then publicly proclaim the result, and shall make up and sign duplicate certificates in the form prescribed; and shall certify, under their oaths, that the certificate is a true and correct return of the votes polled by lawful resident voters.

The proclamation also provides that the tickets or votes polled shall, after being counted, be again deposited in the box, together with one copy of the oath, and one list of the voters, and one tally-list, and one certificate of return; and that the judges shall seal them up in the box, and carefully preserve the same until called for by the governor of said Territory, in the event of its correctness being contested; and that the remaining copy of the oath, list of voters, tally-list, and return, will be taken by one of the judges, who shall deliver the same in person to the governor.

The proclamation also provides that, "In case any person or persons shall dispute the fairness or correctness of the return of any election-district, they shall make a written statement, directed to the governor, and setting forth the specific cause of complaint or errors in the conducting or returning of the election in said district, signed by not less than ten qualified voters of the Territory, and with an affidavit of one or more qualified voters to the truth of the fact therein stated; and the said complaint and affidavit shall be presented to the governor on or before the fourth day of December next, when the proper proceedings will be taken to hear and decide such complaint."

By reference to the executive journal of the Territory, we find the following entry:

"December 4, 1854.-The judges of the several election districts made return of the votes polled at the election held on the 29th day of November last, for a delegate to the House of Representatives of the United States; from which it appeared that the votes in the said several districts were as follows, to wit:""

Here follows a list of the votes cast for each candidate in each of the seventeen districts of the Territory, showing that

J. W. Whitfield had received 2,258 votes. 575 All other persons received And on the same page is the following entry: "December 5, 1854.-On examining and collating the returns, J. W. Whitfield is declared by the governor to be duly elected delegate to the House of Representatives of the United States, and the same day the certificate of the governor, under the seal of the Territory, issued to said J. W. Whitfield of his election."

make a true and faithful return of the votes which

The same proclamation pointed out in detail the mode in which the election should be conduct ed; and, among other things, that the polls will be opened for reception of votes between eight and ten o'clock, a. in., and kept open continually until six o'clock, p. m.; that the judges will keep two corresponding lists of persons who shall vote, numbering each name; that when a dispute arises as to the qualifications of a voter, the judges shall examine the voter or any other persons, under oath, upon the subject, and the decision of a majority of the board will be conclusive; that when the election shall close, the judges shall open and count the votes, and keep two corre

It nowhere appears that Gen. Whitfield's right to a seat by virtue of that election was ever contested. It does not appear that "ten qualified voters of the Territory" were ever found who were willing to make the "written statement directed to the governor, with an affidavit" of one or more qualified voters to the "truth of the facts therein stated," to "dispute the fairness or cor

cause of complaint or errors in the conducting or returning of the election," in any one of the seventeen districts of the Territory. Certain it is, that there could not have been a system of fraud and violence such as has been charged by the agents and supporters of the emigrant aid societies, unless the governor and judges of election were parties to it; and your committee are not prepared to assume a fact so disreputable to them, and so improbable upon the state of facts presented, without specific charges and direct proof. In the absence of all proof and probable truth, the charge that the Missourians had invaded the Territory and controlled the congressional election by fraud and violence, was circulated throughout the Free States, and made the basis

of the most inflammatory appeals to all men opposed to the principles of the Kansas-Nebraska act to emigrate or send emigrants to Kansas, for the purpose of repelling the invaders, and assisting their friends who were then in the Territory in putting down the slave power, and prohibiting Slavery in Kansas, with the view of making it a Free State. Exaggerated accounts of the large number of emigrants on their way under the auspices of the emigrant aid companies, with the view of controlling the election for members of the territorial legislature, which was to take place on the 30th of March, 1855, were published and circulated. These accounts being republished and believed in Missouri, where the excitement had already been inflamed to a fearful intensity, induced a corresponding effort to send at least an equal number, to counteract the apprehended result of this new importation. Your committee have not been able to obtain definite and satisfactory information in regard to the alleged irregularities in conducting the election, and the number of illegal votes on the 30th of March; but, from the most reliable sources of information accessible to your committee, including various papers, documents, and statements. kindly furnished by Messrs. Whitfield and Reeder, rival claimants of the delegate's seat in Congress for Kansas Territory, it would seem that the facts are substantially as follows:

