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McGee, M. C. Dickey, W. R. Frost, W. A. Sumnerwell,'S. McWhinney, S. T. Shores, S. R. Baldwin, David Rees, D. W. Cannon, Isaac Landers, J. M. Arthur, II. H. Williams, II. W. Labor, A. B. Marshall, J. D. Adams, T. W. Platt, Rees Furby, B. H. Brock, John Landis, E. R. Zimmerman, W. T. Burnett, L. P. Patty, F. A. Minard, Isaac Cady, Thomas Bowman, J. Brown, jr., Henry Todd, J. Hornby, Abraham Barre, Richard Murphy, William Hicks, B. R. Martin, William Bayliss, J. W. Stevens, J. K. Edsaul, S. J. Campbell, S. Goslin, II. B. Strandiford, Isaac B. Higgins, T. J. Addis, D. Toothman, William McClure, J. B. Wetson, William B. Wade, A. Jameson, A. D. Jones, William Crosby, S. Sparks, R. P. Brown, A. Fisher.

CHAPTER XXVIII.

CONGRESS INVESTIGATING COMMITTEE.

The thirty-fourth Congress assembled on the 3d day of December, 1855. In the House neither party had a majority; the Senate was strongly pro-slavery. Congress partook of the excitement in which Kansas was involved, and which affected the whole country. Nine weeks were consumed in repeated efforts by the House to elect its Speaker. Finally a majority voted that the plurality rule should be applied to end the contest, whereupon Mr. N. P. Banks was elected. This was regarded as an anti-slavery triumph.

On the 4th of February Mr. Whitfield appeared as the duly elected delegate from Kansas Territory, was sworn in and took his seat in the House of Representatives. Mr. Reeder then came forward and gave notice that he would contest the seat of Mr. Whitfield, as the duly elected delegate from Kansas Territory. The latter claimed his seat because elected according to law, the former, because elected by the settlers of Kansas Territory.

The House, which had the power to determine the qualification of its members, chose not to trust to conflicting rumors in regard to Kansas affairs, but appointed a committee on the 19th of March to proceed to the scene of difficulties and take depositions in regard to them. The following are the resolutions of the House providing for the committee:

"March 19, 1856.

"Resolved, That a committee of three of the members of this House, to be appointed by the Speaker, shall proceed to inquire into and collect evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud or force attempted or practiced, in reference to any elections which have taken place in said Territory, either under the law organizing said Territory, or under any pretended law which may be alleged to have taken effect therein since. That they shall fully investigate and take proof of all violent and tumultuous proceedings in said Territory at any time since the passage of the Kansas-Nebraska act, whether engaged in by residents of said Territory, or by any person or persons from elsewhere, going into said Territory, and doing or encouraging others to do any act of violence or public disturbance against the laws of the United States, or the rights, peace and safety of the residents of said Territory, and for that purpose said committee shall have full power to send for and examine and take copies of all such papers, public records and proceedings as in their judgment shall be useful in the premises; and, also, to send for persons and examine them on oath or affirmation as to matters within their knowledge touching the matters of said investigation; and said committee, by their chairman, shall have power to ad minister all necessary oaths or affirmations connected with their aforesaid duties.

"Resolved, further, That said committee may hold their investigations at such places and times as to them may seem advisable, and that they have leave of absence from the duties of this House until they shall have completed such investigation. That they be authorized to employ one or more clerks and one or more assistant sergeantsat-arms to aid them in their investigations; and may administer to them an oath or affirmation faithfully to perform the duties assigned to them respectfully, and to keep secret all matters that may come to their knowledge, touching such investigation as said committee shall direct, until the report of the same shall be submitted to this House; and said committee may discharge any such clerk or assistant sergeant-at-arms, for neglect of duty or disregard of instructions in the premises, and employ others under like regulations.

"Resolved, further, That if any person shall in any manner obstruct or hinder said committee, or attempt to do so in their said investigation, or shall refuse to attend on said committee, and to give evidence when summoned for that purpose, or shall refuse to produce any paper, book, publie record, or other proceeding in their possession or control, to said committee when so required, or shall make any disturbance where said committee are holding their sittings, the said committee may, if they see fit, cause any and every such person to be arrested by said assistant sergeant-at-arms and brought before this House, to be dealt with as for contempt.

"Resolved, further, That, for the purpose of defraying the expenses of said commission, there be and hereby is appropriated the sum of ten thousand dollars ($10,000) to be paid out of the contingent fund of this House.

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Resolved, further, That the President of the United States be and is hereby requested to furnish to said committee, should they be met with any serious opposition by bodies of lawless men, in the discharge of their duties aforesaid, such aid from any military force as may at the time be convenient to them, as may be necessary to remove such opposition, and enable said committee, without molestation, to proceed with their labors.

"Resolved, further, That when said committee shall have completed said investigation, they report all the evidence so collected to this House."

The following gentlemen were appointed members of this committee by the Speaker: Messrs. John Sherman, of Ohio; William A. Howard, of Michigan, and Mordecai Oliver, of Missouri. The committee, with four clerks, one reporter, and three sergeants-at-arms, arrived at Lecompton on the 18th of April, and immediately entered upon their work. Messrs. Reeder and Whitfield were requested to be present at the examination of witnesses, and to subpoena such witnesses as they chose. Many public papers and documents at Lecompton were authorized to be copied by the Committee. On the 23d of that month they met at Lawrence, where they began taking depositions. After

taking sixty-four they adjourned successively to the following places, and continued their examinations: Tecumseh, Lawrence, Leavenworth City, Westport, steam boat "Polar Star," Detroit, New York and Washington. They were absent four months, and took three hundred and twentythree depositions, and gathered a mass of various documents, all tending to throw light upon the affairs of KanTheir report was published in full, making a large octavo volume of twelve hundred and six pages, and containing an exposition of the most flagrant crimes and wanton outrages ever perpetrated in America. The committee reported "the following facts and conclusions as established by the testimony: "

sas.

"First, That each election in the Territory, held under the organic or alleged Territorial law, has been carried by organized invasion from the State of Missouri, by which the people of the Territory have been prevented from exercising the rights secured to them by the organic law.

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Second, That the alleged Territorial Legislature was an illegally constituted body, and had no power to pass valid laws, and their enactments are therefore null and void.

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Third, That these alleged laws have not, as a general thing, been used to protect persons and property and to punish wrong, but for unlawful purposes.

"Fourth. At the election under which the sitting delegate, John W. Whitfield, holds his seat, was not held in pursuance of any valid law, and that it should be regarded only as the expression of the choice of those resident citizens who voted for him.

"Fifth. That the election under which the contestant delegate, Andrew H. Reeder, claims his seat, was not held in pursuance to law, and that it should be regarded only as the choice of the resident citizens who voted for him.

"Sirth. That Andrew II. Reeder received a greater number of votes of resident citizens than John W. Whitfield for delegate.

"Seventh. That in the present condition of the Territory a fair election can not be held without a new census, a stringent and well guarded election law, the selection of im

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