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Verament. opinion that investell the included
nd Governor ofcould only act after
the New The Territoryling the electrocage, went
I then importing into ce of controlling the el
By that act it was declared to be the true intent and Your Committee here felt it to be their duty not only to meaning of this act to leave the people thereof perfectly inquire into and collect evidence in regard to force and free to form and regulate their domestic institutions fraud attempted and practiced at the elections in the in their own way, subject to the Constitution of the Territory, but also into the facts and pretexts by whicha United States,
this force and fraud has been excused and justified; and So careful was Congress of the right of popular for this purpose your Committee have allowed the declasovereignty, that to secure it to the people, without a rations of non-resident voters to be given as evidence in single petition from any portion of the country, they , their own behalf, also the declarations of all who came removed the restriction against Slavery imposed by the up the Missouri River as emigrants in March, 1955, Missouri Compromise. And yet this right, so carefully whether they voted or not, and whether they came into gecurell, was thus by force and fraud overthrown by a the Territory at all or not; and also the rumors which portion of the people of an adjoining State.
were circulated among the people of Missouri previous to The striking difference between this Republic and other the election. The great body of the testimony taken at Republics on this Continent, is not in the provisions of the instance of the sitting Delegate is of this character, constitutions and laws, but that here changes in the ad. When the declarations of parties passing up the river ministration of those laws have been made peacefully and were offered in evidence, your Committee received them quietly through the ballo:-box. This invasion is the first upon the distinct statement that they would be excluded and only one in the history of our Government, by unless the persons making the declarations were by other which an organized force from one State has elected a proof shown to have been connected with the elections. Legislature for another State or Territory, and as such it This proof was not made, and therefore much of this class should have been resisted by the wbole executive power of testimony is incompetent by the rules of law, but is of the National Government.
allowed to remain as tending to show the cause of the Your Committee are of the opinion that the Constitu- action of the citizens of Missouri. tion and laws of the United States have invested the The alleged causes of the invasion of March, 1855, are President and Governor of the Territory with ample included in the following charges : power for this purpose. They could only act after re. I. That the New England Aid Society of Boston was ceiving authentic inforination of the facts, but when re then importing into the Territory large numbers of men, ceived, whether before or after the certificates of election merely for the purpose of controlling the elections. That Were granted, this power should have been exercised to they came without women, childreu, or baggage, went its fullest extent. It is not to be tolerated that a legisla into the Territory, voted, and returned again. tive body thus selected should assume or exercise any II. That men were hired in the Eastern or Northern legislative functions; and their enactinents should be States, or induced to go into the Territory, solely to vote, regarded as null and void ; nor should the question of and not to settle, and by so doing to make it a Free State. its legal existence as a legislative body be determined by III. That the Governor of the Territory purposely post. itself, as that would be allowing the criminal to judge of poned the day of election to allow this emigration to his own crime. In section twenty-two of the organic act arrive, and notified the Emigrant Aid Society, and perit is provided, that “ the persons having the highest num song in the Eastern States, of the day of election, before ber of legal votes in each of said Council-districts for he gaye notice to the people of Missouri and the Territory. members of the Council, shall be declared by the Governor That these charges were industriously circulated ; that to be duly elected to the Council, and the persons having grossly exaggerated statements were made in regard to the highest number of legal votes for the House of Repre-them; that the newspaper press and leading men in sentatives, shall be declared by the Governor duly public meetings in Western Missouri, aided in one case by elected members of said House." The proclamation of à Chaplain of the United States Army, gave currency the Governor required a verified notice of a contest when and credit to them, and thus excited the people, and one was made, to be filed with him within four days induced many well-ineaping citizens of Missouri to march after the election. Within that time, he did not obtain into the Territory to meet and repel the alleged Eastera information as to force or iraud in any except the fol paupers and Abolitionists, is fully proven by many vit lowing districts, and in these there were material defects nesses. in the returns of election. Without deciding upon his But these charges are not sustained by the proof. power to set aside elections for force and fraud, they In April, 1854, the General Assembly of Massachsetts were set aside for the following reasons :
passed an act entitled "An act to incorporate the MassaIn the 1st District, because the words “ by lawful resi. chusetts Einigrant Aid Society." The object of the Si ciety, dent voters," were stricken from the return,
as declared in the first section of this act, was “for the In the IId District, because the oath was administered purpose of assisting emigrants to settle in the West." by G. W. Taylor, who was not authorized to administer an The moneyed capital of the corporation was not to Dath.
exceed five millions of dollars; but no more than fi ur per In the IIId District, because material erasures from the ! cent. could be assessed during the year 1854, and no printed form of the oath were purposely made.
more than ten per cent. in any one year thereafte f. No In the IVth District, for the same reason,
organization was perfected, or proceedings had, under In the VIIth District, because the Judges were not sworn this law. at all.
