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to Congress was also prepared, praying for the admission Accordingly, an election was hell for that purpose on of Kansas into the Union under that Constitution, The the 15th day of December, 1855, in con pliance 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 Comto the people, and required the Executive Committee to mittee, and an abstract of them is contained in the fol. take the necessary steps for that purpose.
ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE
STATE CONSTITUTION, DEC. 15, 1855.
843 72 11 48 137
18 135 42 24 35 72 21 18 12 89 42 32 56 39 3) 21
22 23 89 16 5 6
Grasshopper Falls. 10 Doniphan.
Jesse Padur's. 11
St. Joseph's Bottom.
18 186 42 24 35 72 31 21 12 43 60 37 59 44 31 21 20 14 19 45 54 22 23 12 28 20 47 19
7 24 15 33 73 7
14 19 45 54 22 28 12 23 21) 47 19
40 50 21 22 12 28 16 45 19
18 14 39) 71 1
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 Decem- of popular will, and Congress should refuse to grant the 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, 1956, 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 Conral 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 Teriitories. 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 Congres, 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, 1855.
This was a Committee, the Constitution thus adopted fairly ex- party convention, and a party calling itself the Freepresses the will of the majority of the settlers. They State party was then organized. It was in no way connow 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 conWhether the result of them is sanctioned by the actio/ vention, instead of the day prescribed by the alleged legislative assembly. Andrew H. Reeder was put in j had attended the meeting. Your Committee have nomination as Territorial delegate to Congress, and an deemed it proper to detail the particulars of this rescue, election was provided for under the regulations pre- as it was made the groundwork of what is known as the scribed for the election of March 30, 1855 excepting as Wakerusa War. On the same night of the rescue, the to the appointment of officers, and the persons to whom cabins of Coleman and Buckley were burned, but by the returns of the elections should be made. The elec- whom, is left in doubt by the testimony. tion was held in accordance with these regulations, and On the morning of the rescue of Branson, Jones was A, H. Reeder received 2,827 votes.
at the village of Franklin, near Lawrence. The rescue The resolutions passed by this convention indicate the was spoken of in the presence of Jones, and more con. state of feeling which existed in the Territory in conse- versation passed between two others in his presence, as querce of the invasion from Missouri, and the enact- to whether it was most proper to send for assistance to ments of alleged legislative asseinbly. The language Col. Boone, in Missouri, or to Gov. Shannon. Jones of some of the resolutions is violent, and can only be wrote a dispatch and handed it to a messenger. As soon justified either in consequence of the attempt to enforce as he started, Jones said: “That man is taking my che grossest acts of tyranny, or for the purpose of guard- dispatch to Missouri, and by G-d I'll have revenge ing against a similar invasion in future.
before I see Missouri.", A person present, who was In the fall of 1855, there sprang out of the existing examined as a witness, complained publicly that the d scords and excitement in the Territory, two secret dispatch was not sent to the Governor; and within half Five-State societies. They were defensive in their cha- an hour one was sent to the Governor by Jones, through racter, and were designed to form a protection to their Hargous. Within a few days, large numbers of men membe:s against unlawful acts of violence and assault. from the State of Missouri gathered and encamped on One of the societies was purely of a local character, and the Wakerusa. They brought with them all the equipwas confined to the town of Lawrence. Very shortly ments of war. To obtain them, a party of men under after its organization, it produced its desired effect, and the direction of Judge T. V. Thompson broke into the then went out of use and ceased to exist. Both societies United States arsenal and armory at Liberty, Missouri, were cumbersome, and of no utility except to give con- and after a forcible detention of Captain Leonard (then fidence to the Free-state men, and enable them to know in charge), they took the cannon, muskets, rifles, powder, and aid each other in contemplated danger. So far as harness, and indeed all the materials and munitions of the evidence shows, they led to no act of violence in war they desired, some of which have never been resistance to either real or alleged laws.
