KANSAS AFFAIRS. THE REPORT ()FT H E INVESTIGATING COMMITTEE; PRESENTED TO THE HOUSE OF REPRESENTATIVES. WASHINGTON, JULY 1st and 2d, 1856. F 6^5 — — — CINCINNATI: Published by Geo. H. Biaiichai'd, tt» West. Fourth Street 185C. KANSAS AFFAIBS. THE REPORT OF THE CONGRESSIONAL INVESTIGATING COMMITTEE. A journal of proceedings, inc'uding sundry communications made to and by the committee, was kept, a copy of which is herewith submitted. The testimony also is herewith submitted; a copy of it has been made and arranged, not according to the order in which it was taken but so as to pre- sent, as clearly as possible, a consecutive history of events in the Territory, from its organization to the 19th day of March, A. D. 1856. Your committee deem it their duty to state, as briefly as possible, the principal facts proven be- fore them . When the act to organize the Tertitory of Kansas was passed, on — day of May, 185 ; , the greater portion of its eastern border was in- cluded in Indian reservations not open for settle- ment, and there were but few white settlers in any portion of the Territory. Its Indian population was rapidly decreasing, while many emigrants from different parts of our country were anxiously wait- ing the extinction of the Indian title, and the es- tablishment of a Territorial government, to seek new homes in its fertile prairies. It cannot be doubted that if its condition as a free Territory had been left undisturbed by Congress, its settlement would have been rapid, peaceful and prosperous. Its climate,soil, and its easy access to the older set- tlements would have made it the favored course for the tide of emigration constantly flowing to the West, and, by this time, it would have been ad- mitted into the Union as a Free State, without the least sectional excitement. If so organized, none but the kindest feeling could have existed between it and the adjoining State. Their mutual interests and intercourse, instead of, as now, endangering the harmony of the Union, would have strengthen- ed the ties of national brotherhood. Thetestimo- ny clearly shows that before the proposition to re- peal the Missouri Compromise was introduced in- to Congress the people of Western Missouri ap- peared indifferent to the prohibition of slavery in the Territory, and neither asked nor desired its re- peal. Wheu, however, the prohibi.ion was removed by the action of Congress, the aspect of affairs en- tirely changed. The whole country was agitated by the re-opening of a controversy which conser- vative men in different sect ons hoped had been settled in every State and Territory by some law beyond the danger of repeal. The excitement which has always accompanied the discussion of the slavery question was greatly increased by the hope on the one hand of extending slavery into a region from which it had been excluded by law; and on the other by a sense of wrong done by what was regarded as a dishonor of a national compact. This excitement was naturally trans- ferred into the border counties of Missouri and the Territory as settlers favoring free or slave insti- tutions moved into it. A new difficulty soon oc- curred. Different constructions were put upon the organic law. It was contended by the one party that the right to hold slaves in the Territory existed, and that neither the people nor the Terri-. torial Legislature could prohibit slavery — that that power was alone possessed by the people when they were authorized to form a State government. Itws contended that the removal of the restric- tion virtually established slavery into the Territo- ry. This claim was urged by many prominent men in Western Missouri, who actively engaged in the affairs of the Territory. Every movement ot whatever character which tended to establish free institutions was regarded as an interference with their rights. Within a few days after the organic law passed, and as soon as its passage could be known on the border, leading citizens of Missouri crossed into the Territory, held squatter meetings, and then re- turned to their homes. Among their resolutions are the following: — That we will afford protection to no abolitionist as a settler of this Territory. That we recognize the institution of slavery as already existing in this Territory, and advise slaveholders to introduce their property as early as possible. Similar resolutions were passed in various parts of the Teiritory, and by meetings in several coun- ties of Missouri. Thus the first effect of the re- striction against slavery was to substitute the re- solves of squatter meetings, composed almost ex- clusively of citizens of a aingle State, for the de- liberate action of Congress, acquiesced in for thir- ty-five years- This unlawful interference has been continued in every important event in the history of the Ter- ritory; every election has been controlled, not by the actual settlers, but by citizens of Missouri,and as a consequence every officer in the Territory, from constables to legislators, except those ap- pointed by the President, owe their position to non- resident voters. None have been elected by the settlers, and your committee have been unable to find that any political power whatever, however unimportant, has be jii exercised by the people of the Territory. In October, A. D. 1854, Governor A. H. Reeder and the other officers appointed by the President ar- rived in the Territory. Settlers from all parts of the country were moving in great numbers, mak- ing their claims and building their cabins. About the same time, and before any election was or could 78825 be held in the Territory, a secret political society was formed, in the State of Missouri. It was known by different names, sue 1 as -'Social Band," "Friends Society," "Blue Lodge," "The Sons of the South." Its members were bound together by secret oaths, and they had passwords, signs and grips by which they were known to each other. — Penalties were imposed for violating the rules and secrets of the Order. Written minutes were kept of the proceedings of the lodges, and the different lodges were connected together by an effective or- ganization. It embraced great numbers of the cit- izens of Missouri, and was extended into other slave States, and into the Territory. Its avowed purpose was not only to extend slavery into Kan- sas, but als'' into other territory of the United States, and to form a union of all the friends of that institution. Its plan of operating was to or- ganize and send men to vote at the elections in the Territory, to collect money to pay their expenses, and if necessary to protect them in voting. It also proposed to induce the pro-slavery men to emi- grate into the Territory, to aid and sustain them while there, and to elect none to office but those friendly to their views. This dangerous society was controlled by men who avowed their purpose to extend slavery into the Territory at all Hazards, and was altogether the most effective instrument in organizing the subsequent armed invasions and forays. In its lodges in Missouri the affairs of Kansas were discussed, the force necessary to control the election was divided into bands, and leaders selected, means were collected, and signs and badges were agreed upon. "While the great body of the actual settlers of the Territory were relying upon the rights secured to them by the organic law, and had formed no organization or combination whatever, even of a party character, this conspiracy against their rights was gathering strength in a neighboring State, and would have been sufficient at their first election to have over- powered them, if they had been united to a man. Tour committee had gr :at difficulty in eliciting the proof of the details in regard to this secret society. One witness, member ot the Legislative Council, refused to answer questions in reference to it. Another declined to answer fully, because to do so would result to his injury. Others could or would only answer as to the general purposes of the society, but sufficient is disclosed in the testi- mony to show the influence it had in cont oiling the elections of the Territory. The first election was t or a delegate to Congress. It was appointed for the 29th o November, 1854. The Governor divided the Territory into seventeen election districts, appointed Judges, and prescribed proper rules for the election. In the First, Third, Eighth, Ninth, Tenth, Twelfth, Thirteenth and Sev- enth districts, there appears to have been but little if any fraudulent voting. The election in the Second district was held at the village of Douglas, nearly fifty miles from the Missouri line. On the day before the election large companies of men came into the district in wagons and on horseback, and declared that they were from the State of Missouri, and were going to Douglas to vote. On the morning of the election they gathered around the house where the election was to be held. Two of the Judges appointed by the Governor did not appear, and other Judges were elected by the crowd. All then voted, in order to make a pretence of ri?b:. tc vote, soai.e persons of the company kept a pretended register of squatter claims, on which any man could enter his name and then assert he had a claim to the Ter- ritory. A citizen of the district who was himself a candidate to Congress, was told by one of the strangers, that he would be abused and probably killed if he challenged a vote. He was seized by the collar, called a d — d abolitionist, and was compelled to seek protection in the room with the Judges. About the tivr.e the polls were closed, these strangers mounted their horses and got into their wagons and cried out, "All aboard for West- port and Kansas City." A number were recogni- zed as residents of Missouri, and among them was Samuel H. Woodson, a leading lawyer of Inde- pendnce. Of those whose names were on the poll books, 35 were resident settlers and 226 were non- residents. The election in the Fourth District was held at Dr. Chapman's, over 40 miles from the Missouri State line. It was a thinly settled region, contain- ing but 47 voters in February, 1855, when the cen- sus was taken. On the day before the election, from 100 to 150 citizens of Cass and Jackson coun- ties, Mo., came into this district, declaring their purpose to vote, and that they were bound to make Kansas a slave State, if they did it at the point of ihe sword. Persons of the party on the way drove each a stake in the ground and called it a claim — and in one case several names were put on one stake. The party of strangers camped all night near where the election was to be held, and in the morning were at the election polls and vo- ted. One of their party got drunk, and to get rid of Dr. Chapman, a judge of the election, they sent for hin to come and see a sick man, and in his ab- sence, filled his place with another Judge, who was not sworn. They did not deny or conceal that they were residents of Missouri, and many of them were recognized as such by others. They declared that they were bound to make Kansas a slave State. — They insisted upon theii right to vote in the Terri- tory if they were in it one hour. After the election they again returned to their homes in Missouri, camping over night on the way. We find upon the poll books 161 names; of these not over 30 resides in the Territory, 131 were non- residents. But few settlers attended the election in the Fifth District, the District being large, and the settlement scattering. Eighty-two votes were cast; of these between 20 and 30 were settlers, and the resi- due were citizens of Missouri. They passed into the Territory by the way of the Santa Fe road, and by the residence of Dr. Westfal!, who then lived on the western line of Missouri. Some little excitement arose at the ^olls as to the legali- ty of their voting; but they did vote for General Whitfield, and said they intended to make Kansas a slave State, and that they had claims in the Ter- ritory. Judge Teazle, Judge of the Court in Jack- son county, Missouri, was present, but did not vote. He said he did not intend to vote, but came to see that others voted. After the election the Missourians returned the way they came. The election in the Sixth District was held at Fort Scott, in the south-east part of the Territory, and near the Missouri line. A party of about one hundred men from Cass, and the counties in Mis- souri south of it, went into the Territory, traveling about 45 miles, most of them with their wagons and tents, and camping out. They appeared at the place of election. Some attempts were made to swear them, but two of the judges were prevailed upon not to do so, and none were sworn, and as many chose voted. There were but a few resident voters at the polls. The settlement was sparse — about 25 actual settlers voted out of 105 votes cast, leaving 80 illegal votes. After the voting was over the Missourians went to their wagons and commenced leaving for home. The most shameless fraud practised upon the rights of the settlers at this election was in the Seventeenth district. It is a remote settlement, about 75 miles from the Missouri line, and con- tained in February, A. D. 185^, three months af- terward, when the census was taken, but 5.3 voters, and yet the poll books show that 64-O^votes were cast. The election was held at the house of Frey McGee, at a place called " 110." But few of the actual se tiers were present at the polls. A witness who formerly resided in Jackson county, Mo., and was well acquainted with the citizens of that county j 2 says that he saw a great many wagons and tents at the place of election, and many individuals he knew from Jackson county. He was in their tents and conversed with some of them, and they told him they had come with the intention of voting. He went to the polls, intend- ing to vote for Flennekin, and his ticket being of a different color from the rest, his vote was chal- lenged by Frey McGee, who had been appointed one of the judges but did not serve. Lemuel Ralston, a citizen of Missouri, was acting in his place. The witness then challenged the vote of a young man by the name of Nolan, whom he knew to reside in Jackson county. Finally the thing was hushed up, as the witness had a good many friends there from that county, and it mi*ht lead to a fight if he challenged any more votes. Both vo- ted and he then went down to their camp. He there saw many of his old acquaintances whom he knew had voted at the election in Augustprevious m Missouri, and who still resided in that State. By a careful comparison of the poll lists with the cen- sus rolls, we find but 12 names on the poll books who were voters when the census was taken three months afterwards, and we are satisfied that not more than 20 legal votes could have been polled at that election. The only residents who are known to have voted are named by the witness, and are 1 3 in number — thus leaving 584 illegal votes cast in a remote district, where the settlers within many miles were acquainted with each other. The total number of white inhabitants in Elev- enth district, in the month of February, A.D. 1855, including men, women and children, was 36, of whom 2 1 were voters — yet the poll lists in this dis- trict