persons

The election was held in obedience to the proclamation of the governor of the Territory, which prescribed the mode of proceeding, the form of the oath and returns, the precautionary safeguards against illegal voting, and the mode of contesting the election, which were, in substance, the same as those already referred to in connection with the congressional election. When the period arrived for the governor to canvass the returns, and issue certificates to the elected, it appeared that protests had been filed against the fairness of the proceedings and the correctness of the returns, in seven out of the eighteen election-districts into which the Territory had been divided for election purposes, alleging fraudulent and illegal voting by persons who were not actual settlers and qualified voters of the Territory. It also appears, that in some of these contested cases, the form of the oath administered to the judges, and of the returns made by them, were not in conformity to the proclama tion of the governor. After a careful investigation of the facts of each case, as presented by the returns of the judges, and the protests and allegations of all persons who disputed the fairness of the election and the correctness of the returns, the governor came to the conclusion that it was his duty to set aside the election in these seven disputed districts; the effect of which was, to create two vacancies in the council, and nine in the House of Representatives of the Territory, to be filled by a new election; and to change the result so far as to cause the certificate for one councilman and one representative to issue to different persons than those returned as elected by the judges. Accordingly the governor issued his writs for special elections, to be held on the 24th of May, to fill those vacancies, and, at the same time, granted certificates of election to eleven councilmen and seventeen representatives, whose election had not been contested, and whom he adjudged to have been fairly elected. At the special election to fill these vacancies, three of the persons whose election on the 30th of March had been set aside for the reasons already stated, were re-elected, and in the other districts different persons were returned; and the governor having adjudged them to have been duly elected, accordingly granted them certificates of election, thus making the full complement of thirteen councilmen and twenty-six representatives, of

whom, by the organic law of the Territory, the legislature was to be composed. On the 17th day of April the governor issued his proclamation, summoning these thirteen councilmen and twenty-six representatives, whom he had commissioned as having been fairly elected, to assemble at Pawnee City on the 2nd day of July, and organize as the legislature of the Territory of Kansas.

It appears from the journal that the two Houses did assemble, in obedience to the Governor's proclamation, at the time and place appointed by him; and, after the oath of office had been duly administered by one of the judges of the supreme court of the Territory, to each of the members who held the Governor's certificate, proceeded to organize their respective houses by the election of their officers; and each notified the other, by resolution, that they were thus duly organized. Also, by joint resolution, appointed a committee who waited on the Governor, and informed him that "the two houses of the Kansas Legislature are organized, and are now ready to proceed to business, and to receive" such communication as he may deem necessary.

In response to this joint resolution, "a message from the Governor, by Mr. Higgins, his private secretary, transmitting his message, was received, and ordered to be read."

The message commences thus:

"To the Honorable the Council and House of Representatives of the Territory of Kansas:

"Having been duly notified that your respective bodies have organized for the performance of your of ficial functions, I herewith submit to you the usual executive communication relative to subjects of legislation, which universal and long-continued usage in analogous cases would seem to demand, although no express requirement of it is to be found in the act of

Congress which has brought us into official existence, and prescribed our official duties.

"The position which we occupy, and the solemn trust which is confided to us for originating the laws and institutions, and moulding the destinies of a new republic in the very geographical centre of our vast with a deep and solemn sense of the heavy responsiand magnificent confederation, cannot but impress us bility which we have assumed. and admonish us to lay aside all se fish and equivocal motives, to discard all unworthy ends, and, in the spirit of justice and charity to each other, with pure hearts, tempered feelings, and sober judgments, to address ourselves to our task, and so perform it in the fear and reverence of that God who oversees our work, that the star that we expect to add to the national banner shall be dimmed by no taint or tarnish of dishonor, and be subject to no reproach save that which springs from the inevitable fallibility of just and upright men.'