On the 24th day of July, 1854, certain persons in BosIn the XIth District, because the returns show the ton, Massachusetts, concluded articles of agreement and election to have been held viva voce instead of by ballot. association for an Emigrant Aid Society. The purpose of
In the XVIth District, because the words "by lawful this association was declared to be " assisting emigrants residence" were stricken from the returns.
to settle in the West.” Under these articles of associa.
tion, each stockholder was individually liable. To avoid ABSTRACT OF THE RETURNS OF ELECTION OF
this difficulty, an application was made to the General MAY 22, 1855.
Assembly of Massachusetts for an act of incorporation, which was granted. On the 21st day of February, 1855, an act was passed to incorporate the New England Emigrant Aid Company. The purposes of this act were declared to be “directing emigration westward, and aiding and providing accommodation for emigrants after
arriving at their place of destination." The capital PLACES OF Voting.
stock of the corporation was not to exceed one million of dollars. Under this charter, a company was organized.
Your Committee have examined some of its officers, and a portion of its circulars and records, to ascertain what has been done by it. The public attention at that time was
directed to the Territory of Kansas, and emigration natu. Lawrence............
rally tended in that direction. To ascertain its character 21 Douglas ...
and resources, this Company sent its agent into it, and the Stinson's........
information thus obtained was published. The Company + 110"....
66 13 79
made arrangements with various lines of transportation to Council Grove......
reduce the expense of emigration into the Territory, and Leavenworth,
56 140, 15 | 715
procured tickets at the reduced rates. Applications were
made to the Company by persons desiring to emigrate; Total.......
| 5601 812 1409
and when they were numerous enough to form a party of
convenient size, tickets were sold to them at the reduced Although the fraud and force in other districts were rates. An agent acquainted with the route was selected to equally great as in these, yet, as the Governor had no accompany them. Their baggage was checked, and alt information in regard to them, he issued certificates ac trouble and danger of loss to the emigrant in this way cording to the returns,
District, for the purposely m
No. of District.
Under these arrangements, companies went into the the Territory, as a means to control the election and es Territory in the Fall of 1854, under the articles of associa- | tablish Slavery there, tion referred to. The company did not pay any portion of The real purpose is avowed and illustrated by the testi. the fare, nor furnislı any personal or real property to the mony and conduct of Colonel John Scott, of St. Joseph's, emigrant. The company, during 1855, sent into the Terri- Missouri, who acted as the attorney for the sitting deletory from eight to ten saw-mills, purchased one hotel in gate before your Committee. The following are extracts Kansas City, which they subsequently sold, built one hotel from his deposition: at Lawrence, and owned one other building in that place. "
“Prior to the election in Burr-Oak precinct, in the XIVih Dis. In some cases, to induce them to make improvements, town lots were given to them by town associations in this Missouri, and I then determined, if I found it necessary, to be
trict, on the 29th of November, 1854, I had been a resident of Territory. They held no property of any other kind or come a resident of Kansas Territory. On the day previous to description. They imposed no condition upon their emi that election, I settled up my board at my boarding house, in grants, and did not inquire into their political, religious, or St. Joseph's, Missouri, and went over to the Territory, and social opinions. The total amount expended by them, in
took boarding with Mr. Bryant, near whose house the polls cluding the salaries of their agents and officers, and the
were held the next day, for one month, so that I might bare it in expenses incident to all organizations, was less than dent of the Territory on the day of election.
my power, by merely determining to do so, to become a resi$100,000.