show that 245 votes were cast at this election. For reasons stated hereafter, in regard to the elec- tion on the 30th of March, your committee were unable to procure the attendance of witnesses from this district. From the records it clearly appears that the votes cast could not have been by lawful resident voters. The best test in the abse ice of direct proof bv which to ascertain the number of legal votes cast is by a comparison of the census roll with the poll book — by which it appears that but 7 resident settlers voted, and 23 o votes were il- legally and fraudulently given. The election in the Fourteenth district was held at the house of Benjamin Harding, a few miles from the town of St. Joseph, Missouri. Before the polls were opened, a large number of citizens of Buchanan county, Missouri, and among them many of the leading citizens of St. Joseph, were at the place of voting, and made a majority of the company present. At the time appointed by the Governor for opening the polls, two of the Judges were not there, and it became the duty of the legal voters present to select other Judges. The Judge who -was present suggested the name of Mr. Waterson as one of the Judges — but the crowd voted down the proposition. Some discussion then arose to the right of non-residents to vote for Judges, during which Mr. Bryant was nominated, and elected by the crowd. Some one nominated Col. John Scott as the other Judge, who was then and is now, a resident of St. Joseph. At that time he was the City Attorney of that place, and so con- tinued until this spring, but he claimed that the night before he had come to the house of Mr. Bryant, and had engaged boarding for a mon+h, and considered himself a resident of Kansas on that ground. The Judges appointed by the Governor refused to put the nomination of Col. Scott to vote, because he was m t a resident. After some discussion, Judge Leonard, a citizen of Mis- souri stepped forward, and put the vote himself ; and Mr. Scott was declared by him as elected by the crowd, and served as a judge of election that day. After the election was over, he returned to St. Joseph, and never since has resided in the Territory. It is manifest that this election of a non-resident lawyer as a judge was imposed upon the settlers by the citizens of the State. "When the Board of Judj.es was thus completed, the voting proceeded, but the effect of the rule adopted by the Judges allowed many, if not a majority of the non- residents to vote. They claimed that their presence on the ground, especially when they had a claim in the Territory, gave them a right to vote ; under that construction of the law, they readily, when required, swore they were "residents," and then voted. By this evasion, as near as your committee can ascertain from the testimony, as many as fifty illegal votes were cast in this district out of one hundred and fifty-three, the whole num- ber polled. The election in the Fi teenth district was held at /ensexan's, on Stranger creek, a tew muesrrom Weston, .Missouri. On the day of the election a large number of citizens of Platte county, but chiefly from Weston and Platte City, came in small parties, in wagon3 and on horseback to the polls. Among them were several leading citizens of that town,"and the names of many of them are given by the witnesses. They generally in sisted upon their right to vote, on the ground that every man having a claim in the Territory ceuld vote, no matter where he lived 15. All voted who chose. No man was challenged or sworn. Some of the residents did not vote. The purpose of the strangers in voting was declared to be to make Kansas a slave State 16. We find by the poll books that 306 votes were cast — of them we find but 57 are on the census rolls as legal voters in February following. Your Committee is satified from the testimony that not over 100 of those who voted had any right so to do, leaving; at least 206 illegal votes cast. The election in the Sixteenth District was held at Leavenworth. It was then a small village of three or four houses, located on the Delaware reserva- tion. There were but comparatively few settlers then in the district, but the number rapidly increased afterwar.i. On the day before and on the clay of the election, a great manv citizens, of Platte, Clay and Pay counties, crossed the river — most of them camping in tents and wagons about the town, "like a camp meeting." . Thev were in companies or messes of ten to fif- teen iii each, and numbered in all several hundred. They brought their own provisions and cooked it themselves, and were generally armed. Many of them wore known by the witnesses, and their names given, and their names are found upon their poll books. Among them were several persons of influence where they resided in Missouri, who held or had held high official positions in that State. They claimed to be residents of the Territory, from the fact that they were then present, and insisted on the right to vote, and did vote. Their avowed pur- pose in doing so was to make Kansas a slave State. These strangers crowded around the polls, and it was with great difficulty that the settlers could get to the rol's. One resident attempted to get to the polls in the afternoon, but was crowded and pulled back. He then went outside of the crowd and hurrahed for General Whitfield, and some of those who did not know him said, "That's a good pro-slavery man," and lifted him up over their heads so that he crawled on their heads and put in his vote. A person who saw from the color of his ticket that it was not for General Whitfield, cried out, "He is a damned abolitionist — let him down," and they dropped him. Others were passed to the polls in the same way, and others crowded up in the best way they could. After this mockery ot an election was over, the non-residents returned to their homes in Missouri. Of the 312 votes cast, not over 150 were by legal voters. The following abstract exhibits the whole num- ber of votes at this election for each candidate; the number of legal and illegal votes cast in each dis- trict: and the number of legal voters in each dis- trict in February following : A3STRACT OF ELECTIONS AND CENSUS NOV. 29, 1854. Whitfield 2,268 Wakefield 249 Flenniken 305 Scattering 21 Total 2,871 Legal votes 1,114 Illegal votes 1,729 Thus your committee find that in this the first election ia the Territory, a very large majority of the votes were cast by citizens of the State of Mis- souri, in violation of the organic law of the Terri- tory. Of the legal voters cast, Gen. Whitfield re- ceived a plurality. The settlers took but little in- terest in the election, not one half of them voting. This may be accounted for from the fact that the settlements were scattered over a great extent — that the term of the delegate to be elected was short — and that the question of free and slave in- stitutions was not generally regarded by them as distinctly at issue. Under these circumstances, a systematic invasion from an adjoining State, by which large numbers of illegal votes were cast in remote and sparse settlements, for the purpose of extending slavery into the Territory, even though it did not change the result of the election, was a crime of great magnitude. Its immediate effect was to further excite the people of the Northern States — induce acts of retaliation, and exasperate the actual settlers against their neighbors in Mis- souri. In January and February, A. D., 1855, the Gov- ernor caused an enumeration to be taken of the in- habitants and qualified voters in the territory, an abstract of which is here given : — ABSTRACT OF CENSUS RETURNS. Males 5,128 Females 3,373 Voters 2,905 Minors 3,469 Natives of U. S 7,161 Foreign birth 409 Negroes 151 Slaves 242 Total 8,501 On the same day the census was completed, the Governor issued his proclamation for an election to be held on the 30th of March, A. D. 1856, for mem- bers of the Legislative Assembly of the Territory. It prescribed the boundaries of districts, the places of polls, the names of Judges, the appointment of members, and recites the qualification of voters. If it had been observed, a just and fur election would have reflected the will of the people of the Territory. Before the election, false and inflam- matory rumors were busily circulated among the the people of Western Missouri. The number and character of the emigration then passing into the Territory were grossly exaggerated and misrepre- sented. Through the active exertions of many of its leading citizens, aided by the secret societies be- fore referred to, the passions and prejudices of the people of that State were greatly excited. Sever- al residents there have testified to the character of the reports circulated and accredited by the people. These efforts were successful. By an organized movement which extended from Andrew county in the n .rth to Jasper county in the south, and as far eastward as Boone and Cole counties, companies of men were arranged in regular parties and sent in- to evei y Council district in the Territory, and every Representative district but one. The number were so distributed as to control the election in each dis- trict. They went to vote, and with the avowed designs to make Kansas a slave State. They were generally armed and equipped, carried with them their own provisions and tents, and so marched into the Territory. The details of this invasion, from the mass of the testimony taken by your committee, are so voluminous that we can here state but the leading facts elicited. FIRST DISTRICT — MARCH 30, 1855 — LAWRENCE. The company of persons was marched into this District, collected in Ray, Howard, Carroll, Boone, La Fayette, Randolph, Saline and Cass counties, in the State of Missouri. Their expenses were paid — those who could not come contributed pro- visions, wagons, Ac. Provisions [were de- posited for those who were expected to come to Lawrence in the houses of William Lykins, and wsre distributed among the Missourians after they arrived there. The evening before and the morning of the day of election, about 1,000 men from the above counties arrived at Lawrence, and camped in a ravine a short distance from town, near the place of voting. They came in wagons — of which there were over one hundred — and on horseback, under the command of Col. Samuel Young of Boone county, Missouri, and Caiborne F. Jackson, of Missouri. They were armed with guns, rifles, pistols, and bowie-knives, and had tents, music and flags with them. They brought with them two pieces of artillery loaded with musket balls . On their way to Lawrence, some of them met Mr. N. B. Blanton, who had been appointed one of the Judges of Elec- tion by Gov. Reeder, and after learning from him that h? considered it his duty to demand an oath from them as to their place of residence, first at- tempted to bribe, and then threatened him with hanging in order to induce him to dispense with that oath. In consequence with these threats, he did not appear at the polls the next morning to act as Jndge. The evening before the election, while in camp, the Missourians were called together at the tent of Capt. Claiborne F. Jackson, and speeches were made to them by Col. Young and others, call- ing for volunteers to go to other districts where there werenotMis30unans enough to coD*rol the e.ecdon, and there were mere at Lawrence -hzn were needed there. Many volunteered to go, and the morning of the election, several compa- nies, from 150 to 200 men each, went off to Te- cumseh, Hickory Point, Bloomington, and other places. On the morning of the election, the Missourians came over to the place of -voting from their camp, in bodies of one hundred at a time Mr. Blanton not appearing, another Judge was appointed in bis place — Col. Young claiming that, as the people of the Territory had two Judges, it was nothing more than right that the Missouri- ans should have the other one, to look after then- interest : and Robert A. Cummins was elected in Blanton's stead, because he considered that every man had a right to vote if he had been in the Territory but an hour. The Missourians brought their tickets with them but not hav- ing enough, they had three hundred more printed in Lawrence on the evening before and the day of election They had white ribbons in their button-holes to distinguish themselves from the settlers. ( When the voting commenced the question of the legality of the vote of a Mr. Page was raised. Be- fore it was decided, Col. Samuel Young stepped up to the window where the votes were received, and said that he would settle the matter. The vote of Mr. Page was withdrawn, and Col. Young ! offered to vote. He refused to take the oath pre- ' scribed by the Governor, but swore he was a resi- ' dent of the Territory, upon which his vote was re- j ceived. He told Mr. Abbott, one of the : Judges, when asked if he intended to make Kansas j bis future home, that it was none of his business; ' that if he were a resident then he should ask no j more. After his vote was received, Colonel Young got up in the window-sill and announced, to the crowd that he had been permitted to vote, ' and they could all come up and vote. He told the Judges that there was no use in swearing the others, as they would all swear as he had done. After the other Judges concluded to receive Col. Young's vote, Mr. Abbott resigned as Judge of Election, and Mr. Benjamin was elected in his place. The polls were so much crowded until late in the evening, that for a time, when the men had voted, they were obliged to get out by being hoisted up on the roof of the building where the election was be- ing held, and pass over the house. After- ward a passageway through the crowd was made, by two lines of men being formed, through which the voters could get up to the polls. Colonel Young asked that the old men be allowed to go up first and vote, as they were tired with the traveling and wanted to go back to camp. The Missourians sometimes came up to the polls in procession, two by two, and voted. During the day the Missourians drove off the ground some ot the citizens— Mr. Stevens, Mr. Bond and Mr. Willis. They threatened to shoot Mr. Bond, and a crowd rushed after him threatening him, and as he ran from them some shots were fired at him, as he jumped off the bank of the river and made his escape. The citi- zens of the town went over in a body, late in the af- ternoon, when the polls had become comparatively clear, and voted. Before the voting had commenced, the Missouri- ans said, if the Judges appointed by the Governor did not receive their votes, they would choose other Judges. Some of them voted several times, changing their hats or coats and coming up to the window again. They said they intended to vote first, and after they had got through then the others could vote. Some of them claimed a right to vote under the organic act, from the fact that their mere presence in the Territory consti- tuted them residents, though they were from Wis- consin, and had homes in Missouri. Others said they had a right to vote because Kansas be- longed to Missouri, and people from the East had no right to settle in the Territory and Vote there. They said they exme to the