hemp in their button-holes and elsewhere about their persons. They claimed to have a right to vote, from the fact that they were there on the ground, and had, or intended to make, claims in the Territory, although their families were in Missouri.

The judges appointed by the Governor opened the polls, and some persons offered to vote, and when their votes were rejected on the ground that they were not residents of the district, the crowd threatened to tear the house down if the judges did not leave. The judges then withdrew, taking the poll-books with them. The crowd then proceeded to select other persons to act as judges, and the election went on. Those persons voting who were sworn were asked if they considered themselves residents of the district, and if they said they did, they were allowed to vote. But few of the residents were present and voted, and the Free-State men, as a general thing, did not vote. After the Missourians got through voting, they returned home. A formal return was made by the judges of election setting out the facts, but it was not verified. The number of legal voters in this district Of was 96, of whom a majority were Free-State men. these voted. The total number of votes cast was 296. XIVTH DISTRICT.

It was generally rumored in this district, for some days before the election, that the Missourians were coming over to vote. Previous to the election, men from Missouri came into the district, and electioneered for the Pro-Slavery candidates. Gen. David R. Atchison and a party controlled the nominations in one of the primary elections.

BURR OAK PRECINCT.

Several hundred Missourians from Buchanan, Platte, and Andrew counties, Mo., including a great many of the prominent citizens of St. Joseph, came into this precinct the day before, and on the day of election, in wagons and on horses, and encamped there. Arrangements were made for them to cross the ferry at St. Joseph free of expense to themselves. They were armed with bowieknives and pistols, guns and rifles. On the morning of the election, the Free-State candidates resigned in a body, on account of the presence of the large number of armed Missourians, at which the crowd cheered and hurrahed. Gen. B. F. Stringfellow was present, and was prominent in promoting the election of the Pro-Slavery ticket, as was also the Hon. Willard P. Hall, and others of the most prominent citizens of St. Joseph, Mo. But one of the judges of election, appointed by the Governor, served on that day, and the crowd chose two others to supply the vacancies.

The Missourians said they came there to vote for, and secure the election of, Major Wm. P. Richardson. Major Richardson, elected to the Council, had a farm in Missouri, where his wife and daughter lived with his sonin-law, Willard P. Hall, he himself generally going home to Missouri every Saturday night. The farm was generally known as the Richardson farm. He had a claim in the Territory, upon which was a saw-mill, and where he generally remained during the week.

Some of the Missourians gave as their reason for voting that they had heard that eastern emigrants were to be at that election, though no eastern emigrants were there. Others said they were going to vote for the purpose of making Kansas a Slave State.

Some claimed that they had a right to vote, under the provisions of the Kansas-Nebraska bill, from the fact that they were present on the ground on the day of election. The Free-State men generally did not vote, and those who did vote, voted generally for John H. Whitehead, Pro-Slavery, for Council, against Major Wm. P. Richardson, and did not vote at all for members of the Lower House.

The parties were pretty nearly equally divided in the district, some being of opinion that the Free-State party had a small majority, and others that the ProSlavery party had a small majority. After the election was over and the polls were closed, the Missourians returned home. During the day, they had provisions and liquor served out, free of expense, to all.

DONIPHAN PRECINCT.

The evening before the election, some 200 or more Missourians from Platte, Buchanan, Saline, and Clay counties, Missouri, came into this precinct, with tents, music, wagons, and provisions, and armed with guns, rifles, pistols, and bowie-knives, and encamped about two miles from the place of voting. They said they came to vote, to make Kansas a Slave State, and intended to return to Missouri after they had voted.

On the morning of the election, the Judges appointed by the Governor would not serve, and others were appointed by the crowd. The Missourians were allowed

to vote without being sworn-some of them voting as many as eight or nine times; changing their hats and coats, and giving in different names each time. After they had voted, they returned to Missouri. The FreeState men generally did not vote, though constituting a majority in the precinct. Upon counting the ballots in the box and the names on the poll-lists, it was found that there were too many ballots, and one of the judges of election took out ballots enough to make the two num bers correspond.

WOLF RIVER PRECINCT.