“When my name was proposed as a Judge of Election, ob Their purposes, so far as your Committee can ascertain, Ijections were made by two persons only....I then were lawful, and contributed to supply those wants most I publicly informed those present, that I had a claim in the Ter. experienced in the settlement of a new country.
ritory ; that I had taken board in the Territory for a month ;
and that I could, at any moment, become an actual resident The only persons or company who emigrated into the
and legal voter in the Territory, and that I would do so, if I Territory under the auspices of the Emigrant Aid Society
concluded at any time during the day that my vote would be in 1855, prior to the election in March, was a party of 159 necessary to carry that precinct in favor of the Pro-Slavery persons, who came under the charge of Charles Robin candidate for delegate to Congress..... I did not durson
ing the day consider it necessary to become a resident of the In this party, there were 67 women and children, They
Territory for the purpose mentioned, and did not vote por offer
to vote at that election. came as actual settlers, intending to make their homes in
es in “I held the office of City-Attorney for St. Joseph's at that the Territory, and for no other purpose. They had about time, and had held it for two or three years previously, and their persons but little baggage; usually sufficient cloth continued to hold it until this spring.... I voted at ing in a carpet-sack for a short time. Their personal ef- an election in St. Joseph's, in the spring of 1855, and was refects, such as clothing, furniture, etc., were put into trunks
appointed City-Attorney. The question of Slavery was put in and boxes; and for convenience in selecting, and cheap
issue at the election of November, 1854, to the same extent as ness in transporting, was marked "Kansas party bag. I garded as the Pro-Slavery candidate for the Pro-Slavery party,
in every election in this Territory. Gen. Whitfield was regage, care B. Slater, St. Louis," Generally, this was con- I regarded the question of Slavery as the primarily prominent signed as freight, in the usual way, to the care of a com- issue at that election, and, so far as I know, all parties agreed mission merchant. This party had, in addition to the usual in making that question the issue of that election. allowance of one hundred pounds to each passenger, a
"It is my intention, and the intention of a great many other large quantity of baggage on which the respective owners
Missourians now resident in Missouri, uchenerer the Slavei y issue
is to be determincd upon by the people of this Territory in the paid the usual extra freight. Each passenger or party
adoption of the State Constitution, to remove to this Territory in paid his or their own expenses ; and the only benefit they time to acquire the right to become legal voters upon that question. derived from the Society, not shared by all the people of The leading purpose of our intended removal to the Territory is to the Territory, was the reduction of about $7 in the determine the domestic institutions of this Territo'y, when it comes price of the fare, the convenience of traveling in a com
to be a State, and we would not come only for that pu pose, and pany instead of alone, and the cheapness and facility of
would never think of coming here but for that purpose. I belirre
there are a great many in Blissouri who are so situated." transporting their freight through regular agents. Subsequently, many emigrants, being either disappointed with The invasion of March 80th left both parties in a state the country or its political condition, or deceived by the lof excitement, tending directly to produce violence. The statements made by the newspapers and by the agents of successful party was lawless and reckless while assuming the Society, became dissatisfied, and returned, both before the name of the “ Law and Order" party. The other and after the election, to their old homes. Most of them l party, at first surprised and confounded, was greatly irriare now settlers in the Territory. Some few voted at the tated, and some resolved to prevent the success of the inelection in Lawrence, but the number was small. The vasion. In some districts, as before stated, protests were names of these emigrants have been ascertained, and sent to the Governor; in others, this was prevented by
of them were found upon the poll-books. This threats; in others, by the want of time, only four days company of peaceful emigrants, moving with their house- being allowed by the proclamation for this purpose ; and hold goods, was distorted into an invading horde of pauper in others, by the belief that a new election would bring a Abolitionists, who were, with others of a similar character, | new invasion. About the same time, all classes of men to control the domestic institutions of the Territory, and commenced bearing deadly weapons about the person, a then overturn those of a neighboring powerful State. practice which has continued to this time. Under these
In regard to the second charge: There is no proof that circumstances, a slight or accidental quarrel produced any man was either hired or induced to come into the unusual violence, and lawless acts became frequent. This Territory from any Free State, merely to vote. The en- evil condition of the public mind was further increased by tire emigration in March, 1855, is estimated at 500 persons, I acts of violence in Western Missouri, where, in April, including men, women, and children. They came on newspaper press, called The Parksville Luminary, was steamboats up the Missouri River, in the ordinary course destroyed by a mob. of emigration. Many returned for causes similar to those | About the same time, Malcolm Clark assaulted Cole before stated; but the body of them are now residents. McCrea at a squatter meeting in Leavenworth, and was
The only persons of those who were connected by proof shot by McCrea in alleged self-defense. with the election, were some who voted at the Big Blue On the 17th day of May, William Phillips, a lawyer of Precinct in the Xth District, and at Pawnee, in the IXth Leavenworth, was first notified to leave; and upon his reDistrict. Their purpose and character are stated in a fusal, was forcibly seized, taken across the river, and car. former part of this report.