Territory to elect a Legislature to suit themselves, as the people of the Territory and persons from the East and North wanted to elect a Legislature that would not suit them. They said they had a right to make Kansas a slave State, because the people of the North had sent persons out to make it a free State. Some claunei that they had heard that the Emigrant Aid Society had sent men gut to be at the election and they came to offset their votes; but the most of them made no such claim. Colonel Young said he wanted the citizens to vote in order to give the election some show of fairness. — The Missourians said there would be no difficulty, if the citizens did not interfere with their voting, but they were determined to vote — peaceably, if they could, but vote anyhow. TLey said each one of them was prepared for eight rounds without loading, and would go the ninth round with the butcher knife. Some of them said that by voting in the Territory they would deprive them- selves of the right to vote in Missouri for twelve months afterwards. The Missourians began to leave the afternoon of the day of election, though some did not go home until the next morning. In many cases when a wagon load had voted, the immediately started for home. On their way home the3 r said if Governor Reeder did not sanction the election they would hang him. The citizens of the town of Lawrence, as a gen- eral thing, were not armed on the day of election, though some had revolvers, but not exposed as were the arms of the Missourians. They kept a guard about the town the night after the election, in consequence of the threats of the Missourians, in order to protect it. The pro-slavery men of the district attended the nominating conventions of the free State men, and voted for and secured the nominations of the men they considered the most obnoxious to the free State party, in order to cause dissension in that party. Quite a number of settlers came into the district before the day of election, and after the census was taken. According to the census returns, there were then in the district 369 legal voters. Of those whose names are on the census returns, 177 are to be found on the poll books of the 30th of March, 1855. Messrs. Ladd, Babcock and Pratt testify to 55 names on the poll books of persons they "knew to have settled in the district after the census was taken and before the election. A num- ber of persons came into the Territory in March, be ore the election, from the Northern and East- ern States, intending to settle, who were in Law- rence on the day of election. At that time many of them had selected no claims and had no fixed place of residence. Such were not entitled to vote.— Many of them became dissatisfied with the country. Others were' disappointed at iis political condition and in the price and demand for labor, and return- ed. Whether any such voted at the election is not clearly shown; but from the proof it is proba- ble that in the latter part of the day, after the great body of the Missourians had voted, some did go to the polls. The number was not over 50. These voted the free State ticket. The whole number of names appearing upon the poll lists is 1,034. Af- ter full examination, we are satisfied that not over 232 of these were legal voters, and 802 were non- resideut and illegal voters . This district i s strong- ly in favor of making Kansas a free State and there is no doubt that the free State candidates for the Legislature would have been elected by large ma- jorities, if none but the actual settlers had voted. At the preceding election in;November 1854, where none but legal votes were polled, Genera! Whit- field, who received the full strength of the pro- slavery party got but 46 votes. SECOND DISTRICT — BLOOMIKGTON. On the morning of election the Judges ap- pointed by the Governor appeared and opened the polls. Their names were Harrison Burson, Na- thaniel Ramsay and Mr. Ellison. The Missou- rians began to come in early on the morning, some 500 or 600 of th m, in wagons and carriages, and on horseback, under the lead of Samuel J. Jones, then Postmaster of Westpcrt, Missouri, Claiborne F. Jackson and Mr. Steeley, of Independence, Mis- souri. They were armed with double barrelled guns, rifles, bowie knives and pistols, and had flags hoisted. They held a sort of hjformal election, off at one side, at first for Governor of Kansas, and shortly afterward announced Thomas Johnson, of Shawnee Mission, elected Governor. The polls had been opened but a short time when Mr. Jon. s marched with the crowd up to the window asd demanded that they should be al- lowed to vote without swearing as to their resi- dence. After so no noisy and threatening talk, Claiborne F. Jackson addressed the crowd, saying they had come there to vote — they had a right to vote if they had been there but five min- utes, and he was not willing to go home without votinir, which was received with cheers. Jackson then called ttpcn teem to ionn into little bands of fifteen or twenty, which they did, and went to an ox wagon filled with guns, which were distributed among them, and proceeded to lead some of them on the ground. In pur- suance of Jackson's request, they tied white tape or ribbons in their buttonholes, so as to distinguish them from the "aboliionist". They again de- manded that the Judges should resign, and upon their refusing to do so, smashed in the window, sash and all, and presented their pistols and guns to them, threatening to shoot them. Some one on the outside cried out to them not to shoot, as there were pro-slavery men in the room with the Judges. They then put a pry under the corner of the house, which was a log house, and Kfted it up a few inches, and let it fall again, but desisted upon being told there were pro-sla- very men in the house. During this time the crowd repeatedly demanded to be allowed to vote without being sworn, and Mr. Ellison, one of the Judges, expressed himself willing, but the other two Judges refused. Thereupon a body of men, headed by "Sheriff Jones," rushed into the Judges' room with cocked pistols and drawn bow- le knives in their hands, and approached Burson and Ramsay. Jones pulled out his watch, and said he would give them five minutes to re- sign in, or die. "When the five minutes had expired and the Judges did not resign, Jones said he would give them another minute and no more. Ellison told his associates that if they did not re- sign there would be one hundred shots fired in the room in less than fifteen minutes ; and then snatching up the ballot box ran out into the crowd, holding up the ballot box and hurrahing for Mis- souri. About that time Burson and Ramsay were called out by their friends, and not suffered to return. As Mr. Burson went out he put the ballot poll books in his pocket, and took them with him ; and as he was going out Jones snatched some papers away from him, and shortly af- terwards came out himself holding them up, cry- ing, " Hurrah for Missouri.!" After he dis- covered they were not the poll books he took a par- ty of men and started off to take the poll books from Burson. Mr. Burson saw them coining and he gave the books to Mr. Umberger and told him to start off in another direction, so as to mis- lead Jones and his yarty. Jones and his par- ty caught Mr. Umberger, took the poll books away from him, and Jones took him up behind him on a horse, and carried him back a prisoner. Af- ter Jones and his party had taken Umberger back, they went to the house of Mr. Ramsay and took Judge John A. Wakefield prisoner, and carried him to the place of election, and made him get up on a wagon and make them a speech, after which tfcey put a white ribbon in his button hole and let him go. They then chose two new Judges, and proceeded with the election. They also threatened to kill the Judges if they did not receive their votes without swearing them, or else resign. They said no man should vote who would s " bruit to be sworn — that they would kill any one who would offer to do so — '•'.shoot !■ im," " cut his g"ts out," &c, They sal J . no man should vote this day unless he voted an open ticket, and was "all right on the goose," and that if they could not vote by fair means they would by foul means. They said they had as much right to vote, if they had been in the Territory two minutes, as if they had been there two years, and they would vote. Some of the citizens who were about the window, but had not voted when the crowd of Missourians marched up there, upon attempting to vote, were driven back by the mob or driven off. One of them, Mr. J. M. Macey, was asked if he would take the oath, and upon his replying that he would if the judges required it, he was dragged through the crowd, away from the polls, amid cries of "kill the d — d nigger thief," "cut his thoat," "tear his heart out," &e. After they got him to the out- side of the crowd, they stood around him with coe&ed revolvers and drawn bowie knives, one man putting a kniie to his heart, so that it touched him, another holding a cocked pistol to his ear, while another struck at him with a club. The Mis ourians said they had a right to vote if they h'd been in t^e Territory but five minutes Some sa'd they had been hired to come there and vote, and get a dollar a day, and by G— d, they would vote or die there. They said the 30th day of March was an im- portant day, as Kansas would be made a slave btate on that day. They began to leave in the direction of Missouri in the aft rnoon, after thev had voted, leaving some 30 or 40 around the house where the election was held, to guard the pol s until after the election was over. The citizens of the Territory were not around, ex- cept thi se who took part in the mob, and a large portion of them did not vot j 341 votes were polled there hat day, ot which but some 30 were citizens. A protest against the elec- tion made to the governor. The returns of the election made to the governor were lost by the Committee of Elections of the Legislature at Paw- nae. Th.3 duplicate returns left in the bal- lot box were taken by F. E. Laley, one of the judges elected by the Missourians, and were either lost or destroyed in his house, so that your committee have been unable to institute a compari- son between the poll lists and census returns of this district. The testimony, however, is uniform., that not even 30 of those who voted there that day were entitled to vote, leaving 311 illegal votes. — We are satisfied from the testimony that, had the actual settlers alone voted, the free State candidates would have been elected by a handsome majority. THIRD DISTBICT — TECUMSEH. On the 28th of March persons from Clay, Jack- son, and Howard counties, Mo., began to come into Tecumseh, in wagons, carriages, and on horseback, armed with guns, bowie-knives and revolvers, and with threats, and encamped close by the town, and continued camping until the day of election. The night before the election 200 men were sent for from the camp of Missourians at Lawrence. On the morning of the election before the polls were opened, some 300 or 400 Missourians, and others, were collected in the yard ?.bout the house of Thomas Stinson, where the election was to be held, armed with bowie-knives, revolvers and clubs They said they came to vote, and whip the damned Yankees, and would vote without being sworn. Some said they came to have a fight and wanted one. Colonel Sam'l H. Wood- son, of Independence, Mo., was in the room of the Judges when they, preparing poll- books and tally lists, and remained there during their attempts to organize. The room of the Judges was also filled by many of the strangers. The Judges could not agree concerning the oath to be taken by themselves, and the oath to be administered to the voters. Mr. Burgess desiring to administe r the oath prescribed b3 r the Governor, and the other two Judges ^opposing it. During this dis- cussion between the Judges, which lasted some time, the crowd outside became excited and uoisy, threatening and cursing Mr. Burgess, the Free State Judge. Persons ware sent at different timee by the crowd outside into the room where the Judges were, with threatening messages, es- pecially against Mr. Burgess, and at last ten minutes were given them to organize in, or leave; and as the time passed, persons outside would call out the number of minutes left, with threats against Burgess if he did not agree to organize. At the end of that time the Judges not being able to organize, left the room, and the crowd proceeded to elect nine Judges and carry on the election. The Free State men generally left the ground without voting, stating that there was no use in their voting there. The polls were so crowd- ed during the first part of the clay that the citizens could not get up to the window to vote. Threats were made against the Free State men. In the afternoon the Re^. Mr. Grispatrick was attacked and driven off by the o ob. A man by some called "Texas," made a speech to the crowd, urging them to vote and remain on the ground until the polls were closed, for fear the abolitionists would come there in the afternoon and overpower them, and thus they would lose all their trouble. For making an affidavit in a protest against this election, setting forth the facts, Mr. Burgess was indicted by the Grand Jury for perjury, which in- dictment was found more than fifteen months ago, and is still pending, Mr. Burgess never having been informed who his accusor was, or what was the testimony against him. A large major- ity, four to one, of the actual settlers of that dis- trict were free State men, and there cannot be the least doubt that if none but the actual set- tlers of the district had voted at that election, the free State candidate would have been elected. The number of legal voters in the district, according to the census returns, was 101. The toial number ot votes cast was 37 ', and 5 hesc, on 32 are on the returns, and, from the testimony and records, we are satisfied that not over 40 legal votes were cast at that election. A body of armed Missoun- ans came into the district previous to the election, and encamped there. Before the time ar- rived for opening polls, the Missourians went to another than the towu appointed for the election ; and one of the Judges appointed by the Governor, and two chosen by the Missourians, proceeded to open the polls and carry on the election. The Missourians said none but pro-slavery men should vote, and threatened to shoot any Free State man who should come up to vote. Mr. Mockbee, one of tLe judges elected by the Missourians, had a store near the boundary fixed by the proclama- tion of the Governor, while he cultivated a farm in Missouri, where his family lived, and where his legal residence was then and is now. The Mis- sourians also held a side election for Governor of the Territory, voting for Thomas Johnson of Shawnee Mission. The Free State men, finding the polls under the control of non-residents, refused to, and did not, vote. They constituted a decided majority of the actual settlers. A petition signed bv a ma- jority of t.'