The number of voters in the district by the census was 334 of these 124 voted. The testimony shows that quite a number of persons whose legal residence was in the populous county of Buchanan, Mo., on the opposite side of the river, had claims in the Territory. Some ranged cattle, and others marked out their claim and built a cabin, and sold this incipient title where they could. They were not residents of the Territory in any just or legal sense. A number of settlers moved into the district in the month of March. Your Committee are satisfied, after a careful analysis of the records and testimony, that the number of legal votes cast did not exceed 200out of 727.

XVTH DISTRICT.

The election in this district was held in the house of a Mr. Hayes. On the day of election, a crowd of from 400 to 500 men collected around the polls, of which the great One of the judges of body were citizens of Missouri. election, in his testimony, states that the strangers com. menced crowding around the polls, and that then the residents left. Threats were made before and during the election day that there should be no Free-State candidates, although there were nearly or quite as many Free-State as Pro-Slavery men resident in the district. Most of the crowd were drinking and carousing, cursing the Abolitionists and threatening the only Free-State judge of election. A majority of those who voted wore hemp in their button-holes, and their password was, "all right on the hemp." Many of the Missourians were known and are named by the witnesses. Severa! speeches were made by them at the polls, and among those who spoke were Major Oliver, one of your Committee, Col. Burns, and Lalan Williams, of Platte County. Major Oliver urged upon all present to use no harsh words, and expressed the hope that nothing would be said or done to harm the feelings of the most sensitive on the other side. He gave some grounds, based on the Missouri Compromise, in regard to the right of voting, and was understood to excuse the Missourians for voting. Your Committee are satisfied that he did not vote. Col. Burns recommended all to vote, and he hoped none would go home without voting. Some of the ProSlavery residents were much dissatisfied at the interference with their rights by the Missourians, and for that reason-because reflection convinced them that it would be better to have Kansas a Free-State-they "fell over the fence." The judges requested the voters to take an oath that they were actual residents. They objected at first, some saying they had a claim, or "I am here." But the Free-State judge insisted upon the oath, and his associates, who at first were disposed to waive it, coincided with him, and the voters all took it after some grumbling. One said he cut him some poles and laid them in the shape of a square, and that made him a claim; and another said that he had cut him a few sticks of wood, and that made him a claim. The Free-State men did not vote, although they believed their numbers to be equal to the Pro-Slavery settlers, and some claimed that they had the majority. They were deterred by threats throughout by the Missourians, before and on the day of election, from putting up candidates, and no candidates were run, for this reason-that there was a credited rumor previously that the Missourians would control the election. The Free-State judge was threatened with expulsion from the polls, and a young man thrust a pistol into the window through which the votes were received. The whole number of votes cast was 417; of the names on the poll-book, but 62 are in the census-rolls, and the testimony shows that a small portion, estimated by one witness at one-quarter of the legal voters, voted. Your Committee estimate the number of legal voters at 80. One of the judges referred to, certified to the Governor that the election was fairly conducted. It was not contested, because no one would take the responsibility of doing it, as it was not considered safe, and that if another election was held, the residents would fare no better.

XVITH DISTRICT.

For some time previous to the election, meetings were held and arrangements made in Missouri to get up com

panies to come over to the Territory and vote, and the | conducted, and not contested at all. In this district, the day before, and on the day of election, large bodies of Pro-Slavery party had the majority. Missourians from Platte, Clay, Ray, Charlton, Carrol, Clinton, and Saline counties, Missouri, came into this listrict and camped there. They were armed with pistols and bowie-knives, and some with guns and rifles, and had badges of hemp in their button-holes and elsewhere about their persons.

The election in this district seems to have been fairly concerning the election:

ABSTRACT OF CENSUS, AND RETURNS OF ELECTION OF MARCH 30, 1855, BY

But these charges are not sustained by the proof.

In April, 1854, the General Assembly of Massachusetts passed an act entitled "An act to incorporate the Massaresi-chusetts Emigrant Aid Society." The object of the Society, as declared in the first section of this act, was "for the purpose of assisting emigrants to settle in the West." The moneyed capital of the corporation was not to exceed five millions of dollars; but no more than four per cent. could be assessed during the year 1854, and no more than ten per cent. in any one year thereafter. No organization was perfected, or proceedings had, under this law.