ried 'several miles into 'Missouri, and then tarred and The third charge is entirely groundless. The organic feathered, and one side of his head shaved, and other law requires the Governor to cause an enumeration of the gross indignities put upon his person. inhabitants and legal voters to be made; and that he ap- Previous to this outrage, a public meeting was held, at portion the members of the Council and House, according which resolutions were unanimously passed, looking to to this enumeration. For reasons stated by persons en- unlawful violence, and grossly intolerant in their characgaged in taking the census, it was not completed until the ter. The right of free speech upon the subject of Slavery early part of March, 1855. At that time, the day of hold-was characterized as a disturbance of the peace and quiet ing the election had not been, and could not have been, of the community, and as “ circulating incendiary sentinamed by the Governor. So soon as practicable after the ments." They say “to the peculiar friends of northern returns were brought in, he issued his proclamation for fanatics,” “Go home and do your treason where you may an election, and named the earliest day, consistent with find sympathy." Among other resolves is the following: due notice, as the day of election. The day on which the "Resolved, That the institution of Slavery is known and reelection was to be held was a matter of conjecture all Icognized in this Territory; and we repel the doctrine that it is over the country ; but it was generally known that it would la moral and political evil, and we hurl back with scorn upon be in the latter part of March. The precise day was not its slanderous authors the charge of inhumanity, and we warn known by any one until the proclamation issued. It was
all persons not to come to our peaceful firesides to slaider us,
and sow the seeds of discord between the master and the ser. not known to the agents of the Emigrant Aid Society in
vant; for, as much as we deprecate the necessity to which wa Boston on the 13th of March, 1855, when the party of emi! may be driven, we cannot be responsible for the conse. grants before referred to, left.
quences." Your Committee are satisfied that these charges were A Committee of Vigilance of 30 men was appointed" to made the mere pretext to induce an armed invasion into obge d eport all such persons as shall ... by
faithfury party that the converely cou are calling.
the expression of abolition sentiments, produce disturb of the new council were to be elected. The new legislaance to the quiet of the citizens, or danger to their domes- ture is required to meet on the first Monday in January, tic relations, and all such persons so offending sball be 1853. Thus, by the terms of these “laws," the people notified, and made to leave the Territory.”
have no control whatever over either the legislature, the The meeting was "ably ad' eloquently addressed by executive, or the judicial departments of the Territorial Judge Lecompte, Colonel
I u rrs n! Western Missouri, government until a time before which, by the natural proand others." Thus the hea.. the judiciary in the Terri: Igress of population, the Territorial government will be sutory not only assisted at a public and bitterly partisan perseded by a State government. meeting, whose direct tendency was to produce violence and i No session of the legislature is to be held during 1856, disorder, but, before any law is passed in the Territory, he but the members of the House are to be elected in October prejudges the character of the domestic institutions which of that year. A candidate, to be eligible at this election, the people of the Territory were, by their organic law, "left must swear to support the fugitive slave law; and each perfectly free to form and regulate in their own way.” judge of election, and each voter, if challenged, must take
On this committee were several of those who held certi- the same oath. The same oath is required of every officer ficates of election as members of the legislature; some of elected or appointed in the Territory, and of every attor. the others were then and still are residents of Missouri; ney admitted to practice in the courts. and many of the committee have since been appointed to A portion of the militia is required to muster on the day the leading offices in the Territory, one of which is the of election. “Every free white male citizen of the United sheriffalty of the county. Their first act was that of mob- States, and every free male Indian who is made a citizen bing Phillips.
by treaty or otherwise, and over the age of twenty-one Subsequently, on the 25th of May, A.D. 1855, a public 1 years, and who shall be an inhabitant of the Territory meeting was held, at which R, R. Rees, a member elect of and of the county and district in which he offers to vote, the council, presided. The following resolutions, offered and shall have paid a Territorial tax, shall be a qualified by Judge Payne, a member elect of the house, were unani elector for all elective offices." Two classes of persons mously adopted:
were thus excluded, who, by the organic act, were allowed " Resolved. That we heartily indorse the action of the commit to vote, viz. : those who would not swear to the oath re. tee of citizens that shaved, tarred and feathered, rode on a quired, and those of foreign birth who had declared on rail, and had sold by a negro, William Phillips, the mural oath their intention to become citizens. Any man of perjurer.