-e residents of the district was sent to the Governor. The whole number of voters in this district, according to the census returns, was 47; the number of votes cast was 80, of whom bit 15 were res : dents whose names are on the census roils, who did not vote, was 32. For some days prior to 'he election, companies of men were organized in Jackson, Cass, and Clay counties, Mo., for the purpose of coming to the Territory and voting in the 5th District. The day previous to the election, some 400 or 500 Missouri- ans, armed with guns, pistols, and knives, cime into the Territory and camped, some at Bull Creek, and others at Potawatamie Creek. Their camos were about 16 miles apart. On the evening before the electi-n, Judge Hamilton, of the Cass County Court, Mo., came from the Potawatamie Creek camp to Bull Creek for 50 Missourians, as they had not enough there to render the election certain, and about that number went down there with him. On the evening before the e'ection Dr. B.D. "West- fal 1 was elected to act as 0113 of the Judges of Elec- tion in the Bull Creek precint, in place of one of the Judges appointed by the Governor, who, it was said, would not be there the next day. Dr. West- fall was at that time a ci izen of Jackson county, Mo. On the morning of election, the polls for Bull Creek precint were opened, and, without swearing the Judges, then proceeded to receive the votes of all who offered to vot . For the sake of appearance, they would get some one to c-me to the window and offer to vote, and when asked to be sworn, he would pretend to grow angry at the Judges, and would go away, and his rame would b 3 put down as having offered to vote, but "reject- ed, refusing to be sworn." This arrangement was made previously, and perfectly understood by the •Judges. But few of the residents of the District were present at the election, and only 13 voted. — The number of votes cast in the precint was 393. One Missourian voted for himself and then voted for his little son, but 10 or 11 years old. Col. Cof- fer, Henry Younger, and Mr. Lykins, who were voted for and elected to the .Legislature, were resi- dents of Missouri at the time. Col. Coffer subse- quently married in the Territory. After the polls were closed the returns were made, and a man, claiming to be a magistrate, certified on them that he had sworn the Judges of Election before open- ing the polls. In the Potawatamie precinct, the Missourians attended the election, and after threat- ening Mr. Chesnut, the only Judge present appoint- ed by the Governor, to induce him to resign, they proceeded to elect two other Judges — one a Missou- rian and the other a resident of another precinct of that District. The polls were then opened, and all the Missourians were allowed to vote without be- ing sworn. After the polls were closed, and the returns made out, for the signature of the Judges, Mr. Chesnut refused to sign them, as he did not consider them correct returns of legal voters. Col. Coffer, a resident of Missouri, but elected to the Kansas Legislature from that District at that election, endeavored with others to induce Mr. Ches- nut by threats to sign the returns, which he refused to do, and left the hi >use. On his way home he was fired at by som? Missourians, though not injured. There were three illegal to one legal vote given there that day. At the Big Layer precinct, the judges appointed by the Governor met at the time ap lointed, and proceeded to open the polls, after being duly sworn. After a few votes had been re- ceived, a party of Missourians came into the yard of the house where the election was held, and un- loading a wagon filled with arms, stacked their guns in the the yard, and came up to the window and demanded to be admitted to vote. Two of the judges decided to receive their votes, whereupon the third judge, Mr. J. M. Arthur, resigned, and an- other was chosen in his place. Col. Young, a citi- zen of Missouri, but a candidate for and elected to the Territorial Legislative Council, was present and voted in the precinct. He claimed that all Missou- rians who were present on the day of election were entitled to vote. But thirty or forty of the citizens of the precinct were present. At the Little Sugar precinct, the election seemed to have boeu conduct- ed fairly, and there a Free State majority was poll- ed. From the testimony, the whole district appears to have been largely Free State, and had none but actual settlers voted, the Free State candidates would have been elected by a large majority. From a careful examination of the testimony and the re- cords, we find that from 200 to 225 legal votes were polled out of 885, the total number given in the pre- cincts of the fifth district. Of the total votes cast, the Free State candidates received 152. SIXTH DISTRICT— FORT SCOTT. A compauy of citizens from Missouri, mostly from Bates County, came into this district the day before the election, some camping and others put- ting up at the public house. They numbered from 100 to 200, and came in wagons and on horseback, carrying their provisions and tents with them, and were generally armed with pistols. They declar- ed their purpose to vote and claimed the right to do so. They went to the polls generally in small bodies, with tickets in their hands, and many, if not all, voted. In some cases they declared they had voted, and gave their reasons for so doing. Mr. Anderson, a Pro-Slavery candidate for the Legislature, endjavored to dissuade the non-resi- dents from voting, because he did not wish the elec- tion contested. This person, however, insisted an voting, and upon his right to do so. No one was challenged or sworn, and all voted who desir- ed to. Out ef 350 votes cast, not over 100 were le- gal, and but 64 of those named in the census taken one month before by Mr. Barber, the candid, te for Council voted. Many of the Free State men did not vote, but your Committee is satisfied that, of the legal votes cast, the Pro-Slavery candidates received a majority. Mr. Anderson, one of these candidates, was an unmarried man, who came into the District from Missouri a few days before tne election, and boarded at the public house until the day after the election. He then took with him the poll list, and did not return to Fort Scott until the occasion of a barbecue the week before the election of October 1, 1855. He voted at that election, and after it left, and has not since been in the District. S. A. Williams, the other Pro-Sla- very candidate, at the time of the election had a claim in the Territory, but his legal residence was not there until after the election. SEVENTH DISTRICT. From two to three hundred men from the State of Missouri camejin wagons or o i horseback to the election ground at Switzer's Creek, in the 7th Dis- trict, and encamped near the polls on the day pre- ceding the election. They were armed with pis- tols and other weapons, and declared their purpose to vote, in order to secure the election of Pro- Sla- very members. They said they were disappointed in not finding more \ ankees there, and that they liad brought more men than was necessary to counterbalance their vote. A number of them wore badges of blue r:bbon, with a motto, and the company were under the direction of leaders. They declared their intention to conduct themselves peacefully, unless the residents of the Territory attempted to stop them from votino-. Two of the Judges of Election appointed by Governor Reeder, refused to serve, whereupon two others were ap- pointed in their stead by the crowd of Missourians who surrounded the polls. The newly appointed Judges refused to take the oath prescribed by Gov. Reeder, but made one to suit themselves. Andrew Johnson requested each voter to swear if he had a claim in the Territory, and if he had voted in an- other district. The Judges did not take the oath prescribed, but were sworn to receive all legal votes. The Missourians voted without being sworn. They supported H. J. Strickler, for Coun- cil, and M. W. McGee for Representative. They left the evening of the election. Some of them started on horseback for Lawrence, they said they could be there before night, and all went the way they came. The census shows 53 legal voters in the District. 253 votes were cast ; of these 25 were residents ; 17 of whom were in the District when the census was taken. Some of the residents present at the polls did not vote, declaring it use- less. Candidates declined to ran on the Free-State ticket, because they were unwilling to run the risk of so unequal a contest, it being known that a great many were coming up from Missouri to vote. Nearly all the settlers were Free- State men, and 23 of the 25 legal votes given were cast for the only Free-State candidate running. Mobiller McGee, who was declared elected Representative, had a claim — a saw-mill and a house in the Territory — and he was there part of the time. But his legal residence is now, and was then, near Westport, in Missouri, where he owns and conducts a valuable farm, and where his family resides. EIGHTH DISTRICT. This was attached to the Seventh District for a member of the Council and a representative, and its vote was controlled by the illegal vote cast then. The census shows 39 votes in it — 37 votes were cast, of whom a majority voted the Free State ticket. NINTH DISTRICT. Fort Riley and Pawnee are in this district. The latter place was selected by the Governor as the temporary capital; and he designed there to ex- pend the sums appropriated by Congress in the construction of suitable houses for the Legislature, A good deal of building was then being done at the fort nearby. For these reasons a number of me- chanics, mostly from Pennsylvania, came imo this district in March, 1855, to seek employment. Some of these voted at the election, The construction of the capital was first postponed, then abandoned, and finally the site of the town was declared by the Secretary of War to be within the military reser- vation of Fort Riley. Some of the inhabitants re- turned to the States, and some went to other parts of the Territory. Your Committee find that they came as settlers, intending to remain as such, and were entitled to vote. TENTH DISTRICT. In this district ten persons belonging to the Wyandott tribe of Indians voted. They were of that class who under the law are entitled to vote, but their residence was in Wyandott village, at the mouth of Kansas river, and they had no right to vote in this district. They voted the pro-slave- ry ticket. Eleven men, recently from Pennsylvania, A T 'oted the Free State ticket. From the testimony, they had not, at i he time of the election, so estab- lished their residence as to have entitled them to vote. In both these classes of cases the Judges examined the voters under oath, and allowed them to vote, and in all respects the election seems to have been conducted fairly. The rejection of both would not have changed the result. This and the Eighth Election District, formed one Representa- tive District, and was the only one to which the invasion from Missouri did not extend. ELKVFNTH DISTRICT The IXth, Xth, Xlth and" XJIth Election Dis- tricts, being all sparsely settled, were attached to- gether as a Council District, and the Xlth and Xllth as a Representative District. This Election District is 60 miles north from Pawnee and 150 miles from Kansas City. It is the northwest set- tlement in the Territory, and contained, when the census was taken, but 36 inhabitants, of whom 24 were voters. There was, on the day of election, no white settlement about Marysville. the place of voting, for 40 miles, except that Marshall and Bishop kept a stare and a ferry at the crossing of the Big Blue and California road. Your commit- tee were unable to procure witnesses from this Dis- trict. Persons who were present at the election were duly summoned by an officer, and among them was F. J. Marshall, the member of the House from that District. On his return the officer was arrested and detained, and persons bearing the names of some of the witnesses summoned were stopped near Leeompf on, and did not appear before the Committee. The returns sbow, that in defi- ance of the Governor's proclamation, the voting was viva voce, instead of by ballot. 328 names appear upon the poll books, as voting, and by com- paring these names with tfcose on the census rolls, we find that but seven of the latter voted. The person voted for as Representative, F. J. Marshall, was chief owner of the store at Marysville, and was there sometimes, but his family lived in Wes- ton. John Donaldson, the candidate voted for, for the Council, then lived in Jackson county, Mis- sourt. On the day after the election, Mr. Marshall, with 25 or 30 men from Weston, Mo., was on the way from Marysville to the State. Some of the party told a witness who had formerly resided at Wes- ton, that they were up at Marysville and carried the day for Missouri, and that they had voted about 150 votes. Mr. Marshall paid the bill at that point for the party. There does not appear to have been any emigra- tion into that district in March, 1855, after the cen- sus was taken, and judging from the best test in the power of your Committee, there were but sev- en legal votes cast in the district, and 321 illegal. TWELFTH DISTRICT. The election in this district was conducted fairly. No complaint was made that illegal votes were cast. THIRTEENTH DISTRICT. Previous to the dayot election, several hundreds of Missourians from Platte, Clay, Boone, Clinton and Howard counties, came into the district in wag- ons and on horseback, and camped there. They v ere armed with guns, revolvers and bowie-knives, and had badges of 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 polis, and some persons offered to vote, and when th ir 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 elect 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. — After the Missourians got through voting they re- turned home. A formal return was made by the Judges of the election, setting out the facts, but it was not veri- fied. The number of legal voters in th ; s distr-ct, was 96, of whom a majority were Free State men. Of these — voted. The total number of votes cast were 296. FOURTEENTH DISTRICT. It was generally rumored in this district for some days before the e ection, that the Missourians were coming over to vote. Previous to the election, men from Missouri came into the district and election- eered 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 hor.