returned or accounted for. On the 21st day of November, 1855, F. M. Coleman, a The chief hostility of this military foray was against Pro-Slavery man, and Charles W. Dow, a Free-State the town of Lawrence, and this was especially the case man, had a dispute about the division line between their with the officers of the law. respective claims. Several hours afterward, as Dow was Your Committee can see in the testimony no reason, passing from a blacksmith shop toward his claim, and excuse, or palliation for this feeling, Up to this time, no by the cabin of Coleman, the latter shot Dow with a warrant or proclamation of any kind had been in the double-barreled gun loaded with slugs. Dow was un- hands of any officer against any citizen of Lawrence. aimed. He fell across the road and died immediately. No arrest had been attempted, and no writ resisted in This was about 1 o'clock, P.. His dead body was al. that town. The rescue of Branson sprang out of a lowed to lie where it fell until after sundown, when it was murder committed thirteen miles from Lawrence, in a conveyed by Jacob Branson to his house, at which Dow detached settlement, and neither the town nor its boarded. The testimony in regard to this homicide is citizens extended any protection to Branson's rescuers. voluminous, and shows clearly that it was a deliberate on the contrary, two or three days after the rescue, S. murder by Coleman, and that Harrison Bulkley and a N. Wood, who claimed publicly to be one of the rescuing Mr. Hargous were accessories to it. The excitement party, wished to be arrested for the purpose of testing caused by it was very great among all classes of the the Territorial laws, and walked up to Sheriff Jones and settlers. On the 26th, a large meeting of citizens was shook hands with him, and exchanged other courtesies. held at the place where the murder was committed, and He could have been arrested without difficulty, and it resolutions passed that Coleman should be brought to was his design, when he went to Mr. Jones, to be arjustice. In the meantime, Coleman had gone to Missouri, rested ; but no attempt was made to do so. and then to Gov. Shannon, at Shawnee Mission, in It is obvious that the only cause of this hostility is the Johnson County. He was there taken into custody by known desire of the citizens of Lawrence to make Kansas S. J. Jones, then acting as Sheriff. No warrant was issued a Free State, and their repugnance to laws imposed upon or exam'nation had. On the day of the meeting at Hickory them by non-residents. Point, Harrison Bradley procured a peace warrant Your Committee do not propose to detail the incidents against Jacob Branson, which was placed in the hands connected with this foray. Fortunately for the peace of of Jones. That same evening, after Branson had gone the country, à direct conflict between the opposing to bed, Jones came to his cabin with a party of about forces was avoided by an amicable arrangement. The 25 persons, among whom were Hargous and Buckley- losses sustained by the settlers in property taken and burst open the door, and saw Branson in bed. He then time and money expended in their own defense, added drew his pistol, cocked it, and presented it to Branson's much to the trials incident to a new settlement. Many breast, and said, “You are my prisoner, and if you persons were unlawfully taken and detained-in some move I will blow you through.” The others cocked their cases, under circumstances of gross cruelty. This was guns and gathered round him, and took him prisoner. I especially so in the arrest and treatment of Dr. G. A. They all mounted and went to Buckley's house. After Cutter and G. F. Warren. They were taken, without a time, they went on a circuitous route toward Blanton s cause or warrant, sixty miles from Lawrence, and when Bridge, stopping to “ drink” on the way. As they ap- Dr. Cutter was quite sick. They were compelled to go proached the bridge, there were thirteen in the party, to the camp at Lawrence, were put into the custody of several having stopped. Jones rode up to the prisoner “Sheriff Jones," who had no process to arrest themand, among other things, told him that he had heard they were taken into a small room kept as a liquor shop, there were one hundred men at your house to-day," and which was open and very cold. That night, Jones came “that he regretted they were not there, and that they in with others, and went to “playing poker at