The Governor, with the view to the " ascertainment of the existing law" in the Territory, proceeds to trace the history of all legislation affecting it since the country was acquired from France, and advises the legislature to pass such laws as the public interest might require upon all appropriate subjects of legislation, and particularly the Slavery question, the division of the Territory into counties, the organization of county courts, the election of judicial and ministerial officers, education, taxes, revenues, the location of the permanent seat of government, and the organization of the militia, as subjects worthy of their immediate attention.

From this message, as well as from all the of ficial acts of the Governor preceding it, having reference to the election and return of the members and the convening of the two houses for legislative business, the conclusion is irresistible, that up to this period of time the Governor had never conceived the idea-if, indeed, he has since entertained it-that the two houses were spurious and fraudulent assemblies, having no rightful

On the 4th day of July, (being the third day of the session,) the majority of the committee, including four of the five members, reported that, HAVING HEARD AND EXAMINED ALL THE EVIDENCE TOUCHING THE MATTER OF INQUIRY BEFORE THEM, and taking the organic law of Congress, passed on the 20th day of May, in the year 1854, organizing the Territories of Kansas and Nebraska," as their guiding star, they have arrived at the conclusions which they proceed to elucidate and enforce in a lengthy report. From this report, it appears that fifteen out of twentytwo members present were permitted to retain their seats by unanimous consent, no one appearing to contest or dispute the fairness of the elec. tion, or regularity or truthfulness of the return, in either of their cases. Hence the contest was reduced to the claims of one member who received the certificate under the general election of the 30th of March, and the six members present who received certificates under the special election of the 24th of May. In the first case the decision of the Governor was reversed, and the seat awarded to the candidate who received the highest number of votes at the election of the 30th of March, and from whom the certificate had been withheld by the Governor, upon the ground of irregularity in the election and returns from one precinct, the exclusion of which poll gave the majority to the opposing candidate. In the other six cases, the sitting members were depriv. ed of their seats; and the candidates receiving the highest number of votes at the general election on the 30th of March, were awarded their places, upon the ground that the special election on the 24th of May was illegal and void, the Governor not being authorized, by the organic law of the Territory, to go behind the returns, and set aside the election held on the 30th of March. The minority report dissents from the reasoning, and protests against the conclusions of the majority, and affirms the right of the sitting members to retain their seats, upon the ground that the governor's certificate was not merely prima facie evidence, but was conclusive, in respect to the rights of all claimants and contestants; and nence the house could not go behind the certificates of election to inquire whether there had been a previous election in those districts on the 30th of March, and who had received the highest number of legal votes at that election. The proposition is thus stated in the minority report: "I cannot agree that this body has the right to go behind the decisions of the governor, who, by virtue of his office, is the organizing federal arm of the general government, to evolve and manage a new government for this Territory, for the obvious reason that Congress makes him the sole judge of the qualifications for membership." It is true that the minority report, alludes to "evidence before the committee of great deficiencies, not in the form of conducting the elections, but in the manner of holding them, both as to the qualifications of the judges who presided, and the returns made out by them," and says there is no doubt that these illegal proceedings on the one hand induced the governor to withhold certificates from some who, from the number of votes returned in their favor, might at the same time appear to have been properly elected, and on the

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other, to have been the ground on which he presented a certificate in one instance, and in another ordered a new election in reference to other districts." But while the minority report affirms the right of the governor to go behind the returns and investigate irregularities and illegal voting at the election, as well as deficiencies in the forms of the returns, and asserts that he did exercise this right in each case in which he granted or withheld a certificate, it maintains that the governor's decision, as evinced by his certificate, was final and conclusive and could not be reviewed, much less reversed, by either branch of the Territorial legislature. So far as the question involves the legality of the Kansas legislature, and the validity of its acts, it is entirely immaterial whether we adopt the reasoning and conclusions of the minority or majority reports; for each proves that the legislature was legally and duly constituted. The minority report establishes the fact, by the position that the governor's certificate was conclusive, and that he granted certificates to ten out of the thirteen councilmen, and to seventeen out of the twentysix representatives who finally held their seats, which was largely more than a quorum of each branch of the legislature. The majority report establishes the same fact, by the position that after going behind the governor's certificate, and carefully examining the facts, they confirmed these same ten councilmen and seventeen representatives in their seats, and then awarded the seats of the other three councilmen and nine representatives to the candidates whom they believed to have been legally elected at the general election on the 30th of March.