-e, and encamped there. Arrangements were made for them to cross the ferry at St. Joseph free of expense to them- selves. They were armed with bowie knives 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 a large num- ber of armed Missourians, at which the crowd cheered and hurrahed. Gen. B. F. Stringfellow was present and was prominen in promoting the election of the pro-slavery ticket, as was also 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 th°y came there to vote for and secure the election of Major Wm. P. Richard- son. Major Richardson, elected to the Council, had had a farm in Missouri, where his wife and daughter lived with his son-in-law, Willard P. Hall, he himself generally going home to Missouri every Saturday night. The far i 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 us their reason for voting, that they had heard that Eastern emi- grants were to be at that election, though no East- ern 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 un- der the provisions of the Kansas-Nebraska Bill, rom 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 Maj. William 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 pro-slavery 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 ex- pense, to all. DONIPHAN PRECINCT. The evening before the election some 200 or more Missourians from Platte, Buchanan, Saline and Clay counties, Missouri, carae into this Pre- cinct, 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 ap- pointed by the Governor would not serve, and oth- ers were appointed by the crowd. The Missouri- ans 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 Free State men generally did not voet, though constituting a ma- jority 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 numbers correspond. WOLF RIVER PRECINCT. But few Missourians were present in this Pre- cinct, though some of them threatened one of the t judges, because he refused to receive their votes, 10 and whoa he resigned another was chosen in his place who consented to receive their votes. Protests were drawn up against the elections in the varions precints, in the 14th district, but on account of threats that greater numbers of Missou- rians would be at a new election, should it be called, and of personal violence to those who should take part in the protest, it was not presented to the Gov- ernor. Major Kichardson, the pro-slavery candi- date for Council, threatened Dr. Cutler, "the free State candidate, that if he contested the election he and his office should be put in the Missouri river. The number of votes in the district by the the census was 334— of these 124 voted. The testi- mony shows that quite a number of persons whose legal residence was in the populous county of Bu- chanan, Mo., on the opposite of the river, had claims in the Territory. Some ranged cattle, others mar- ked 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 dis- trict 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 did not exceed 200— out of 727. FIFTEENTH DISTRICT. The election in this District was held in the house of a Mr. Hays. On the day of election a crowd of from 400 to 500 men colleeted around the polls, of which the great body were citizens of Missouri. One of the Judges of Election, in his testimony states that the strangers commenced crowding around the polls, and then the residents left. — Threats were made before and during the election day, thai 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 named by the witness. Several speeches were made by them at the polls, and amongst those who spoke were major Oliver, one of our Committee, Col. Burns and Lalan Williams of Platte county. Ma- jor 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 re- gard to the right of voting, and was understood to excuse the Missourians for voting. Your Commit- tee 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 Pro-Slavery 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 voters all took it after some grumbling. One said he cut him some poles and laid them in 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 thi eats throughout by the Missourians, before and on the day of election, from putting up can- didates, and slave candidates were ran, for this reason — that there was a credited rumor previ- ously 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 voles cast was 417; of the names on the poll- book but 62 are in the census rolls, and the tes- timony shows that a small portion, estimated by one witness at one-quaiier of the legal voters, voted. Your Committee estimate the number of legal voters at 80. One of the Judges referred to certified that the election was fairly conducted. It was not contested because no one would take the responsibility of doing it, as it was not con- sidered safe, and that if another election was had the residents would fare no better. SIXTEENTH DISTRICT. For some time previous to the election, meetings were held and arrangements made in Missouri to get up companies to come over to the Territory and vote, and the day before and on the day of elec- tion, large bodies of Missourians from Platte, Clay, Ray, Charlton, Carrol, Clinton, and Saline coun- ties, Mo., came into this district 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. On the morning of the election there were from 1000 to 1,400 persons present on the ground. Pre- vious to the election, Missourians endeavored to persuade the two Free State Judges to resign by making threats of personal violence to them, one of whom resigned on the morning of election, and the crowd chose another to fill his place. But one of the Judges, the Free State Judge, would take the oath prescribed by the Governor; the other two de- ciding that they had no right to swear any one who offered, to vote, but that all on *he ground were en- titled to vote. The only votes refused were some Delaware Indians, some 30 Wyandotte Indians be - ing allowed to vote. One of the Free-State candidates withdrew in consequence of the presence of the Missourians, amid cheering and acclamations by the Missouri- ans. During the day the steamboat New Lucy came down from Western Missouri, with a large number of Missourians on board, who voted and then returned on the boat. The Missourians gave as a reason for their com- ing over to vote, that the North had tried to force emigration into the Territory, and they wanted to counteract that movement. Some of the candi- dates and many of the Missourians took the ground that, under the Kansas-Nebraska act, all who were on the ground on the day of election were entitled to vote, and others, that laying out a town, staking a lot, or driving down stakes, even on another man's claim, gave them a right to vote. And one of the members of the Council, R. R. Rees, de- clared in his testimony that he who should put a dif- ferent construction upon the law must be either a knave or a tool. The Free State men generally did not vote at that election; and no newly arrived Eastern Emi- grants were there. The Free State Judge of E lee- disposed to waive it, coincided with hiin, and the- -Son refused to sign the returns until the words "by lawful resident voters" were stricken out, which was done, and the returns made in that way. The election was contested, and a new election ordered by Governor Reeder for the 22d of May. SEVENTEENTH DISTRICT. The election in this District seems to have been fairly conducted, and not contested at all. In this District the Pro-Slavery party had the majority. EIGHTEENTH DISTRICT. Previous to the election, General David R. Atch- 11 ison of Platte City, Mo., got up a company of Mis- s urians, and passing through Weston, Mo., went over into the Territory. He remained all night at the house of — , and then exhibited his arms, of which he had an abundance. He proceeded to the Nemohaer (18th,) District. On his way him and his party attended a Nominating Convention in the 14tli District, and proposed and caused to be nom- inated a set of candidates in opposition to the wish- es of the Pro-Slavery residents of the district. At that Convention he said that there were 1,100 men coming over from Platte County, and if that wasn't enough they could send 5,000 more — that they came to vote, and would vote or kill every G — d d — d Abolitionist in the Territory. On the day of the election, the Missourians, un- der Atchison, who were encamped there, came up to the polls in the 10th District, taking the oath that they were residents of the district. The Mis- sourians were all armed with pistols or bowie knives, and said that there were 60 in their com- pany. But 17 votes given on that day were given by residents of the district. The whole number of votes was 62. R. L. Kirk, one of the candidates, came into the district from Missouri about a week before the elec- tion, and boarded there. He left after the election and was not at the time a legat resident of the dis- trict in which he was elected. No protest was sent to the Governor, on account of" threats made against any who should dare to contest the elec- tion. The following tables embody the result of the examination of your Committee in regard to this election. In some of the districts it was im- possible to ascertain the precise number of the le- gal votes cast. In such cases the number of legal and illegal votes cast is stated after a careful re- examination of all the testimony and records con- cerning the election. [A table, purposely made. In the 4th District for the same reason. In the 7th District, because the judges were not sworn at all. In the 11th District, because the returns show the election to have been held viva voce instead of by ballot. In the 16th District, because the words "by lawful residence " were stricken from the returns. Although the fraud and force i'> other districts were equally great as in these, yet as the Govern- or had no information in regard to them, he issued certificates according to the returns. ABSTRACT OF THE RETURNS OF ELECTION OF MAY 25, 1855 JVo of Places of Pro-Slavery Free-State Dis. Voting Votes ' Votes Scat, To I. ...Lawrence.... — 288 18 306 II Douglas — 127 — ]s7 III....Stins'n's — 148 1 149 VII. ..."110" - 66 13 79 VIII. ...Council Grove— 33 — Zi XVI — Leavenworth 560 140 15 715 Total 560 802 47 1409 Tour Committee have felt it to be their duty not only to inquire into and collect evidence in regard to force and fraud attempted and practiced at the elections in the Territory, but also into the tacts and pretexts by which this force and fraud had been excused and justified ; and for this purpose your Committee have allowed the declarations of non- resident voters to be given as evidence in their own behalf; also the dedarations of all who came up the Missouri river as emigrants in March, 1855, whether they^ voted or not, and whether they came the Territory at all or not; and also the rumors "ere circulated among the people of Mis- souri previous to the election. The great body oi testimony taken at the instance of the sitting dele- gate is of this character. When the declarations of parties passing up the river were offered in evidence, your Committee re- ceived them upon the distinct statement that they would e excluded unless the persons making the declarations were by other proof shown to have been connected with the elections. This proof was not made, ?nd therefore much of this class of testimony is incompetent by the rules of law, but is allowed to remain, as ten. dug to show the cause of the action of the citizens of Missouri. The al- leged causes of the invasion of March 1855, are included in the following charges : I. That the New England Aid Society of Boston was then importing into the Territory large num- bers of men, merely for the purpose of controling the elections. That they came without women, children or baggage, went into the Territory, voted, and returned again. jj II. That men were hired in the Eastern or North- ern States, or induced to go to the Territory, solely to vote, and not to settle, and by so doing to make it a Free State. III. That the Governor of the Territory pur- posely postponed the day of election to allow this emigration to arrive, and notified the Emigrant Aid Society, and persons in the Eastern States, of the day of election, before he gave notice to the people of Missouri and the Territory. That these charges were industriously circula- ted; that grossly exaggerated statements were made in regard to them; that the newspaper press and leading men in public meetings in Western Missouri, aided in one case by a Chaplain of the United States Army, gave currency and credit to them, and thus excited the people, and induced many well meaning citizens of Missouri to march into the Territory to meet and repel the alledged Eastern paupers and Abolitionists, is fully proven by many witnesses. But these charges are not sustained by the proof. In April, 1S54, the General Assembly of Massa- chusetts passed an act entitled "An act to incorpo- rate the Massachusetts Emigrant Aid Society." — The object of the Society, as declared in the first section of this act, was "for the purpose of assist- ing emigrants to settle in the West." The mon- eyed 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 10 per cent, in any one year thereaf- ter. No organization was perfected or proceedings had under this law. On the 24th day of July, 1854, certain persons in Boston, Massachusetts, concluded articles of agree- ment 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 stockhold- er was individually bable. To avoid this difficul- ty, an application was made to the General As- sembly of Massachusetts for an act of incorpora- tion, which was granted. On the 21st day of Feb- ruary, 1855, an act was passed to incorporate the New England Emigrant Aid Company. The pur- poses of this act were declared to be "directing emigration westward, and aiding and providing accommodation for the emigrants after arriving at their place of destination." The capital stock of the corporation was not to exceed one million of dollars. Under this charter a company was or- ganized. t Tour Committee have examined some of its offi- cers, and a portion of its circulars and records to ascertain what has been done by it. Ths public attention at that time was directed to the Territory of Kansas, and emigration naturally tended in 13 that direction. To ascertain its character and re- the domestic institutions of the Territory, and then sources, this Company sent its aeent into it, and overturn those of a neighboring powerful State the information thus obtained was published. — The Company made arrangements with various lines of transportation, to reduce the expense of emigration into the Territory, and procure tickets at the reduced rates. Applications were made to the Company by persons desiring to emigrate, and when they were numerous enough to form a party of convenient size, tickets were sold to them at the reduced rates. An agent acquainted with the route was selected to accompany them. Their bag- gage was checked, and all trouble and danger of loss to the emigrant in this way avoided. Under these arrangements, companies went into the Territory in the Fall of 1854, under the arti- cles of association referred to. The Company did not pay any portion of the fare, or furnish any per- sonal or real property to the emigrant. The Com- pany, during 1855, sent into the Territory from eight to ten saw mills, purchased one hotel in Kan- sas 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, as far as your committee can as- In regard to the second charge: — There is uo proof that any man was either hired or induced to come into the Territory from any Free State, merely to vote. The entire emigration in March, 1855, is estimated at 500 persons, including men, women and children. They came on steamboats up the Missouri river, in the ordinary course of emigration. Many returned for causes similar to those before stated, bat the body of them are now residents. The only persons of those