It was a question of considerable discussion among the free state men, "Should they contest the election?" In case the Territory should be admitted into the Union as a State by Congress, it would leave the successful party at the election in control of the State Government for the next four years beyond all legal remedy. On the other hand it was extremely odious and humiliating to so far recognize the Lecompton swindle as to vote under its appointment and control.

A delegate convention, called and assembled at Lawrence, on the 2d of December, for the purpose of considering this question, declared, "this election a crime and a misdemeanor against the peace of the Territory and the will of the majority;" that they re-endorse the Topeka Constitutian and that after it receives the sanction of the people at an election appointed by the present Legislature, they "will maintain it against all opposition."

The design in calling this convention was to determine whether free state men should vote at the State election about to be held; but as the Governor had, between the calling and the assembling of the convention, issued his proclamation convening the Legislature in extra session, when the delegates met, they hoped that the Legislature might find a remedy to relieve their present embarrassment and danger and, hence, they adjourned without taking any decisive action upon the subject. It was manifest, however, that a majority were opposed to voting at the January election.

But the Legislature having assembled and found itself utterly unable to remove the difficulties, at the call of the Chairman of the Territorial Executive Committee the free state convention again convened on the 23d of the same month and for the same purpose as on the former occasion. It remained in session two days, during which time the discussion was interesting and lively. The vote was taken on the second day in reference to participating in the coming

election; forty-seven recording their votes in favor of it and forty-four against it. "But by an arrangement the vote was counted by districts, by which one or more persons cast the entire vote of his district. In this manner the result was declared sixty-four yeas, to seventy-five nays, and upon this report the convention refused to contest the election."

An incident occurred during this convention, that well illustrates the political tactics of General Lane. Those in favor of contesting the election, had been sanguine of carrying their point, and everything indicated that they would be successful, until shortly before the convention adjourned. The debate had been intensely earnest and exciting. General Lane readily saw that the non-contestants were defeated in debate. With a ready ingenuity, he contrived and dexterously executed a piece of strategy. Just before the convention took a final vote upon the question of contesting the election, a messenger, urging forward a jaded and foaming steed, came riding into town, and inquired in a hurried and excited manner for the convention. He soon stood upon the platform before that body, trembling, and apparently almost exhausted with fatigue, and related, in a seemingly very truthful manner, that the Border Ruflians had begun the war of extermination in south-eastern Kansas, that they had routed the free state forces with great slaughter, and were laying waste the country with fire and sword, and that he had ridden night and day to receive assistance at their hands. Then in the most dramatic style asked, "Will you stand here idly debating an election question, while your brethren, weakened and disorganized, with homes made desolate and families scattered, are calling for help?" After a speech from Lane, of the wildest sublimity, the convention, in some confusion and excitement, voted upon the main question, with the result as before shown.

Many were not satisfied with the result of the convention's deliberations, feeling that it had been imposed upon

by political schemers. Immediately upon its adjournment, a few of this class met in G. W. Brown's cellar kitchen, in what they called "mass convention," but which their opponents denominated "Bolter's Convention." They resolved to participate in the election, and, in an address to the public, urged upon all opposed to the Lecompton Constitution, to unite with them in electing the candidates nominated by that convention. The following is their ticket of nominations: Governor, G. W. Smith; Lieutenant-Governor, W. Y. Roberts; Secretary of State, P. C. Schuyler; Treasurer, A. J. Mead; Auditor, J. K. Goodin; Congress, M. J. Parrott. These candidates pledged the Convention, that in case of their election and the admission of Kansas into the Union under the Lecompton Constitution, "to adopt and execute immediate measures for enabling the people, through a constitutional convention, to obtain such a constitution as the majority will approve." It was the distinct and explicit understanding, that if these candidates were elected, they should never act officially under the Lecompton government.

