Leavenworth County, 3; Atchison, 1; Brown, Nemaha, Marshal, Pottawottomie and Riley, with all that part of the Territory which lies west of Marshal, Riley and Davis Counties, 2; Jefferson and Calhoun, 2; Douglas and Johnson, 3; Shawnee, Richardson,' Davis, Wise, Breckenridge,' Bourbon, Godfrey, Wilson, Dorn, McGee, Butler, Hunter, Greenwood, Madison, Weller, Coffey, Woodson and Allen, 2; Anderson, Lykins, Linn and Franklin, with all the Territory lying west of Wise, Butler and Hunter, 1; making in all 13 Councilmen.

The apportiontment of members for the House of Representatives was equally unfair. Leavenworth County had 8, whereas Douglas and Johnson, together with all the vast country west of what is now Morris, Chase and Butler, only 8; Doniphan had 5, and Atchison 3, while thirteen other counties, among which were Anderson, Franklin Allen and Bourbon, had but 3; Linn and Lykins had 2 apiece; Jefferson County 2, and Shawnee 1.

This apportionment was decidedly against the free state men, and comprised their chief embarrassment. It darkened their prospect of success, though they were double in numerical strength to their opponents. "It showed an unquestionable determinatlon to introduce voters from abroad. Sixteen counties, strongly free state, containing nearly onehalf the entire population of the Territory, are not allowed a single representative in either branch. Of the thirteen members of the Council, all but three, and of thirty-nine members of the House of Representatives, all but ten, are elected in districts bordering on the Missouri line. Topeka is connected with Fort Scott, and Lawrence is attached to Shawnee Mission, adjoining Westport. The Lawrence and Doniphan districts are also made to embrace an indefinite extent of country, having no geographical connection whatever with them, away in the region of the Rocky Mountains, occupied only by Indian trading posts, here and there,

(1) Waubansee, (2) Morris. (3) Lyons.

at which fictitious precincts may be made, and from which fictitious returns may be sent in, at anytime after the election, to overcome the free state vote. Besides these things, our enemies have complete possession of the machinery of the election. Establishing places for voting, appointing the judges, canvassing the returns, declaring the result of the election, and all other matters of detail, are in the hands of county commissioners, who were themselves elected by fraud and violence from Missouri. Mr. Abel, partner of Mr. Atchison, says that Kansas will not be given up, and General Atchison sounds the note of renewed preparation. to South Carolina, and declares that with one more effort, the work is done.""

The qualifications of an elector, it was feared, would disfranchise many free state men. A residence of six months in the Territory was required, which would cut off from voting the vast immigration that had come in from the free States during the spring and summer. Judge Cato had just decided that all voters would be required to pay the Territorial tax, though Governor Walker held to the contrary.

But the Federal Government had recognized the Territorial Legislature as legitimate, which tended greatly to preclude the success of the Topeka Constitution. Should the free state men be victorious in the coming election they would have obtained all they sought by the State organization. Should they be defeated, they would stand the same chance of triumph under the Topeka government. They had, therefore, little to loose and much to gain by going into an election. With nothing but the oft repeated pledges of Governor Walker, for fairness and justice, to insure their success, they hesitatingly fell in with the idea of contesting the election.

The Mass and Delegate Conventions assembled at Grasshopper Falls on the 26th of August, "in a grove near the village." It was an important assemblage, and was a crisis

in the history of the Territory. G. W. Smith was chairman of the Mass Convention, and W. Y. Roberts of the Delegate Convention. Spirited discussions were awakened by the proposition to contest the October election. Conway, Phillips and Redpath were the principal opponents; while Robinson, Lane, Pomeroy, Holliday, Smith, and others, favored it. Governor Robinson held that "the Territorial form of government was legitimate, and that although our present form of government was the offspring of fraud, yet it was recognized by the Federal Government, and before the United States Courts it was useless to contestthat there was no way of getting rid of it so effectually as by the ballot-box-and that in the measure contemplated, so far from abandoning the State government, we are actually forwarding it by preparing, in a legal and legitimate manner, to put its opponent out of the way."