Avho were connected by proof with the election, were some who voted at the Big Blue precinct in the 10th District, and at Pawnee in the 9th 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 hold- ing the election had not been and could not have been named by the Governor. As soon as practi- cable 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 certain, were lawful, and contributed to supply was not k'town by any one until the proclamation 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 Emi- grant Aid Society of 1855, prior to the election in March, was a party of 159 persons who came un- der the charge of Charles Kobinson. In this party there were 67 women and children. They came as actual settlers, intending to make their homes in the Territory, and for no other pur- pose. They had about their persons but little bag- gage; usually sufficient clothing in a carpet sack for a short time. Their personal effects, such as clothing, furniture, &c, was put into trunks and boxes; and for convenience in selecting, and cheap- ness in transporting, was marked "Kansas party baggage, care B. Slater, St. Louis." Generally this was consigned as freight in the usual way to the care of a commission merchant. This party had, in addition to the usual allowance of one hun- dred pounds to each passenger, a large quantity of baggage on which the respective owners paid the usual extra freight. Each passenger or party paid his or their own expenses ; and the only benefit they derived from the Society, not shared by all the people of the Territory, was the reduction of about $7 in the price of the fare, the convenience of travelling in a company instead of alone, and the cheapness and facility of transporting their freight through regu- lar 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 issued. It was not known to the agents of the Emigrant Aid Society in Boston on the 13th of March, 1855, when the party of emigrants before referred to, left. Your Committee are satisfied that these charges were made the mere pretext to induce an armed in- vasion into the Territory, as a means to control the election and establish Slavery there. The real purpose is avowed and illustrated by the testimony and conduct of Col. John Scott, of St. Josephs' Missouri, who acted as the attorney for the sitting delegate before your Committee. — The following are extracts from his deposition : " Prior to the election in Burr Oak precinct, in the 14th district, on the 29 th November, 1854, 1 had been a resident of Missouri, and I then determined if I found it necessary, to become a resident of Kansas Territory. On the day previous to that election I settled my board at my boarding-house, in St. Josephs, 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 my power, by merely determining to do so, to become a resi- dent of the Territory on the day of election "When ray name was proposed as a Judge of Election, objections were made by two persons on- ly^ * * * j 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 that I could at any moment become an actual resi- dent and legal voter in the Territory, and that I would do so, if I 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 or offer to vote at that election. "I held the office of City Attorney for St. Jo- sephs at that time, and had held it for two or three years previously, and continued to hold it until into an invading horde of paper Abolitionists, who Mhis Spring. * * * I voted at an election in were, with others of a similar character, to control I St. Josephs in the Spring of 1855, and was re- 14 appointed City Attorney. The question of Slave- ry was put in issue at the election of November, 1854, to the same extent as in every election in this Territory. Gen. Whitfield was regarded as the Pro-Slavery candidate for the Pro-Slavery party. I regarded the question of Slavery as the prima- rily prominent issue at that election, and so far as I know all parties agreed in making that question the issue of that election. "It is my intention, and the intention of a great many other Missourians now resident in Missouri, whenever the Slavery issue is to be determined upon by the people of this Territory in the adop- tion of the State Constitution, to remove to this Territory in time to acquire the right to become le- gal voters upon that question. The leading pur- pose of our intended removal to the Territory is to determine the domestic institutions of this Terri- tory, when it becomes to be a State, and we would not come but for that purpose, and wovld never think of coming here but for that purpose. I be- lieve there are a great many in Missouri who are so situated." The invasion of Marci 30th, left both parties in a state of excitement, tend : ng directly to produce violence. Tbe successful party was lawless and reckless, while assuming the name of the " Law and Order" party. The other narty, at first sur- prised and confounded, was greatly irritated, and some resolved to prevent the success o. the inva- sion. In some districts as before stated, protests were sent to the Governor ; in others this was pre- vented 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 commen- ced bearing deadly weapons about the person — a practice which has continued to this time. Under these circumstances, a slight or accidental quarrel produced unusual violence, and lawless acts be- came frequent. This evil condition of the public mind was further increased by acts of violence in Western Missouri, where, in April, a newspaper press called Tne Parksville Luminary was de- stroyed by a mob. About the same time, Malcom Clark assaulted Cole McCrea at a squatter meeting in Leavenworth, and was shot by McCrea in alleged self defence. On the 17th 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 carried 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 the outrage a public meeting was held at which resolutions were unanimously pass- ed, looking to unlawful violence, and grossly and intolerant in their character. The right of free speech upon the subject of slavery was charac- terized as a disturbance of the peace and quiet of the community, and as "circulating incendiary a sentiments." They say " to the peculiar friends K 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; that 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 per- sons not to come to our peaceful firesides to slan- der us, and sow the seeds of discord between the master and the servant; for, as much as we de- precate the necessity to which we may be driven, we cannot be responsible for the consequences. A Committee of Vigilance of 30 men was ap- pointed "to observe and repel all such persons as shall * * * * by the expression of Abolition sen- timents produce disturbance to the quiet of the cit- izens, or danger to their domestic relations; and all such persons so offending shall be notified and made to leave the Territory." The meeting was "ably and eloquently addressed by Judge Lecompte, Col. J. G. Burns, of Western Missouri, and others." Thus the head of the Judi- ciary in the Territory not only assisted at a public and bitterly partisan meeting, whose direct tendency was to produce violence and disorder, but before any law is passed in the Territory, he pre-judges 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 Leg- islature: some of the others were "then, and still are residents of Missouri, and many of the Com- mittee have since been appointed to the leading of- fices in the Territory, one of which is the Sheriff- alty of the county. Tbeir 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 fol- lowing resolutions, offered by Judge Payne, a member elect of the House, were unanimously adopted: Resolved, That we heartily indorse the action of the Committee ot citizens that shaved, tarred and feathered, rode on a rail, and sold by a negro, Wm. Phillips, the moral perjurer. Resolved, That we return our thanks to the Committee for faithfully performing the trust en- joined upon them by the Pro-Slavery party. Resolved, That the Committee be now discharged. Resolved, That we severally condemn these Pro- Slavery men who from mercenary motives, are calling upon the Pro-Slavery party to submit without further action. Resolved, That in order to secure peace and har- mony to the community, we now f olemnly declare that the Pro-Slavery party will stand firmly by and carry out the resolutions reported by the Com- mittee appointed for that purpose on the memora- ble 30th. The act of moral perjury here referred to, is the swearing by Phillips to a truthful protest in re- gard to the election of March 30, in the 16th dis- trict. 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." 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, and reduces the people of the Territory to the condition of vassals to a neighboring State. To avoid the evils of anarchy, no armed or organized resistance to them snonld be made, but the citizens should ap- peal to the ballot box at public elections, to the Federal Judiciary, and to Congress for relief. Such, from the proof, would have been the course of the people, but for the nature of these enact- ments, and the manner in which they are enforced. Their character and their execution have been so intimately connected with one branch of this in- vestigation — that relating to "violent and tumul- tuous proceedings in the Territory" — that we were comnelled to examine them. 15 The " laws" in the staiute books are general and special ; the latter are strictly of a local character, relating to bridges, roads, and the like. The great body of the general laws are exact transcripts of the Missouri Code. To make them in some cases conform to the organic act, separate acts were pas- sed defining the meaning of words. Thus the word " State" is to be understood as meaning " Territory," the word " County Court shall be construed* to mean the Board of Commissioners transacting county business, or the Probate Court, according*to the intent thereof. The words " Cir- cuit Cou. t" to mean District Court." The material differeuce in the Missouri and Kas- sas statutes are upon the following subjects : The qualifications of voters and of members of the Legislative Assembly ; the official oath of all offi- cers, attorneys and voters ; the mode of selecting officers and the qualifications of jurors. Upon these subjects the provisions of the Mis- souri Code are such as are usual in many of the States. But by the "Kansas Statutes," every of- ficer in the Territory, executive and judicial, was to be appointed by the Legislature, or by some offi- cer appointed by it. These appointments were not merely to meet a temporary exigency, but were to hold over to regular election and until after the general election in October, 1857, at which the members of the new Council were to be elected. The new Legislature is required to meet on the first Monday in January, 1S58. Thus, by the terms of these "Laws," the people have no control whatev- er over either the Legislature, the Executive, or the Judicial departments of the Territorial Govern- ment until a time before which, by the natural pro- gress of population, the Territorial Government will be superseded by a State Government. No session of the Legislature is to be held dur- ing 185fi, 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 attorney admitted to practice in the courts. A portion of the militia is required to muster on the day of the election. " Every free white male " citizen of the United States, and every free male "Indian who is made a citizen by treaty or other- " wise, 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 was allowed to vote, viz : those who would not swear to the oath required, and those of foreign birth who had declared on oath their inten- tion to become citizens. Any man of proper age who was in the Territory on the day of election.and who had paid one dollar as a tax to the Sheriff, who was required to be at the polls to receive it, could vote as an " inhabitant," although he had break- fasted in Missouri and intended to return there for supper. There can be no doubt that this unusual and unconstitutional provision was inserted to pre- vent a full and fair expression of the popular will in the election of members of the House, or to con- trol it by non-residents. All Jurors are required to be selected by the Sheriff, and "no person who is conscientiously op- posed "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 I. Jones was appointed Sheriff of the county of Douglas, which included within it the 1st and 2nd Election District. He had made himself peculiarly obnox- ious to the settlers by his conduct on the 30 th of March, in the 2d District, and by his burning the cabins of Joseph Oakley and Samuel Smith. An election for delegates to Congress, to be held on the 1st day of October 1855, was provided for with the same rules and regulations as were ap- plied to other elections. The free State men took no part in this election, having made arrangements for holding an election on the 9th of the same month. The citizens of Missouri attended at the election ot the 1st of October, some paying the dol- lar tax, others not being required to pay it. They were present and voted at the voting places of Atchiso.) and Doniphan in Atchison county; at Green Springs, Johnson county; at Willow Springs, Franklin and Lecompton, in Douglas county; at Fort Scott, Bourbon county; atBaptiste Paela, Lynkins county, where some Indians voted, some whites paying the $1 tax for them; at Leav- enworth city and Kicapoo city, Leavenworth coun- ty; at the latter place under the lead of General B. F. Stringfellow and Col. Lewis Barnes, of Missouri. From two of the election precints at which it was alleged there was illegal voting, viz: Delaware and Wyandotte, your Committee failed to obtain the attendance of witnesses. Your Committee did not deem it necessary in regard to this election to enter into details, as it was manifest that from there being but one candidate — General Whitfield — 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 prac- ticed at th s election, as at all former elections in the Territory. The following table will exhibit the result ot 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 11th district; and the rea- sons before stated indicate that the great majority of the votes then cast were either illegal or ficti- tious. In the counties to which our examination extended, there were illegal votes cast, as near as the proof will enable us to determine. ABSTRACT OF POLL-BOOKS OF OCTOBER 1, 1855. counties. townships. JVo. of Legal No of 'Ille- gal Votes. gal Votes. ..Grasshopper 50 4 29 12 ..Burr Oak 41 31 62 Washington.... Wolf River.... Lecompton .... Willow Springs 59 53 23 42 53 15 90 Leavenworth. Leavenworth .. 70 .