The house, by eighteen votes in the affirmative to one vote in the negative, passed a resolution adopting the majority report, and declaring that the contestants "having been duly elected on the 30th of March, 1855, are entitled to their seats as members of this house." Whereupon four of the sitting members, whose seats were vacated by the adoption of the majority report, signed a protest, and asked that it be spread on the journal of the house, which was accordingly done in the following words:

"Protest.

"We, the undersigned, members of the House of Representatives of Kansas Territory, believe the organic act organizing the said Territory gives this house no power to oust any member from this house who has received a certificate from the governor; that this house cannot go behind an election called by the

governor, and consider any claims based on a prior election. We would therefore protest against such a proceeding, and ask this protest to be spread upon the journal of this house.

"JOHN HUTCHINSON, WILLIAM JESSEE, AUGUSTUS WATTLES, E. D. LADD."

Under date of July 6, the journal contains a message from the governor to the "house of representatives of the Territory of Kansas," returning "house bill entitled 'An act to remove the seat of government temporarily to the Shawnee Manual Labor School, in the Territory of Kansas,' together with his objections." While the governor, in assigning his reasons for returning the bill, labors to prove that the legislature had transcended its authority under the organic act, in adopting this particular measure, and argues against its expediency, on the score of the loss of time and money in removing to a different place during the session, he clearly and distinctly recognizes the council and house of representatives as constituting the legislature of the Territory of Kansas, elected and organized in conformity to the act of Congress creating the Territory.

The reasons of the governor for returning the

bill, was spread upon the journal, and upon re. consideration, it was passed by a two-thirds' vote in each branch of the legislature, and thus be came the law of the land, "the objections of the governor to the contrary notwithstanding.'

On the same day the following resolution was adopted by both houses:

Resolved by the House of Representatives of the Territory of Kansas, (the Council concurring therein,) That the legislature of said Territory do adjourn on the 6th day of July, A. D. 1855. to meet again on Monday, the 16th day of July, 1855, at 2 o'clock, P. M., at the Shawnee Manual-labor School, in the said Territory."

And on the same day the following resolution was also adopted by both houses:

"Resolved, That a Committee of three be appointed on the part of the Council, to act in conjunction with a Committee on the part of the House of Representatives, to inform his excellency the Governor that the Legislative Assembly will adjourn this afternoon, to meet on Monday, the 16th instant. at the Shawnee Manual-labor School, in the Territory of Kansas."

On the 16th of July, the two houses assembled, in pursuance of the adjournment, at the Shawnee Manual labor School, known as Shawnee Mission, and proceeded to the discharge of their legisla tive duties. In the mean time the Governor had also repaired to Shawnee Mission, it being the place of his residence in the Territory, and the seat of the executive offices as established and continued by himself, during the whole period he exercised the executive functions.

On the 21st of July, a message was received from the Governor, by his private secretary, Mr. Lowry, directed "To the House of Representatives of the Territory of Kansas," in which he says: "I return to your House, in which they originated, the bill entitled 'An act to prevent the sale of intoxicating liquors, and games of chance, within one mile of the Shawnee Manuallabor School, in the Territory of Kansas,' and the bill entitled 'An act to establish a ferry at the town of Atchison, in Kansas Territory,' without my approval. I see nothing in the bills themselves to prevent my sanction of them, and my reasons for disapproval have been, doubtless, anticipated by you, as necessarily resulting from the opinion expressed in my message of

the 6th instant."

The Governor then proceeds to argue the question at great length, whether the legislature is now in session at a place which can be recognized as a seat of government, where the business of legislation can be legally or legitimately carried on.