twentywere cheated out of their sport.” In the meantime, the five cents ante." The prisoners were obliged to sit up alarm had been given in the neighborhood of Branson's all night, as there was no room to lie down, when the arrest, and several of the settlers, among whom were men were playing. Jones insulted them frequently, and some who had attended the meeting at Hickory Point told one of them he must either “tell or swing." The that day, gathered together. They were greatly excited; guard then objected to this treatment of prisoners, and the alleged injustice of such an arrest of a quiet settler, Jones desisted. under a peace warrant by “Sheriff Jones," aided by two While we remained in the Territory, repeated acts of men believed to be accessory to a murder, and who were outrage were committed upon the quiet, unoffending citiallowed to be at large, exasperated them, and they pro- zens, of which we received authentic intelligence. Men ceeded as rapidly as possible by a' nearer route than were attacked on the highway, robbed, and subsequently that taken by Jones, and stopped near the house of J. S. imprisoned. Men were seized and searched, and their Abbott, one of them. They were on foot as Jones's weapons of defense taken from them without compensaparty approached on a canter. The rescuers suddenly tion. Horses were frequently taken and appropriated. formed across the road in front of Jones and his party. Oxen were taken from the yoke while plowing, and butchJones halted, and asked, “What's up?" The reply was, ered in the presence of their owners. One young man
That's what we want to know. What's up?" Branson was seized in the streets of the town of Atchison, and, unsaid, " They have got me a prisoner.” Some one in the der circumstances of gross barbarity, was tarred and cotrescuing party told him to come over to their side. He toned, and in that condition was sent to his family. AU did so, and dismounted, and the mule he rode was driven the provisions of the Constitution of the United States, se over to Jones's party : Jones then left. Of the persons curing persons and property, are utterly disregarded. The engaged in this rescue, three were from Lawrence, and officers of the law, instead of protecting the people, were
in some instances engaged in these outrages, and in no in- mine on his peril, we declined to give him any protection
thority, confined, with other citizens, under a military
law, This force was not resisted, because it was collected and Second That the alleged Territorial Legislature was marshaled under the forms of law. But this act of bar- an illegally-constituted body, and had no power to pass barity, vnexampled in the history of our Government, was valid laws, and their enactments are, therefore, null and followed by its natural consequences.
All the restraints void. which American citizens are accustomed to pay even to Third. That these alleged laws have not, as a general the appearance of law, were thrown off; one act of vio- thing, been used to protect persons and property and to lence led to another; homicides became frequent. A punish wrong, but for unlawful purposes. party under H. C. Pate, composed chiefly of citizens of Fourth. That the election under which the sitting DeleMissouri, were taken prisoners by a party of settlers; and gate, John W. Whitfield, holds his seat, was not held in while your Committee were at Westport, a company chiefly pursuance of any valid law and that it should be regarded of Missourians, accompanied by the acting Delegate, went only as the expression of the choice of those resident citito relieve Pate and his party, and a collision was prevented zens who voted for him, by the United States troops. Civil war has seemed im- Fifth. That the election under which the contesting pending in the Territory. Nothing can prevent so great a Delegate, Andrew H. Reeder, claims his seat, was not held calamity but the presence of a large force of United States in pursuance of law, and that it should be regarded only troops, under a commander who will with prudence and as the expression of the choice of the resident citizens who discretion quiet the excited passions of both parties, and voted for him. expel with force the armed bands of lawless men coming Sixth. That Andrew H. Reeder received a greater num. from Missouri and elsewhere, who with criminal pertina- ber of votes of resident citizens than John W. Whitfield, city infest that Territory.