(See Wise Co.) 24 6 Riley 28 Shawnee One Hundred and Ten 23 52 14 50 100 150 147 1G While these enactments of the alleged Legisla- tive assembly were being made, a movement was instituted to form a State Government and apply for admission into the Union as a State. The first step taken by the people of the Territory, in con- sequence of the invasion of March 30, 1855, was the circulation for signature of a graphic and truthful memorial to Congress. Your Committee find that every allegation in this memorial has been sustained by the testimony. No further step was taken, as it was hoped that some action by the General Government would protect them in their rights. When the alleged Legislative Assembly proceeded to construct the serious of enactments referred to, the settlers were of opinion that sub- mission to them would result in depriving them of the rights secured to them by the organic law. — Their political condition was freely discussed in the Territories during the summer of 1855. Seve- ral meetings were held in reference to holding a Convention to form a State Government and to ap- ply for admission into the Union as a State, iliblic opinion gradually settled in favor of such an ap- plication to the Congress to meet in December, 1855. The first general meeting was held in Law- rence on the 15th of August, 1855. The following preamble and resolutions were then passed : " Whereas, The people of Kansas have been, since its settlement, and now are, without any law- making power; therefore be it Eeso ved, That we, the people of Kansas Terri- tory, in mass meeting assembled, irrespective of party distinctions, influenced by common necessity, and greatly desirous of promoting the common good, do hereby call upon and request all bona fide citizens of Kansas Territory, ot whatever political views or predilections, to consult together in their respective Election Districts, and in mass conven- tion or otherwise, e^ct three delegates for each rep- resentative to which said Election District is en- titled in the House of Representatives of the Leg- islative Assembly, by proclamation of Governor Reeder, of date 19th of March, 1855; said delegates to assemble m Convention at the town of Topeka on the 19th day of September, 1855, then and there to consider and determine upon all subjects of pub- lic interest, and particularly upon that having ref- erence to the speedy formation of a State Constitu- tion, with an intention of an immediate application to be admitted as a State into the Union of the United States of America." Other meetings were held in various parts of the Territory, which endorsed the action of the Law- rence meeting, and delegates were selected in com- pliance with its recommendations. They met at Topeka, on the 19th day of Sep- tember, 1855. By their resolutions they provided for the appointment of an Executive Committee, to consist of seven persons, who required to '"keep a record of their proceedings, and shall have a general superintendence of the affairs of the Terri- tory, so far as regards the organization of the State Government." They were required to take steps for an electio i to be held on the second Tuesday of the October following, under regulations imposed by that Committee, ''for members of a Convention to form a Constitution, adopt a Bill of Riehts for the people of Kansas, and take all needful meas- ures for organizing a State Government, prepara- tory to the admission of Kansas into the Union as a State." The rules prescribed were such as usually govern elections in most States of the Union, and in most respects were similar to those contained in the proclamation of Gov. Reeder for the election of March 30, 1855. The Executive Committee, appointed by that Convention, accepted their appointment, and enter- ed upon the discharge of their duties by issuing a proclamation addressed to the legal of Kansas, re- questing them to meet at their several Precincts, at the time and places named in the proclamation, then and there to cast their ballots for members of a Constitutional Convention, to meet at Topeka on the Fourth Tuesday of October then next. The proclamation designated the places of elec- tions, appointed Judges, recited the qualifications of voters, and the apportionment of members of the Convention. After this proclamation was issued, public meetings were held in every District in the Terri- tory, and in nearly every Precinct. The State movement was a general topic of discussion throughout the Territory, and there was but little opposition exhibited to it. Elections Wvre held at the time and places designated, and the returns were sent to the Executive Committee. The result of the election was proclaimed by the Executive Committee, and the members elect were required to meet on the 23d day of October, 1855, at Topeka. In pursuance of this proclamation and direction, the Constitutional Convention met at the time and place appointed, and formed a State Constitution. A memorial to Congress was also prepared, praying for the admission of Kansas in- to the Union under that Constitution. The Con- vention also provided that the question of the adop- tion of the Constitution and other questions be sub- mitted to the people, and required the Executive Committee to take the necessary steps for that purpose. Accordingly, an election was held for that pur- pose on the 15th day of December, 1855, in com- pliance with the proclamation issued by the Exec- utive Committee. The returns of this election were made by the Executive Committee, and an abstract of them is contained i n the following ta- ble. [We have room to give only, from the table, the whole number of votes cast in thirty-nine towns, as follows:] General Constitu- Banking tion Law Yes No Yes Total 1831 46 1120 Exclusion of No. Negroes and votes Juulattoes cast JVo Yes No 546 12S7 453 177S N. B. — Poll-book at Leavenworth was de'troyed. The Executive Committee t ;en issued a procla- mation reciting the results of the election of the 15th ot December and at the same time provided for an election to be held on the 15th day of Jan- uary, 1856, for State Officers and members of the General Assembly of the State of Kansas. An elec- tion was accordingly held in the several election precints, the returns of which were sent to the Executive Committee. The result of this election was announced by a proclamation by the Executive Committee. In accordance with the Constitution thus adop- ted, the members of the State Legislature and most of the State officers met on the day and at the place designated by the State Constitution, and took the oath therein prescribed. After electing United S ates Senators, passing some preliminary laws, and appointing a Codify- ing Committee and preparing a memorial to Con- gress, the General Assembly adjourned to meet on the 4th day of July, 1856. The laws passed were all conditional upon the admission of Kansas as a State ; nto the Union. These proceedings were regular, and in the opinion of yonr Committee, the Constitution thus adopted fairly expresses the will of a majority of the set- tlers. They now await the action of Congress upon their memorial. These elections, whether they were conducted in pursuance of law or not, were not illegal. Whether the result of them is sanctioned by the act of Congress, or they are regarded as the mere 17 expression of a popular will, and Congress should refuse to grant the prayer of the Memorial, that cannot affect their legality. The right of the peo- ple to assemble aucl express their political opinion in aDy form, whether by means of an election or a convention, is secured to them by the Consti- tution of the United States. Even if the elec- tions are to be regarded as the act of a party, whe- ther political or otherwise, they were proper, in accordance with examples, both in States and Ter- ritories. The elections, however, were preceded and fol- lowed by acts of violence on the part of those who opposed them, and those persons who approved and sustained the invasion from Missouri were peculiarly hostile to these peaceful movements pre- liminary to the organization of a State Government. Instances of this violence will be referred to here- after. To provide for the election of Delegates to Con- gress, and at the same time to do it in such a man- ner as to obtain the judgment of the House of Rep- resentatives upon the validity of the alleged Leg- islative Assembly sitting at Shawnee Mission, a Convention was held at Big Springs on the 5th and 6th days of September, 1855. This was a party Convention, and a party calling itself the Free State party was then organized. It was in no way connected with the State movement, except that the election of Delegate to Congress was fixed by it on the same clay as the election of members of a Constitutional Convention, instead of the day pre- scribed by the alleged Legislative Assembly. An- drew H. Reeder was put in nomination as Territo- rial Delegate to Congress, and an election was provived for under the regulations prescribed for the election of March 30, 1855, excepting as to the appointment of officers, and the perf ons to whom the returns of the elections should be made. The election was held in accordance with these regula- tions. ( The Eeport here gives an abstract of the elec- tion of A. H. Reeder. He received 2,816 votes. ) The resolutions passed by this Convention in- dicate the state of feeling which existed in the Ter- ritory in consequence of the invasion from Mis- souri, and the enactments of the alleged Legisla- tive Assembly. The language of some of the re- solutions is violent, and can only be justified either in consequence of the attempt to enforce the gross- est acts of tyranny, or for the purpose of guarding against a similar invasion in future. In the fall of 1855, there sprang out of the ex- isting discords and excitement in the Territory, two secret Free State Societies. They were defen- sive in their character, and were designed to form a protection to their members against unlawful acts of violence and assault. One of the societies was purely of a local character, and was confined to the town of Lawrence. Yery shortly after its organization it produced its desired effect, and than went out of use and ceased to exist. Both so- cieties were cumbersome, and of no utility except to give confidence to the Free State men, and en- able them to know and aid each other in contem- plated danger. So far as the evidence shows, they led to no act of violence in resistance to either real or alleged laws. On the 21st day of November, 1855, F. M. Cole- man, a Pro-Slavery man, and Charles W. Dow, a free State man, had a dispute about the division line between their respective claims. Several hours afterward, as Dow was passing from a blacksmith's shop toward his claim, and by the cabin of Cole- man, the latter shot Dow with a double-barrreled gun loaded with slugs. Dow was unarmed. He fell across the road and died immediately. This was about 1 o'clock P. M. His dead body was al- lowed to lie where it fell until after sundown, when it was conveyed by Jacob Branson to his house, at which Dow boarded. The testimony in regard to this homicide is voluminous, and shows clearly that it was a deliberate murder by Coleman, and that Harrison B jlkley and a Mr. Hargous were ac- cessories to it. The excitement caused by it was very great among all classes of the settlers. On the 26th a large meeting of the citizens was held at the place where the murder was committed, and resolutions passed that Coleman should be brought to justice. In the meantime Coleman had gone to Missouri, and then to Governor Shannon at Siawnee Mission, in Johnson county. — He was there taken into custody by S. L. Jones, then acting as Sheriff. No warrant was issued or examination had. On the day of the meeting at Hickory Point, Harrison Brady procured a peace warrant against Jacob Branson, which was placed in the hands of Jones. That same even- ing, after Branson had gone to be', Jones came to his cabin with a party of about 25 persons, among whom were Hargous and Buckley — burst open the door and saw Branson in bed. He then drew his pistol, cocked it, and presented it to Branson's breast, and said, " You are my prisoner, and if you move I will blow you through." The others cocked their guns and gathered round him and took him prisoner. They all mounted and went to Buckley's house. After a time they went on a cir- cuitous route towards Blanton's Bridge, stopping to " drink ' on the way. As they approached it there were 13 in the party, several having stopped. Jones rode up to the prisoner and, among other things, told him that he had " heard there were 100 men at your house to-day," and " that he re- gretted they were not there, and that they were cheated out of their sport." In the mean time, the alarm had been given in the neighborhood of Bran- son's arrest, and several of the settlers, among whom were some who had attended the meeting at Hickory Point that day, gathered together. They were greatly excited; the alleged injustice of such an arrest of a quiet settler under a peace warrant by "Sheriff Jones," aided by two men believed to be accessory to a murder, and who were allowed to I e at large, exasperated them, and they proceed- ed as rapidly as possible by a nearer route than that taken by Jones, and stopped near the house of J. S. Abbott, one of them. They were on foot as Jones' party approached on a canter. The rescu- ers suddenly formed across the road in front of Jones and his party. Jones halted and asked, "What's up ?" The reply was, " That's what we want to know ! What's up 1" Branson said, "They have got me a prisoner." Some one in the rescuing party told him to come over to their side. He did so, and dismounted, and the mule he rode was driven over to Jones' party; Jones then left. Of the persons engaged in this rescue three were from Lawrence, and had atttended the meeting. Your Committee have deemed it proper to detail the particulars of this rescue, as it was made the ground work of what is known as the Wakerusa War. On the same night of the rescue the cabins of Coleman and Buckley were burned, but by whom it is left in doubt by the testimony. On the morning of the rescue of Branson, Jones was at the village of'Franklin near Lawrence. The rescue was spoken of in the presence of Jones, and more conversation passed between two others in his presence, as to whether it was most proper to send for assistance to Col. Boone,in Missouri, or to Gov. Shannon. Jones wrote a dispatch and handed it to a messenger. As soon as he started, Jones said : " That man is taking my dispatch to Missouri, and by God I will have my revenge be- fore I see Missouri." A person present, who wag examined as a witness, complained publicly that the dispatch was not sent to the Governor ; and 18 within half an hour one was sent to the Governor by Jones, through Hargous. Within a few days, large numbers of men from the State ot Missouri gathered and encamped on the Wakerusa. They brought with them all the equipments of war. To obtain them, a party of men under the direction 01 Judge T. V. Thompson, broke into the United States Arsenal and Armory at Liberty, Missouri, and af- ter a forcible detention of Captain Leonard, (then in charge,) they took the cannon, muskets, rifles, powder, harness, and indeed all the materials and munitions of war they desired, some of which have never been returned or accounted for. The chief hostility of this military foray was against the town of Lawrence, and this was es- pecially the case with the officers of the law. Your committee can sea in the testimony no rea- son, excuse or palliation of this feeling. Up to this time no warrant or proclamation of any kind had been in ihehands of any officer against any cit- izen of Lawrence. No arrest had been attempted, and no writ resisted in that town. The rescue of Branson sprang out of a murder committed thir- teen miles from Lawrence, in a detached settlement, and neither the town nor its citizens extended any protection to Branson's rescuers. On the contrary, two or three days after the rescue, S. N. "Wood, who claimed publicly to be one of the rescuing party, wished to be arrested for the purpose of test- ing the Territorial laws, and walked up to Sheriff Jones and shook hands with him, and exchanged other courtesies. He could have been arrested without any difficulty, and it was his design when he went to Mr. Jones to be arrested, but no at- tempt was made to do so. It is obvious that the only cause of this hos- tility is the known desire of the citizens of Law- rence to make Kansas a Free State, and their re- pugnance to laws imposed upon them by non-res- dents. Tour Committee do not propose to detail the incidents connected with this foray. Fortuuately for the peace of the country, a direct conflicr be- tween the opposing forces was avoided by an ami- cable arrangement. The losses sustained by the settle s iu property taken and time and money ex- pended in their own defence, added much to the trials incident to a new settlement. Many persons were unlawfully taken and detained — in some ca- ses, under circumstances of gross cruelty. This was especially so iu the arrest and treatment of Dr. G. A. Cutter and G. F. Warren. They were taken, without cause or warrant, 60 miles from Lawrence, and when Dr. Cutter was quite sick.