On the 24th day of July, 1854, certain persons 'n Boston, Massachusetts, concluded articles of agreement and association for an Emigrant Aid Society. The purpose of this association was declared to be "assisting emigrants to settle in the West." Under these articles of association, each stockholder was individually liable. To avoid ABSTRACT OF THE RETURNS OF ELECTION OF this difficulty, an application was made to the General

The real purpose is avowed and illustrated by the testimony and conduct of Colonel John Scott, of St. Joseph's, Missouri, who acted as the attorney for the sitting delegate before your Committee. The following are extracts from his deposition :

trict, on the 29th of November, 1854, I had been a resident of
"Prior to the election in Burr-Oak precinct, in the XIVth Dis-
Missouri, and I then determined, if I found it necessary, to be-
come a resident of Kansas Territory. On the day previous to
that election, I settled up my board at my boarding-house, in
St. Joseph's, Missouri, and went over to the Territory, and
took boarding with Mr. Bryant, near whose house the polls
were held the next day, for one month, so that I might have it in
dent of the Territory on the day of election.
my power, by merely determining to do so, to become a resi-

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 fare, nor furnish any personal or real property to the emigrant. The company, during 1855, sent into the Territory from eight to ten saw-mills, purchased one hotel in Kansas City, which they subsequently sold, built one hotel at Lawrence, and owned one other building in that place. In some cases, to induce them to make improvements, town lots were given to them by town associations in this Territory. They held no property of any other kind or description. They imposed no condition upon their emigrants, and did not inquire into their political, religious, or social opinions. The total amount expended by them, including the salaries of their agents and officers, and the expenses incident to all organizations, was less than $100,000. Their purposes, so far as your Committee can ascertain,jections were made by two persons only. were lawful, and contributed to supply those wants most experienced in the settlement of a new country. The only persons or company who emigrated into the Territory under the auspices of the Emigrant Aid Society in 1855, prior to the election in March, was a party of 159 persons, who came under the charge of Charles Robin

son.

"When my name was proposed as a Judge of Election, ob I then publicly informed those present, that I had a claim in the Territory; that I had taken board in the Territory for a month; and legal voter in the Territory, and that I would do so, if I and that I could, at any moment, become an actual resident concluded at any time during the day that my vote would be necessary to carry that precinct in favor of the Pro-Slavery candidate for delegate to Congress. I did not during the day consider it necessary to become a resident of the Territory for the purpose mentioned, and did not vote nor offer to vote at that election.

.

In this party, there were 67 women and children. They came as actual settlers, intending to make their homes 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- in every election in this Territory. Gen. Whitfield was reissue at the election of November, 1854, to the same extent as ness in transporting, was marked "Kansas party bag-garded as the Pro-Slavery candidate for the Pro-Slavery party. gage, 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 Missourians now resident in Missouri, chenever the Slavery issue "It is my intention, and the intention of a great many other large quantity of baggage on which the respective owners is to be determined 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 Te ritory 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 purpose, and pany instead of alone, and the cheapness and facility of there are a great many in Missouri who are so situated." would never think of coming here but for that purpose. I believe transporting their freight through regular agents. Subsequently, many emigrants, being either disappointed with the country or its political condition, or deceived by the statements made by the newspapers and by the agents of the Society, became dissatisfied, and returned, both before and after the election, to their old homes. Most of them are now settlers in the Territory. Some few voted at the election in Lawrence, but the number was small. The names of these emigrants have been ascertained, and of them were found upon the poll-books. This company of peaceful emigrants, moving with their household goods, was distorted into an invading horde of pauper Abolitionists, who were, with others of a similar character, to control the domestic institutions of the Territory, and then overturn those of a neighboring powerful State.