Seeing a desire and determination on the part of a large portion of the citizens to participate in the election, local conventions were held, and generally those not opposed to the October election united to help elect the ticket of the "Bolters,"

This election, like that of October, resulted decidedly in favor of the free state men. They elected the State officers by the following majorities: Governor, 330; Lieutenant Governor, 501; Secretary of State, 301; Treasurer, 371; Auditor, 304; Representative in Congress, 696. For the Senate they elected 13 members, while the opposite party elected but 6; for the House they elected 29 members, proslavery men 15. The free state Governor received 6,875 votes, and his opponent 6,545, of which more than half were fraudulent. Says the President of the Council and Speaker of the House, who witnessed with Governor Denver the

counting of the votes, in announcing the result, "This triumph was accomplished by a party greatly distracted on the subject of voting under a constitution that they hate, and loath, and abhor, to the centre of their hearts, with a short and imperfect notice that failed to reach many of the more distant districts. These causes together, it is safe to say, reduced the free state vote to the extent of 5,000 votes."

The State officers thus elected immediately prepared a memorial to Congress, urging upon that body not to admit Kansas into the Union under the Lecompton Constitution.

The free state Legislature assembled at Topeka on the 5th of January, and organized by electing Harris Stratton Speaker of the House and J. R. Root President of the Senate. Governor Robinson sent in his message in which he urged that the State organization should be preserved intact, ready for any emergency. The second day they adjourned to Lawrence, where they hoped to constrain the Territorial Legislature to remove all legal obstructions to the practical establishment of the State government. The design was to have the Missouri code of laws repealed, and a new one enacted by the Territorial Legislature, which the General Government recognized as legitimate, and for it then to give way to the active and practical application of those laws by the State organization, "thus making the former a stepping stone to the latter."

On arriving at Lawrence they presented the following communication, which had passed the House and Senate, to the Territorial Legislature:

"WHEREAS, The people of Kansas, in the absence of any legitimate government, originated at Topeka, on the 23d day of October, 1855, a State constitution, and, subsequently, elected officers under the same; and

"WHEREAS, The people have, on certain occasions, affirmed and re-affirmed said constitution and government, and have elected the present State officers and Legislature, in order to maintain said State organization as the government for the State of Kansas; therefore,

"Resolved, By the House of Representatives of the State

of Kansas, (the Senate concurring,) That we at once proceed to complete the organization of the State government under the constitution, and enact such laws as the necessities of the people seem to demand. And,

"Resolved, Now, as heretofore, the Federal authority represented in the Territorial laws and Territorial Legislature, is an obstacle to the successful execution of the will of the people through the State government, under the State constitution; therefore,

"Resolved, That we respectfully urge the General Assembly of the Territory of Kansas, now in session at Lawrence, to take immediate steps to remove the forms of a Territorial government, so that it shall not obstruct and embarrass the State Government.

"Resolved, That the Speaker of the House cause a copy of these preamble and resolutions, properly authenticated, to be laid before the Council and House of Representatives of the General Assembly of the Territory of Kansas; and we respectfully request them to give it their earliest consideration, and that they send a reply to the respective officers of the two branches of the State Legislature.'

In the Council, Mr. Harding, Chairman of the Special Committee, to whom was referred the memorial of the State Legislature, submitted the following report:

"The committee, to whom was referred the memorial of the State Legislature, now in session in Lawrence, having had the subject matter therein contained under consideration, beg leave to submit the following report: That we will manifest our readiness to accede to their wishes, so far as we can do so consistently with the views which we entertain of our duty to our constituents and to our country, by adopting such measures, as soon as practicable, as, in our judgment, may meet with the hearty concurrence and support of the people of Kansas. But, under the embarrassing circumstances in which we are placed, by the complicated condition of political affairs in Kansas, and the relation in which we stand to the Federal Government; the uncertainty existing with regard to the policy indicated by the Congress of the United States towards us; in view of the understanding which we have of the wishes of our constituents, and regarding, as we do, the peace, well being and