for Delegate. In some cases, and as to one entire election district, the Seventh. That in the present condition of the Territory, condition of the country prevented the attendance of a fair election cannot be held without a new census, a witnesses, who were either arrested or detained while obey- stringent and well-guarded election law, the selection of ing our process, or deterred from so doing. The Sergeant- impartial Judges, and the presence of United States troops at-Arms, who served the process upon them, was himself at every place of election. arrested or detained for a short time by an armed force, Eighth. That the various elections held by the people claiming to be a part of the posse of the Marshal, but of the Territory preliminary to the formation of the State was allowed to proceed upon an examination of his pa- Government have been as regular as the disturbed condi. pers, and was furnished with a pass, signed by “Warren tion of the Territory would allow; and that the ConstituD. Wilkes, of South Carolina.” John Upton, another offi- tion passed by the Convention, held in pursuance of said cer of the Committee, was subsequently stopped by a law- elections, embodies the will of a majority of the people. less force on the borders of the Territory, and after being As it is not the province of your Committee to suggest. - detained and treated with great indignity, was released. remedies for the existing troubles in the Territory of KanHe also was furnished with a pass signed by two citizens sas, they content themselves with the foregoing statement of Missouri, and addressed to “Pro-Slavery men.” By of facts. reason of these disturbances, we were delayed in Westport, All of which is respectfully submitted. so that while in session there, our time was but partially
WM. A. HOWARD, occupied.
JOHN SHERMAN, But the obstruction which created the most serious embarrassinent to your Committee, was the attempted arrest of Gov. Reeder, the contesting Delegate, upon a writ of The Free-State Constitution framed at Toattachment issued against him by Judge Lecompte, to compel his attendance as a witness before the Grand 'Jury of peka for Kansas, by the Convention called by Douglas County., William Fane, recently from the State the Free State party, (as set forth in the foro. of Georgia, and claiming to be the Deputy Marshal, came going documents,) was in due season submitted int the room of the Committee, while Gov. Reeder was examining a witness before us, and producing the writ re
to Congress-Messrs. Andrew H. Reeder (the quired Gov. Reeder to attend him. Subsequent events Free-State Territorial delegate) and James H. have only strengthened the conviction of your Committee, Lane having been chosen by the first Free State that this was a wanton and unlawful interference by the Judge who issued the writ, tending greatly to obstruct a fuli Legislature, Senators of the United States, and and fair investigation. Gov. Reeder and Gen. Whitfield Mr. M. W. Delahay elected Representative in the alone were fully possessed of that local information which House, by the Free State men 'of Kansas. would enable us to elicit the whole truth, and it was obvi. Of course, these were not entitled to their seats cus to every one that any event which would separate either of them from the Committee, would necessarily hin- until the aforesaid instrument (known as the der, delay, and embarrass it. Gov. Reeder claimed that, Topeka Constitution ") should be accepted by under the circumstances in which he was placed, he was Congress, and the State thereupon admitted privileged from arrest except for treason, felony, or breach into the Union. This Constitution, being form. of the peace.
As this was a question of privilege, proper for the Courts, or for the privileged person alone to deter- ally presented in either House, was received and
referred to their respect' ve Committees on Ter- Mr. Stephens's substitute, as thus amended by ritories; but the accompanying Memorial from its adversaries, was abandoned by its original the Free State Legislature, setting forth the friends, and received but two votes—those of grounds of the application, and praying for ad- Messrs. George G. Dunn. of Indiana, and John mission as a State, was, after having been re- Scott Harrison, of Ohio--Nays, 210. ceived by the Senate, reconsidered, rejected, Mr. Dunn had previously moved a reference and returned to Col. Lane, on the allegation of the bill to the Committee of the Whole on that material changes had been made in it since the state of the Union. This was now defeated : it left Kansas. The Senate, in like manner, re. Yeas, 101 ; Nays, 109. jected repeated motions to accept the Constitu- Mr. Jones, of Tennessee, now moved that the tion, and thereupon admit Kansas as a Free bill do lie on the table, which was defeated. State-there never being more than Messrs. Yeas, 106; Nays, 107; (Barclay of PennsylHamlin and Fessenden, of Maine, Hale and Bell, vania, Dunn of Indiana, Haven and Williams, of New-Hampshire, Collamer and Foot, of Ver- of New-York.— Yeas : Bayard Clarke, of Newmont, Sumner and Wilson, of Mass., Foster, York, Hickman and Millward, of Pennsylvania, of Connecticut, Seward and Fish, of New-York, Moore, of Ohio, and Scott, of Indiana.—Nays : Wade, of Ohio, Durkee and Dodge, of Wiscon- Scott Harrison, of Ohio, not voting, Wells of sin, Trumbull