proper age who was in the Territory on the day of elec"Revolved, That we return our thanks to the committee for faithfully performing the trust enjoined upon them by the Pro
tion, and who had paid one dollar as a tax to the sheriff,
who was required to be at the polls to receive it, could "Resoloed, That the committee be now discharged.
vote as an "inhabitant," although he had breakfasted in “Resolved, That we severely condemn those Pro-Slavery Missouri, and intended to return there for supper. There men who, from mercenary motives, are calling upon the Pro can be no doubt that this unusual and unconstitutional Slavery party to submit without further action.
provision was inserted to prevent a full and fair expres"Resolved, That in order to secure peace and harmony to
sion of the popular will in the election of members of the the community, we now solemnly declare that the ProSlavery party will stand firmly by and carry out the resolu.
house, or to control it by non-residents. tions reported by the committee appointed for that purpose on All jurors are required to be selected by the sheriff, · t.se memorable 30th."
and “no person who is conscientiously opposed to the The act of moral perjury here referred to is the swear
holding of slaves, or who does not admit the right to ing by Phillips to a truthful protest in regard to the elec hold slaves in the Territory, shall be a juror in any tion of March 30, in the XVIth District.
cause" affecting the right to hold slaves, or relating to The members receiving their certificates of the Governor slave property. as members of the General Assembly of the Territory, met
The Slave Code, and every provision relating to at Pawnee, the place appointed by the Governor, on the
slaves, are of a character intolerant and unusual even 2d of July, A.D. 1855. Their proceedings are stated in
for that class of legislation. The character and conthree printed books, herewith submitted, entitled respec duct of the men appointed to hold office in the Terri. tively, “The Statutes of the Territory of Kansas," "The tory contributed very much to produce the events Journal of the Council of the Territory of Kansas," and
which followed. Thus Samuel J. Jones was appointed " The Journal of the House of Representatives of the Ter- I sherit of the county o! Douglas, which in
sheriff of the county of Douglas, which included within ritory of Kansas."
it the Ist and IId Election Districts. He had made himYour Committee do not regard their enactments as valid self peculiarly obnoxious to the settlers by his conduct laws. A legislature thus imposed upon a people cannot
on the 30th of March in the lid District, and by his affect their political rights. Such an attempt to do so, if | burning the cabins of Joseph Oakley and Samuel Smith. successful, is virtually an overthrow of the organic law, !
An election for delegate to Congress, to be held on and reduces the people of the Territory to the condition |
negle of the Territory to the condition the 1st day of October, 1855, was provided for, with the of vassals to a neighboring State. To avoid the evils of
same rules and regulations as were applied to other anarchy, no armed or organized resistance to them should
elections. The Free-State men took no part in this be made, but the citizens should appeal to the ballot-box
election, having made arrangements for holding an at public elections, to the federal judiciary, and to Con
election on the 9th of the same month. The citizens of gress, for relief. Such, from the proof, would have been
Missouri attended at the election of the 1st of October, the course of the people, but for the nature of these enact some paying the dollar tax, and others not being rements and the manner in wbich they are enforced. Their quired to pay it. They were present and voted at the character and their execution have been so intimately | voting places of Atchison and Doniphan, in Atchison connected with one branch of this investigation that re County; at Greene Springs, Johnson County; at Willow lating to " violent and tumultuous proceedings in the Ter
ince in the Ter. Springs, Franklin, and Lecompton, in Douglas County; ritory”-that we were compelled to examine them.
at Fort Scott, Bourbon County ; at Baptiste Paola, The " laws" in the statute-books are general and spe
Lykins County, where some Indians voted, some whites cial; the latter are strictly of a local character, relating to
paying the $1 tax for them; at Leavenworth City, and bridges, roads, and the like. The great body of the gene at Kickapoo City, Leavenworth County; at the latter ral laws are exact transcripts from the Missouri code. To
place, under the lead of Gen. B. F. Stringfellow and Col make them in some cases conform to the organic act,
Lewis Barnes of Missouri. From two of the election separate acts were passed, defining the meaning of words.