"Mr. Phillips was opposed to the resolution, representing that a requirement of six months' residence, the registration, and the territorial tax, together with an irruption of previously registered voters from Missouri, rendered utterly impossible any prospect of success." He concluded by offering a resolution, that, should the free state men gain possession of the legislative powers of the Territory at the coming election, they should use them to destroy the old Territorial Government, and to establish that under the Topeka constitution.

The following are the resolutions passed by the Mass Convention:

"WHEREAS, It is of the most vital importance to the people of Kansas, that the Territorial government should be controlled by the bona fide citizens thereof; and whereas, Governor Walker has repeatedly pledged himself that the people of Kansas should have a full and fair vote, before impartial judges, at the election to be held the first Monday in October, for Delegate to Congress, members of the Legislature, and other officers. Therefore

“Resolved, That we, the people of Kansas, in Mass Convention assembled, agree to participate in said election.

"Resolved, That in thus voting, we rely upon the faithful fulfillment of the pledge of Governor Walker; and that we, as heretofore, protest against the enactments forced upon us by the voters of Missouri.

"Resolved, That this mass meeting recommend the appointment of a committee to wait upon the Territorial authorities, and urgently insist upon a review and correction of the wicked apportionment endeavored to be forced upon the people of Kansas, for the selection of members of the Territorial Legislature.

"Resolved, That General J. H. Lane be authorized and empowered to tender to Governor Walker the force organized by him under the resolution passed by the convention held at Topeka on the 15th of July last, to be used for the protection of the ballot-box."

General Lane, with characteristic adroitness, lingered on the outskirts of the convention until he saw the direction which the current of public opinion would take, then mounted the platform and made a flaming speech in favor of contesting the election.

M. F. Conway, opposing the proposed contest, "argued at length upon the impracticability of the proposition to vote, that to enter into that contest would be virtually abandoning the State government and Topeka constitution, which had so long been the efficient rallying cry of the free state party; that in doing so we take a step backward in our political history, which he feared it impossible ever to retrace. As a matter of principle, he feared the free state party, by so doing, would stultify itself, and render itself ignominous in the eyes of the lovers of freedom. As a measure of policy, he could see but one issue, and that was defeat."

Judge Smith favored participating in the election, and remarked, although "under very unfair and unusual restrictions, he yet considered it their duty to go to the polls in October next and vote, and he was confident that with pro

per organization and exertion, there was no question as to their complete triumph." "That it was necessary to contest the election, in order to satisfy our friends in the free States, since we had represented to them that we were numerically greater than our opponents, and since Governor Walker gave every assurance of fairness and justice, which was all we had asked."

The Delegate Convention nominated M. J. Parrott as candidate for Delegate to Congress, appointed a Territorial Executive Committee of twenty members, to have their of fice at Lawrence, five of whom should constitute a quorum, for the transaction of business, and recommended to the citizens of each voting precinct to choose a committee of three persons, who should keep a record of all the votes. cast, those refused and the reasons of refusal, and that citizens be present in sufficient numbers to sustain such a committee.

The free state men entered upon this contest little sanguine of success. In their addresses to the people of the country they said. "With the administration against us-with onehalf of the six months voters virtually disfranchised; with an election law framed expressly to keep the newly arrived emigrants from the polls; with the hellish system of districting staring us in the face; with most of the officers of the election Border Ruffians of the deepest dye; with the slave party of Missouri boldly avowing, through General Atchison, their determination to invade us; with only the already half violated pledge of Governor Walker to rely on, we do not feel at liberty to cherish a very lively expecation of a fair election."

The election on the 5th of October, notwithstanding the obstacles, resulted in favor of the free state men. Many of them, disdaining to act under the direction of the Territorial Legisiature, or having no hope of success, refused to vote. There were nine free state men and four pro-slavery men elected to the Council, and twenty-five free state men