, of Illinois, and Harlan, of Iowa, Wisconsin, absent). The House now refused (16) Senators in favor of such admission, and to adjourn by 106 to 102; and, after a long these never all present at the same time. struggle, the final question was reached, and the
In the House--the aforesaid Constitution and bill rejected : Yeas, 106; Nays, 107. Memorial having been submitted to the Com- So the bill was lost. mittee on Territories—its Chairman, Mr. Grow, July 1st.-Mr. „Barclay, (Dem.) of Pennsylof Penna., from a majority of said Committee, vania rose to a privileged motion. He moved reported in favor of the admission of Kansas a reconsideration of the preceding vote, by under such Constitution, as a Free State ; and which the Free-Kansas bill had been rejected. after debate the Previous Question thereon was A stormy debate ensued, in the midst of which ordered (June 28th) by a vote of 98 Ayes to Mr. Howard, of Michigan, rose to a question of 63 Noes. Previous to this, however, Mr. Ste higher privilege (as affecting the right of a phens, of Georgia, had proposed, as an amend member [delegate] to his seat) and submitted ment or substitute, a radically different bill, the report of the Kansas Investigating Comcontemplating the appointment by the Presi- mittee (already given). The Speaker sustained' dent and Senate of five Commissioners, who the motion, and the House sustained the should repair to Kansas, take a census of the Speaker. The report was thereupon presented inhabitants and legal voters, and thereupon pro- and read, consuming a full day. ceed to apportion, during the month of Septem- July 3rd.—The question of reconsidering the ber, 1856, the delegates (52) to form a Consti- vote defeating the Free-Kansas bill was again tutional Convention, to be elected by the legal reached. Mr. Houston, of Alabama, moved that voters aforesaid ; said delegates to be chosen do lie on the table; defeated : Yeas, 87; on the day of the Presidential election (Tues- Nays, 102. The main question was then orderday, Nov. 4th, 1856), and to assemble in Con-ed: Yeas, 101 ; Nays, 98; and the reconsideravention on the first Monday in December, 1856, tion carried : Yeas, 101 ; Nays, 99. The previous to form a State Constitution. The bill proposed, question on the passage of the bill was now also, penalties for illegal voting at said election ordered : Yeas, 99; Nays, 96; a motion by To this substitute-bill
, Mr. Dunn, of Indiana, Mr. McQueen, of South Carolina, to lay the bill proposed the following amendinent, to come in on the table was defeated : Yeas, 97; Nays, at the end as an additional section:
100; and then the bill was finally passed : Yeas, Sec. 18.- And be it further onacted, That so much of
99; Nays, 97. the fourteenth section and of the thirty-second section of
Mr. Grow, of Pennsylvania, moved the recon. the act passed at the first session of the Thirty-Third Consideration of this vote, and that the motion to gress, commonly called the Kansas and Nebraska act, as reconsider do lie on the table, which was pere reads as follows: “ Except the eighth section of the act preparatory to the admission of Missouri into the Union, mitted, without further division. approved March 6, 1820), which, being inconsistent with June 30th.—Mr. Douglas reported to the the principle of non-intervention by Congress with Senate on several bills submitted by Messrs. Slavery in the States and Territories, as recognized by Clayton, Tombs, and others, for the pacifica the legislation of 1850, commonly called the Compromise Measures, is hereby declared inoperative and void ; it tion of the Kansas troubles, as also decidedly being the true intent and meaning of this act not to legis. against Gov. Seward's proposition to admit late Slavery into any State or Territory, or to exclude it Kansas as a Free State, under her Topeka Contherefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their stitution. Mr. Collamer, being the minority of own way, subject only to the Constitution of the United the Territorial Committee, made a brief and States : Provided, That nothing herein contained shall
Mr. Douglas gave be construed to revive or put in force any law or regula- pungent counter-report. tion which may have existed prior to the act of 6th of notice that he would ask for a final vote on the March, 1820, either protecting, establishing, prohibiting, day after the next. or abolishing Slavery," be, and the same is hereby, re. July 1st.—Bill debated by Messrs. Thompson pealed. Povided, That any person or persons lawfully held to service within either of the Territories named in of Ky., Hale of N. H., Bigler of Pa., Adams of said act shall be discharged from such service, if they shall Miss., and Crittenden of Ky. not be removed and kept out of said Territories within July 2d.—Debate continued through the day twelve months from the passage of this act.