The invasion of March 30th left both parties in a state of excitement, tending directly to produce violence. The successful party was lawless and reckless while assuming the name of the "Law and Order" party. The other party, at first surprised and confounded, was greatly irritated, and some resolved to prevent the success of the invasion. In some districts, as before stated, protests were sent to the Governor; in others, this was prevented by threats; in others, by the want of time, only four days being allowed by the proclamation for this purpose; and in others, by the belief that a new election would bring a new invasion. About the same time, all classes of men commenced bearing deadly weapons about the person, a 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, acts of violence in Western Missouri, where, in April, a 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 before stated; but the body of them are now residents. The only persons of those who were connected by proof with the election, were some who voted at the Big Blue Precinct in the Xth District, and at Pawnee, in the IXth District. Their purpose and character are stated in a former part of this report.

The third charge is entirely groundless. The organic law requires the Governor to cause an enumeration of the Inhabitants and legal voters to be made; and that he apportion the members of the Council and House, according to this enumeration. For reasons stated by persons engaged in taking the census, it was not completed until the early part of March, 1855. At that time, the day of holding the election had not been, and could not have been, named by the Governor. So soon as practicable after the returns were brought in, he issued his proclamation for an election, and named the earliest day, consistent with due notice, as the day of election. The day on which the election was to be held was a matter of conjecture all over the country; but it was generally known that it would be in the latter part of March. The precise day was not known by any one until the proclamation issued. not known to the agents of the Emigrant Aid Society in Boston on the 18th of March, 1855, when the party of emigrants before referred to, left.

It was

Your Committee are satisfied that these charges were made the mere pretext to induce an armed invasion into

About the same time, Malcolm Clark assaulted Cole McCrea at a squatter meeting in Leavenworth, and was shot by McCrea in alleged self-defense.

On the 17th day of May, William Phillips, a lawyer of Leavenworth, was first notified to leave; and upon his refusal, was forcibly seized, taken across the river, and car. ried several miles into Missouri, and then tarred and feathered, and one side of his head shaved, and other gross indignities put upon his person.

Previous to this outrage, a public meeting was held, at which resolutions were unanimously passed, looking to unlawful violence, and grossly intolerant in their character. The right of free speech upon the subject of Slavery was characterized as a disturbance of the peace and quiet of the community, and as "circulating incendiary sentiments." They say "to the peculiar friends of northern fanatics," "Go home and do your treason where you may find sympathy." Among other resolves is the following:

"Resolved, That the institution of Slavery is known and recognized in this Territory; and we repel the doctrine that it is a moral and political evil, and we hurl back with scorn upon its slanderous authors the charge of inhumanity; and we warn all persons not to come to our peaceful firesides to slander us, and sow the seeds of discord between the master and the servant; for, as much as we deprecate the necessity to which we may be driven, we cannot be responsible for the consequences."

A Committee of Vigilance of 30 men was appointed "to obse:72 and report all such persons as shall . by

the expression of abolition sentiments, produce disturbance to the quiet of the citizens, or danger to their domestic relations; and all such persons so offending shall be notified, and made to leave the Territory."

of the new council were to be elected. The new legislature is required to meet on the first Monday in January, 1858. Thus, by the terms of these "laws," the people have no control whatever over either the legislature, the The meeting was "ably an eloquently addressed by executive, or the judicial departments of the Territorial Judge Lecompte, Colonel Surf Western Missouri, government until a time before which, by the natural proand others." Thus the hea the judiciary in the Terri-gress 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 disorder, but, before any law is passed in the Territory, he prejudges the character of the domestic institutions which the people of the Territory were, by their organic law, "left perfectly free to form and regulate in their own way.' On this committee were several of those who held certificates of election as members of the legislature; some of the others were then and still are residents of Missouri; | and many of the committee have since been appointed to the leading offices in the Territory, one of which is the sheriffalty of the county. Their first act was that of mobbing Phillips.

Subsequently, on the 25th of May, A.D. 1855, a public meeting was held, at which R. R. Rees, a member elect of the council, presided. The following resolutions, offered by Judge Payne, a member elect of the house, were unanimously adopted:

"Resolved, That we heartily indorse the action of the committee of citizens that shaved, tarred and feathered, rode on a rail, and had sold by a negro, William Phillips, the moral perjurer.

Resolved, That we return our thanks to the committee for faithfully performing the trust enjoined upon them by the ProSlavery party.