He does not question the fairness and legality of the election of the members composing the legislature; nor the regularity and validity of their organization; nor their competency as a legislature to pass all laws which they may deem necessary and proper for the best interests of the people of Kansas, provided it shall be done at the right place. Upon this point he says: "It seems to be plain that the legislature now in

session, so far as the place is concerued, is in contravention of the act of Congress, and where they have no right to sit, and can make no valid legislation. Entertaining these views, I can give no sanction to any bill that may be passed; and if my reasons are not satisfactory to the Legislative Assembly, it follows that we must act independently of each other."

In conclusion the Governor says:

"If I am right in these opinions, and our Territory shall derive no fruits from the meeting of the present Legislative Assembly, I shall at least have the satisfaction of recollecting that I called the attention of the Assembly to the point before they removed, and that the responsibility, therefore, rests not on the

Executive."

The Governor having thus suspended all offi. cial intercourse with the two branches of the

legislature, refusing to examine their acts with a view of either approving or disapproving them, they appointed a joint committee of the two houses to draught a memorial to the Presi dent of the United States, asking his removal from the office of governor; which memorial was signed by the presiding officers and members in joint session. The memorialists, after reviewing the causes which had led to such serious difficulties, and vindicating the right of the legislature, under the organic act, to remove the seat of government from Pawnee City to Shawnee Mission, concluded as follows:

Reeder, with willful neglect of the interests of the "In conclusion, we charge the Governor, A. H. Territory; with endeavoring, by all means in his power, to subvert the ends and objects intended to be accomplished by the Kansas and Nebraska bill,' by neglecting the public interests and making them subservient to private speculation; by aiding and encouraging persons in factious and treasonable opposition to the wishes of the majority of the citizens of the Territory, and the laws of the United States in force in said Territory; by encouraging persons to violate the laws of the United States. and set at defiance the commands of the general Government; bv inciting persons to resist the laws which may be passed by the present Legislative Assembly of this Territory. For these, excellency to remove tue said A. H. Reeder from the and many other reasons, we respectfully pray your exercise of the functions now held by him in said Territory; and represent that a continuance of the same will be prejudicial to the best interests of the said Territory And, as in duty bound, we will ever pray," etc., etc.

[Signed by the officers and members of both houses.] On the 15th of August, Governor Reeder addressed a note to the Department of State, acknowledging the receipt of a communication from the acting Secretary, under date of the 28th July, in which he was notified that "in consequence of your [Governor Reeder's] purchase of Kansas half-breed lands," and "more especially the undertaking of sundry persons, yourself included, to lay out new cities on military or other reservations in the Territory of Kansas," and "more particularly, as you have summoned the Legislative Assembly of the Territory to meet at one of the places referred to, denominated in your official proclamation 'Pawnee City,' I have, therefore, by the direction of the President, to notify you that your functions and authority as Governor of the Territory of Kansas are hereby terminated."

On the 16th of August, the journal of the House of Representatives says:

"The following message was received from Governor A. H. Reeder, by Mr. Lowry, his private secretary:

"To the honorable the members of the Council and House of Representatives of the Territory of Kansas:

"GENTLEMEN: Although, in my message to your bodies under date of the 21st instant, (ult.) I stated that I was unable to convince myself of the legality of your session at this place, for reasons then given;

and although that opinion still remains unchanged, yet, inasmuch as my reasons were not satisfactory to your body, and the bills passed by your houses have been up to this time sent to me for approval, it is proper that I should inform you that after your adjournment of yesterday I received official notification that my functions as governor of the Territory of Kansas were terminated. No successor having arrived, Secretary Woodson will of course perform the duties of the office as acting governor.

"A. H. REEDER."

Inasmuch as Governor Reeder dissolved his official relations with the legislature, and denied the validity of their acts, solely upon the ground that they were enacted in the wrong place, it becomes material to inquire whether it was competent for them, under the organic act, to remove the seat of government temporarily from "Pawnee City" to the Shawnee Mission. The 24th