and following night, the majority resisting all Mr. Dunn's amendment to the Stephens motions to adjourn. Messrs. Wade, Pugh, amendment or substitute, was carried : Yeas, Briggs, Bigler, Toombs, Clayton, Crittenden, 109; Nays, 102.
Bell, Seward, Hale, and nearly half the Senate
participated. Au amendment moved by Mr. ) patrick, Geyer, Hunter, Iverson, Johnson, Jones of lova, Adams, of Miss., the day before, striking out so Stuart, Thompson of Kentucky, Toombs, Toucey, Weller,
Mallory, Mason, Pratt. Pugh, Reid, Sebastian, Slidell, much of the bill as secures the Right of Suf- Wright, and Yulee-36. frage, in the propos&d reorganization of Kansas, to alien residents who shall have declared their ing amendment:
Mr. Foster, of Connecticut, moved the followintention to become citizens, and renounced
SEC.-And be it further enacted, That, until the inall allegiance to foreign governments, was habitants of said Territory shall proceed to hold a Cooadopted: Yeas, 22; Nays, 16. .
vention to form a State Constitution according to the proSome time in the morning of July 3d, the fol- visions of this act, and so long as said Territory remains
& Territory, the following sections contained in chapter lowing amendment, reduced to shape by Mr.
one hundred and fifty-one, in the volume transmitted to Geyer, of Mo., was added to the 18th section of the Senate, by the President of the United States, as conthe bill—only Brown, of Miss., Fitzpatrick, of taining the laws of Kansas, be, and the same are hereby, Ala., and Mason, of Va., voting against it: declared to be utterly null and void, viz :
"$ 12. If any free person, þy speaking or by writing, as. Yeas, 40. It provides that
sert or maintain that persons have not the right io hold slaves No law shall be made or have force or effect in said paper, magazine, pamphlet, or circular, containing any denial
in this Territory, or shall introduce into this Territory any book, Territory [of Kansas) which shall require any attesta- of the right of persons to hold slaves in this Territory, such tion or oath to support any act of Congress or other persons shall be deemed guilty of felony, and punished by imlegislative act, as a qualification for any civil office, prisonment at hard labor for a term of not less ihan two years. public trust, or for any employment or profession, or to
"§ 13. No person who is conscientiously opposed to hold. serve as a juror, or vote at an election, or which shall ing slaves, or who does not admit the right to hold slaves in
this Territory, shall sit as a juror on the trial of any proimpose any tax upon, or condition to the exercise of
secution for the violation of any one of the sections of this the right of suffrage, by any qualified voter, or which act.” shall restrain or prohibit the free discussion of any law or subject of leg'slation in the said Territory, or the f.ee
This was rejected [as superfluous, or covered exp.ession of opinion thereon by the people of said Ter-by a former amendment,] as follows: ritory.