precints at which it was alleged there was illegal voting Thus the word “State" is to be understood as meaning
- viz., Delaware and Wyandotte-your Committee " Territory:"the words“ County Court" shall be construed
failed to obtain the attendance of witnesses Your to mean the board of commissioners transacting county
Committee did not deem it necessary, in regard to this business, or the Probate Court, according to the intent | election, to enter into details, as it was manifest that, thereof.' The words“ Circuit Court” to inean “District | from there being but one candidate-Gen. WhitfieldCourt."
he must have received a majority of the votes cast The material differences in the Missouri and Kansas sta
This election, therefore, depends not on the number or tutes are upon the following subjects: The qualifications
character of the votes received, but upon the validity of voters and of members of the legislative assembly; the
of the laws under which it was held. Sufficient testiofficial oath of all officers, attorneys, and voters; the mode
mony was taken to show that the voting of citizens of of selecting officers and their qualifications, the slave!
Missouri was practiced at this election, as at all fo: mer code, and the qualifications of jurors.
elections in the Territory. The following table will ex. he provisions of the Missouri code hibit the result of the testimony as regards the number are such as are usual in many of the States. But by the of legal and illegal votes at this election. The county of * Kansas Statutes" every office in the Territory, execu
Marshall embraces the same territory as was included in tive and judicial, was to be appointed by the legislature,
the XIth District; and the reasons before stated indi or by some officer appointed by it. These appointments
cate that the great majority of the votes then cast were were not merely to meet a temporary exigency, but were |
either illegal or fictitious. In the counties to which our to hold over two regular elections, and until after the examination extended, the e were illegal votes cast, general election in October, 1857, at which the members | as ncar ils the proof will enable us to determine.
ABSTRACT OF POLL-BOOKS OF OCTOBER 1, 1855.
Total Votes cast.
(See Wise Co.)...
While these enactments of the alleged legislative ag- and delegates were selected in compliance with its recom. Bernbly were being made, a movement was instituted to mendations. form a State government, and apply for admission into They met at Topeka, on the 19th day of September, the Union as a State. The first step taken by the people 1855. By their resolutions, they provided for the appointof the Territory, in consequence of the invasion of March | ment of an Executive Committee, to consist of seven per80, 1855, was the circulation for signature of a graphic sons, who were required to " keep a record of their proanıl truthful memoriał to Congress. Your Committee ceedings, and shall have a general superintendence of find that every allegation in this memorial has been sus. | the affairs of the Territory so far as regards the organiza. tained by the testimony. No further step was taken, astion of the State Government." They were required to it was hoped that some action by the General Government | take steps for an election to be held on the second Tueswould protect them in their rights. When the alleged day of the October following, under regulations imposed legislative assembly proceeded to construct the series of by that Committee, “ for members of a Convention to en actments referred to, the settlers were of opinion that form a Constitution, adopt a Bill of Rights for the people submission to them would result in depriving them of the of Kansas, and take all needful measures for organizing rights secured to them by the organic law. Their politia State Government, preparatory to the admission of cal condition was freely discussed in the Territory during Kansas into the Union as a State." The rules prescribed the summer of 1855. Several meetings were held in were such as usually govern elections in most of the reference to holding a convention to form a State gov. States of the Union, and in most respects were similar to ernment, and to apply for admission into the Union as a those contained in the proclamation of Gov. Reeder for State. Public opinion gradually settled in favor of such the election of March 80, 1855. an application to the Congress to meet in December, The Executive Committee appointed by that Conven1855. The first general meeting was held in Lawrence on tion accepted their appointment, and entered upon the the 15th of August, 1555.
discharge of their duties by issuing a proclamation adThe following preamble and resolutions were then dressed to the legal voters of Kansas, requesting them to passed :
meet at their several precincts, at the time and places "Whereas, The people of Kansas have been, since its
nained in the proclamation, then and there to east their gettlement, and now are, without any law-making power, ballots for members of a
ballots for members of a Constitutional Convention, to therefore be it
meet at Topeka on the 4th Tuesday of October then * Resolved, That we, the people of Kansas Territory, in mass next. meeting assembled, irrespective of party distinctions, influ
The proclamation designated the places of elections, enced by common necessity, and greatly desirous of promoting
appointed judges, recited the qualifications of voters and the common good, do hereby call upon and request all bona fule citizens of Kansas Territory, of whatever political views or pre
the apportionment of members of the Convention. dilections, to consult together in their respective Election Dis After this proclamation was issued, public meetings tricts and in mass convention or otherwise, elect three delegates were held in every district in the Territory, and in nearly for each representative to which said Election District is en- every precinct. The State movement was a general Lilled in the House of Representatives of the Legislative Assem.