"Resolved, That the committee be now discharged. "Resolved, That we severely condemn those Pro-Slavery men who, from mercenary motives, are calling upon the ProSlavery party to submit without further action.

"Resolved, That in order to secure peace and harmony to the community, we now solemnly declare that the ProSlavery party will stand firmly by and carry out the resolutions reported by the committee appointed for that purpose on the memorable 30th."

The act of moral perjury here referred to is the swearing by Phillips to a truthful protest in regard to the election of March 30, in the XVIth District.

The members receiving their certificates of the Governor as members of the General Assembly of the Territory, met at Pawnee, the place appointed by the Governor, on the 2d of July, A.D. 1855. Their proceedings are stated in three printed books, herewith submitted, entitled respectively, "The Statutes of the Territory of Kansas," "The Journal of the Council of the Territory of Kansas," and "The Journal of the House of Representatives of the Territory of Kansas."

No session of the legislature is to be held during 1856, but the members of the House are to be elected in October of that year. A candidate, to be eligible at this election, must swear to support the fugitive slave law; and each judge of election, and each voter, if challenged, must take the same oath. The same oath is required of every officer elected or appointed in the Territory, and of every attor. ney admitted to practice in the courts.

A portion of the militia is required to muster on the day of election. "Every free white male citizen of the United States, and every free male Indian who is made a citizen by treaty or otherwise, and over the age of twenty-one years, and who shall be an inhabitant of the Territory and of the county and district in which he offers to vote, and shall have paid a Territorial tax, shall be a qualified elector for all elective offices." Two classes of persons were thus excluded, who, by the organic act, were allowed to vote, viz.: those who would not swear to the oath required, and those of foreign birth who had declared on oath their intention to become citizens. Any man of tion, and who had paid one dollar as a tax to the sheriff, proper age who was in the Territory on the day of elecwho was required to be at the polls to receive it, could vote as an "inhabitant," although he had breakfasted in Missouri, and intended to return there for supper. There can be no doubt that this unusual and unconstitutional sion of the popular will in the election of members of the provision was inserted to prevent a full and fair expreshouse, or to control it by non-residents.

All jurors are required to be selected by the sheriff, and "no person who is conscientiously opposed to the holding of slaves, or who does not admit the right to hold slaves in the Territory, shall be a juror in any cause" affecting the right to hold slaves, or relating to slave property.

The Slave Code, and every provision relating to slaves, are of a character intolerant and unusual even for that class of legislation. The character and conduct of the men appointed to hold office in the Territory contributed very much to produce the events which followed. Thus Samuel J. Jones was appointed sheriff of the county of Douglas, which included within it the Ist and IId Election Districts. He had made himself peculiarly obnoxious to the settlers by his conduct on the 80th of March in the IId District, and by his burning the cabins of Joseph Oakley and Samuel Smith.

Your Committee do not regard their enactments as valid laws. A legislature thus imposed upon a people cannot affect their political rights. Such an attempt to do so, if 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 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 which 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- 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 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 This election, therefore, depends not on the number or character of the votes received, but upon the validity of the laws under which it was held. Sufficient testimony was taken to show that the voting of citizens of Missouri was practiced at this election, as at all former elections in the Territory. The following table will exhibit the result of, the testimony as regards the number of legal and illegal votes at this election. The county of Marshall embraces the same territory as was included in the XIth District; and the reasons before stated indicate that the great majority of the votes then cast were either illegal or fictitious. In the counties to which our examination extended, the e were illegal votes cast, as near as the proof will enable us to determine.

The material differences in the Missouri and Kansas statutes are upon the following subjects: The qualifications of voters and of members of the legislative assembly; the official oath of all officers, attorneys, and voters; the mode of selecting officers and their qualifications; the slave code, and the qualifications of jurors.

Upon these subjects, the provisions of the Missouri code are such as are usual in many of the States. But by the Kansas Statutes " every office in the Territory, executive and judicial, was to be appointed by the legislature, or by some officer appointed by it. These appointments were not merely to meet a temporary exigency, but were to hold over two regular elections, and until after the general election in October, 1857, at which the members

Your