YEAS.—Messrs. Allen, Bell of New-Hampshire, Clay. Mr. Trumbull, of Ill., moved the following: ton, Collamer, Durkee, Fessenden, Foot, Foster, Hale, And be it further enacted, That it was the true in
Seward, Trumbull, Wade, and Wilson-13. tent and meaning of the ". aci to organize the Territories Bright, Brodhead, Brown, Cass, Clay, Dodge, Douglas,
Nays. -Messrs. Bayard, Benjamin, Biggs, Bigler, of Nebraska and Kansas,” not to legislate Slavery into Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johuson, Kansas, nor to exclude it therefrom, but to leave the Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Sebaspeople thereof perfectly free through their Territorial Legislature to regulate the institution of Slavery in their tian, Slidell, Stuart, Thompson of Kentucky, Toombs, own way, subject to the Constitution of the United Toucey, Weller, Wright, and Yulee-32. States; and that, until the Territorial Legislature acts Mr. Wilson, of Massachusetts, moved that the upon the subject, the owner of a slave in one of the whole bill be stricken out-and another inserted States has no right or authority to take such slave into the Territory of Kansas, and there hold him as a slave; instead, repealing all the Territorial laws of but every slave taken to the Territory of Kansas by his Kansas. owner for purposes of settlement is hereby declared to be free, unless there is some valid act of a duly constituted Collamer, Durkee, Fessenden, Foster, Seward,
Rejected: Yeas, 8, (Bell, of New-Hampshire, Legislative Assembly of said Territory, under which he may be held as a slave.
Wade, and Wilson ;) Nays, 35. The Yeas and Nays being ordered, the
Mr. Seward moved to strike out the whole
proposition was voted down-Yeas, 9; Nays, 34– bill, and insert instead one admitting Kansas as as follows:
a Free State, under the Topeka Constitution : YEAS.-Messrs. Durkee, Fessenden, Foot, Foster, Hale,
Defeated-Yeas, 1:1 ;Nays, 36—as follows:
Yeas.-Messrs. Bell of New Hampshire, Collamer
Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Siidell,
Wright, and Yulee 36. was intended to, and does, confer upon, or leave to, the
The bill was now reported as amended, and people of the Territory of Kansas full power, at any time, the amendment made in Committee of the ihrough its Territorial Legislature, to exclude siavery Whole concurred in. The bill was then (8 A. from said Territory, or to recognize and regulate it there- m.) ordered to be engrossed and read a third in. This, too, was voted down. Mr. Trumbull the vote stood —Yeas, 33; Nays, 12—as follows:
time; and, on the question of its final passage, then proposed the following:
Y.As. -Messrs. Allen, Bayard, Bell of Tennessee, BepAnd be it further enacted, That all the acts and pro- jamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, ceedings of all and every body of men heretofore assem- Clay, Crittenden, Douglas, Evans, Fitzpatrick, Geyer, bled in said Territory of Kansas, and claiming to be a Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Pratt, Legislative Assembly thereof, with authority to pass laws Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Ken. for the givernment of said ferritory, are hereby declared tucky, Toombs, Toucey, Weller, Wright, and Yulee 83. to be utterly null and void. And no person shall hold NAYS.—Messrs. Bell of New-Hampshire, Collamer, any office, or exercise any authority or jurisdiction in Dodge, Durkee, Fessenden, Foot, Foster, Hale, Seward, said Territory, under or by virtue of any power or Trumbull, Wade, and Wilson-12. authority derived fiom such Legislative Assembly; nor shall the members thereof exercise any power or authority
The bill was then sent to the House. It pro. as such.
vides that five competent persons appointed by This, too, was voted down, as follows: the President, shall take a census of the legal
YEAS.-Messrs. Bell of New-Hampshire, Collamer, voters of the Territory on the 4th of July, 1856, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, these to be apportioned into 52 districts, for the Wade, and Wilson—11.
Nays.-Messrs. Alams, Allen, Bayard, Bell of Ten purpose of electing delegates to form a State nessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Constitution ; it imposes penalties for using Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitz’ | force or threats to influence any qualified voter