one dividing a portion of the Territory into counties by the following names: Allen, Adams, Abbott, Arny, Barber, Brown, Blood, Beckerton, Blimmerton, Collins, Currier, Cantral, Curtis, Conway, Concklin, Shombre, Dickey, Deitzler, Dow, Dana, Delehay, Jamison, Jordon, Geary, Hillyer, Hopps, Howe, Hoyt, Holliday, Harding, Hutchingson, Harvey, Jones, Keyser, Lane, Leavenworth, Parrott, Pillsbury, Partridge, Powers, Phillips, Roberts, Robinson, Reeder, Redpath, Smith, Sackett, Stewart, Schuyler, Thornton, Updegraff, Williams, Walker and Wakefield. It passed an act providing for an election of State officers, on the third Monday in August following, with suitable directions, and made Topeka the capital of the State. It was not in session long and only passed such laws as were necessary to preserve its organization, having determined to await the development of Walker's policy.

*This failed to pass-only introduced.

CHAPTER XLII.

QUESTION OF VOTING FOR MEMBERS OF THE LEGISLATURE.

The Delegate Convention assembled at Topeka July 15, reaffirmed its adherence to the State organization, and again repudiated the Territorial Legislature. State officers were nominated for the election in August, and the people were urged to interest themselves in it. They recommended a submission of the Topeka Constitution to a vote of the people at the same time. On account of reports that Missourians were preparing to interfere with the fall elections, General J. H. Lane was appointed to organize the people in the several districts to protect the ballot-box.

The question of contesting the October election engaged in a great measure the attention of the convention.

That a diversity of views were held might be expected, and the discussion was warm and earnest. It was finally resolved, in view of certain declarations of Governor Walker, looking to fairness and justice, to call a mass convention of the citizens of Kansas, to be held at Grasshopper Falls on the last Wednesday in August, "to take into consideration all that may be necessary in regard to that election." A Delegate Convention was likewise called at the same time and place, to carry out the views of the mass convention, composed of twice as many delegates as there were free state Senators and Representatives. It is a noticeable feature that A. D. Richardson was the chief secretary of this Convention.

At the free state election, held on the 9th of August, the following is the official vote upon all State issues: Judges of Supreme Court-S. N. Latta, 7,200, and M. F. Conway, 7,178; Secretary of State-P. C. Schuyler, 7,167; Auditor— A. G. Cutler, 7,177; Reporter of Supreme Court-E. M. Thruston, 7,187; Clerk of Supreme Court-A. Patrick, 7,200; Representative to Congress-M. C. Parrott, 7,267. Vote for the Constitution, 7,267: against it, 34.

About the first of August, Governor Walker surrounded Lawrence with four or five hundred dragoons, for the purpose of suppressing the city government. The people of that town refused to accept the charter proffered by the Territorial Legislature, for which a few had petitioned, and had organized a municipal government of their own. It was never brought into practical effect, but was designed only to regulate and control the action of those who would acknowledge its authority, and to be in readiness to go into operation, the moment that free state men should get control of Territorial or State legislation. Governor Walker heard of it, and determined to break it up. He issued his proclamation, entreating the citizens to abandon their city organization, and warned them of the consequence. It seemed much like magnifying a mole-hill into a mountain, by the flurry and display the Governor made about the matter; for he had no more right to interfere with this association of individuals, than with a voluntary debating society, until they attempted to enforce their requirements.

he inhabitants of Lawrence paid but little regard to the Governor's display of troops, nor his pronunciamentos, and quietly pursued their vocations. The dragoons, numbering some four or five hundred, after being kept on the outskirts of Lawrence for several weeks, to end the folly, were removed by order of the President.

The question of participating in the October election for members of the Legislature and delegates to Congress, engaged the attention of free state men during the summer.

Governor Walker had said in his speech on the 9th of June, "In October next, not under the act of the late Territorial Legislature, but under the laws of Congress, you, the whole people of Kansas, have the right to elect a delegate to Congress, and to elect a Territorial Legislature."

The notion of abandoning the State organization was at first rather unpopular; citizens could not bear the idea of so far recognizing the validity of the Territorial Legislature as to vote under its provisions. But the more the subject was discussed, and renewed assurances from Governor Walker given, that fairness should be shown in the election, the more the idea prevailed. Some gentlemen, more of a chivalrous or morbid, than practical, sense of honor, revolted at the suggestion, and bitterly fought the measure throughout. They were generally of that class who had reaped much pleasure and profit from writing to Eastern presses about Kansas troubles, and who were interested in their continuance. But the common sensed and practical minded readily discarded such nice distinctions of honor and felt it not at all disreputable "to stoop to conquer." What was the Topeka Constitution to them, if they could but obtain the blessings of peace and liberty by forsaking it, in order to hurl their oppressors from power?

But still there were practical difficulties in the way of success should they contest the election. The apportionment of members to the Council and House of Representatives was partial and unjust. It was Governor Walker's duty in the first place to have made this; but the printing of the acts of the previous Legislature being delayed, he did not see a copy of the election law until after the time had expired in which he could make the apportionment. The duty now devolved upon the President of the Council and Speaker of the House of Representatives to do the work, and accordingly Mr. Mathias and Mr. Johnson did it to the entire satisfaction of the pro-slavery party. The apportionment of Councilmen was as follows:

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.