| topic of discussion throughout the Territory, and there bly, by proclamation of Governor Reeder, of date 19th of March, 1855 ; said delegates to assemble in convention, at the
was but little opposition exhibited to it. Elections were town of Topeka, on the 19 h day of September, 1855, then and
held at the time and places designated, and the returns there to consider and determine upon all subjects of public in- / were sent to the Executive Committee. terest, and particularly upon that having reference to the The result of the election was proclaimed by the Execuspredy formation of a State Constitution, with an intention of I tive Committee, and the members elect were required to an iminedia e npplication to be admitted as a State into the
o ne meet on the 23d day of October, 1855, at Topeka. In Uniou of the United Stares of America."
pursuance of this proclamation and direction, the ConOther ineetings were held in various parts of the Terri- stitutional Convention met at the time and place ape tory, which indorsed the action of the Lawrence meeting, pointed, and formed a State Constitution. A memorial
w the peole of par desiro
were held in ever The State mo The Territory, and there
to Congress was also prepared, praying for the admission / Accordingly, an election was held for that purpose on of Kansas into the Union under that constitution. The the 15th day of December, 1855, in compliance with the Convention also provided that the question of the adop proclamation issued by the Executive Committee. The tion of the Constitution and other questions be submitted returns of this election were made by the Executive Com. to the people, and required the Executive Committee to mittee, and an abstract of them is contained in the foltake the necessary steps for that purpose.
| lowing table :
ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE
STATE CONSTITUTION, DEC. 15, 1855.
564 | 1287
453 | 1778
1731| 46 | 1120 N. B.-Poll-Book at Leavenworth was destroyed.
The Executive Committee then issued a proclamation of Congress, or they are regarded as the mere expression reciting the results of the election of the 15th of Decern-, of popular will, and Congress should refuse to grant tho ber, and at the same time provided for an election to prayer of the memorial, that cannot affect their legality. be held on the 15th day of January, 1856, for State offi. The right of the people to assemble and express their cers and members of the General Assembly of the State political opinion in any form, whether by means of an of Kansas, An election was accordingly held in the seve- election or a convention, is secured to them by the Con. ral election-precincts, the returns of which were sent to stitution of the United States. Even if the elections are the Executive Committee.
to be regarded as the act of a party, whether political or The result of this election was announced by a procla- otherwise, they were proper, in accordance with exammation by the Executive Committee,
ples, both in States and Territories. In accordance with the Constitution thus adopted, The elections, however, were preceded and followed the members of the State Legislature and most of the by acts of violence on the part of those who opposed State officers met on the day and at the place designated them, and those persons who approved and sustained by the State Constitution, and took the oath therein the invasion from Missouri were peculiarly hostile to prescribed.
these peaceful movements preliminary to the organizaAfter electing United States Senators, passing some tion of a State government. Instances of this violence preliminary laws, and appointing a Codifying Committee will be referred to hereafter. and preparing a Memorial to Congress, the General To provide for the election of delegates to Congress, Assembly adjourned to meet on the 4th day of July, and at the same time do it in such a manner as to obtain 1856.
the judgment of the House of Representatives upon the The laws passed were all conditional upon the admis. validity of the alleged legislative assembly sitting at sion of Kansas as a State into the Union. These pro- Shawnee Mission, a convention was held at Big Springs ceedings were regular, and, in the opinion of your on the 5th and 6th days of September, 1853. This was a Committee, the Constitution thus adopted fairly ex party convention, and a party calling itself the Free. presses the will of the majority of the settlers. They State party was then organized. It was in no way con now await the action of Congress upon their memorial. nected with the State movement, except that the election
These elections, whether they were conducted in pur of a delegate to Congress was fixed by it on the same suance of law or not, were not illegal.
day as the election of members of a constitutional cunWhether the result of them is sanctioned by the actioa / vention, instead of tbe day prescribed by the alleged