— They were compelled to go to the camp at Law- rence, were put in the custody of " Sheriff Jones," who had no process to arrest them — they were ta- ken into a small room kept as a liquor shop, which was open and very cold. That night Jones came in with others, and went " to playing poker at 25 cents ante." The prisoners were obliged to sit up all night, as there was no room to lie down -when the men were plaving. Jones insulted them fre- quently, and told one of them he must either "tell or swing." The guard then objected to this treat- ment of prisoners, and Jones desisted. G. F. War- ren thus describes their subsequent conduct : They then carried us down to their camp ; Kel- ley of the Squatter Sovereign, who lives in Atch- ison, came round and said he thirsted for blood, and said he should uke to hang us on the first tree. Cutler was very weak, and that excited him so that he became delirious. They sent for three doctors, who came. Dr. Stringfellow was one of them. They remained there with Cutler until af- ter midnight, and then took him up to the office, as it was very cold in camp. During the foray, either George W. Clark, or Mr. Burns, murdered Thomas Barber, while the latter was on the highway on his road from Law- rence to his claim. Both fired at him, and it is impossible from the proof to tell whose shot was fatal. The details of this homicide ure stated by eye-witnesses. Among the many acts of lawless violence which itjhas been the duty of your Committee to investi- gate, this invasion of Lawrence is the most de- fenceless. A comparison of the facts proven, with the official statements of the officers of the Gov- ernment, will show how groundless were the pie- texts which gave rise to it. A community in which no crime had been committed by any of its members, against none of whom had a warrant been issued or a complaint made, who had re- sisted no process in the hands of a real or pre- tended officer, was threatened with destruction in the name of "law and order" and that, too, by men who marched from a neighboring State with arms obtained by force, and who, in every stage of their progress, violated many laws, among others the Constitution of the United States. The chief guilt of it must rest on Samuel J. Jones. His character is illustrated by his language at Lecompton, where peace was made: "The "said Major Clark and Burns both claimed the "credit of killing that d — d Abolitionist, and he ! "didn't know which ought to have it. If Shan- "non hadn't been a d — d old fool, that peace would "never have been declared. He would lave "wiped Lawrence out. He had men and means "enough to do it." Shortly after the retreat of the forces from be- fore Lawrence, the election upon the adoption of the State Constitution was held at Leavenworth City, on the 15th of December, 1855. While it was proceeding quietly, about noon Charles Dunn, with a party of others, smashed in the window ot the building in which the election was being held, and then jumped into the room where the judges of election were sitting, and drove them off. One of the clerks of election snatched up the ballot-box and followed the judges, throwing the box behind the counter of an adjoining room through which he passed on his way out. As he got to the street door, Dunn caught him by the throat and pushed him up against the outside of the building, and demanded the ballot-box. Then Dunn and another person struck him in the face, and he fell into the mud; the crowd rushed on him, and kicked him on the head and in the sides. In this manner the election was broken up, Dunn and his party obtaining the ballot-box and carrying it off. To avoid a similar outrage at the election for State officers, &c, to be held on the 15th of Jan- uary, 1856, the election for Leavenworth District was appointed to be held at Easton, and the time postponed until the 17th of January, 1856. On the way to the election, persons were stopped by a party of men at a grocery, and their guns taken from them. During the afternoon, parties came up to he place of election, and threatened to destroy the ballot box, and were guilty of other insolent and abusive conduct. After the polls were closed, many of the settlers, being apprehen- sive of an attack, were armed in the house where the election had been held the next morning. That night, S: Sparks, his son and nephew, started for home, his route running by the store of a Mr. Dawson, where a large party of armed men had collected. As he approached, these men demand- ed that he should surrender, and gathered about him to enforce the demand. Information was carried by a man in the company of Mr. Sparks to (he house where the election had been held. E,. P. Brown and a company of men immediately went down to relieve Mr. Sparks, and did relieve him when he was in imminent danger. Mr. Sparks 19 then started back with Mr. Brown and his party, and while on their way were fired npon by the other party. They returned the fire, an-1 an irre- gular fight then ensued, in which a, man by the name of Cook, of the Pro-Slavery party, received a mortal wound, and two of the Free State were slightly wounded. Mr. Brown, with seven others who had accom- panied him from Leavenworth, started on their re- turn home. When they had proceeded part of the way, they were stopped and taken prisoners by a party of men called the Kickapoo Bangers, un- der the command of Capt. John W. Martin. They were disarmed and taken back to Easton, and put in Dawson's store. Brown was separated from the rest of his party and taken into the office of E. S. Trotter. By this time several of Martin's party and some of th'e citizens of the place had become intoxicated and expressed a determination to kill Brown. Captain Martin was desirous to and did all in his power to save him. Several hours were spent in determining what should be done with Brown and his party. In the meantime, without the knowledge of his party, Capt. Martin liberated all of Brown's party but him- self, and aided themin their escape. The crowd re- peatedly tried to get in the room where Brown was, and at one time succeeded, but were put out by Mar- tin and others. Martin, finding that further effort on his part to save Brown was useless, left and went home. The crowd then got possession of Brown and finally butchered him m cold blood. The wound of which he died was inflicted with a hatchet by a man of the name of Gibson. After he had been mortally wounded, Brown was sent home with Charles Dunn, and died that night. — No attempt was made to arrest or punish the mur- derers of Brown. Many of them were well known citizens, and some ot them were officers of the law. On the next Grand Jury which sat in Leavenworth county, the Sheriff summoned several of the per- sons implicated in this murder. One of them was M. P. Rively, at that time Treasurer of the Coun- ty. He has been examined as a witness before us. The reason he gives why no indictments were found is, "tbey killed one of the Pro-Slavery men and the Pro-Slavery men killed one of the others, and I thought it was about mutual." The same Grand Jury, however, found bills of indictment against those wh > acted as Judges of the Free State election . Bively says : — "I know our utmost endeavors were made to find out who acted as Judges and Clerks on the 17th of January last,and at all the bogus elections held by the Abolitionists here. We were very anxious to find them out, as we thought them acting illegally." Your Committee, in their examinations, have found that in no case of crime or homicide, men- tioned in the report or in the testimony, has any indictment been found against the guilty party, except in the homicide of Clark by McCrea, Mc- Crea being a Free-State man. Yqur Committee did not deem it within their power or duty to take testimony as to the events which have transpired since the date of their ap- pointment; but as some of the events tended seri- ously to embarass, hinder, and delay their investi- gations, they deem it proper here to refer to them. On their arrival in the Territory the people were arrayed in two hostile parties. The hostility of them was continually increased during their stay in the Territory by the arrival of armed bodies of men, who, from their equipments, came not to fol- low the peaceful pursuits of life but armed and organized into companies, apparently for war — by the unlawful detention of persons and property while passing through the State of Missouri, and by frequent forceable seizures of persons and pro- perty in the Territory without legal warrant. — Your Committee regret that they were compelled to witness instances of each of these classes of outrages. While holding their session at West- port, Mo., at the request of the sitting Delegate they saw severalbodiesof armed men, confessedly citizens of Missouri, march into the Territory on forays against its citizensJrat under the pretence of enforcing the enactments before referred to. The wagons of emigrants were stopped in the highways, and searched without claim of legal powers, and in some instances all their property taken from them. In Leavenworth City leading citizens were arrested at noon-day in our presence, by an armed force, without any claim of authority, except that derived from a self-constituted Committee of Vig- ilance, many of whom were Legislative and Ex- ecutive officers. Some were released on promising to leave the Territory, and oihers being detained for a time were formally notified to leave, under the severest penalties. The only offence charged against them was their political opinions, and no one was thus arrested for alleged crime of any grade. There was no resistance to the^e lawless acts by the settlers, because, in their opinion, the parsons engaged in them would be sustained and reinforced by the citizens of the populous border counties of Missouri, from whence they were only separated by the river. In one case witnessed by your Committee, an application fcr the writ of habeas corpus was prevented by the urgent solicit- ation of pro-slavery men, who insisted that it would endanger the fife of the prisoner to be dis- charged under legal process. While we remained in the Territory, repeated acts of outrage were committed upon the quiet unoffending citizens, of which we received au- thentic intelligence. Men were attacked on the highway, robbed, and subsequently imprisoned. Men were seized and searched, and their weapons of defence taken from them without compensation. Horses were frequently taken and appropriated. Oxen were taken from the yoke while plowing, and butchered in the presence of their owners. One young man was seized in the streets of the town of Atchison, and under circumstances of gros3 barbarity was aired and cottoned, and in that con- dition was sent to his family. All the provisions of the Constitution of the United States, securing persons and property, are utterly disregarded. The officers of the law, instead of protecting the people, were in some instances engaged in these outrages, and in no instance did we learn that any man was arrested, indicted or punished for any of these crimes. While such oflences were com- mitted with impunity, the laws were used as a means of indicting men for holding elections pre- liminary to framing a Constitution and applying for admission into the Union as the State of Kan- sas. Charges of high treason were made against prominent citizens, upon grounds which seem to your Committee absurd and ridiculous, and under the e charges they are now held in custody and are refused the privilege of bail. In several cases men were arrested in the State of Missouri while passing on their lawful business through that State, and detained until indictments could be found in the Territory. These proceedings were followed by an offence of still greater magnitude. Under color of legal pro- cess, a company of ahout seven hundred armed men, the great body of whom your Committee are satisfied were not citizens of the Territory, march- ed into the town of Lawrence under Marshal Don- aldson and S. J. Jones, officers claiming to act un- der the law, and bombarded and then burned to the ground a valuable hotel and one private house, de- stroyed two printing presses and material, and then, being released by the officers, whose posse they claimed to be, proceeded to sack, pillage and rob houses, stores, trunks, &c., even to the cloth- 20 ing of woman and children. Some of the letters [ thus unlawfully taken were private ones, written j by the contesting delegate, and they were offered in j evidence. Your committee did not deem that the person holding them had any right thus to use them, and refused to be marie the instruments to i report priva'e letters thus obtained. This force was not resisted, because it was col- j lected and marshaled under the forms of law. — ! But this act of barbarity, unexampled in the histo- ry of our Government, was followed by its natural consequences. All the restraints which American citizens are accustomed to pay even to the appear- ance of law, were thrown off: one act ot violence led to another; homicides became frequent. A party under II. C. Pate, composed chiefly of citi- zens of Missouri, were taken prisoners by a party , of settlers; and while your Committee were at Westport, a company, chiefly of Missourians, ac- companied by the acting Delegate, went to relieve Pate and his party,and a collision was prevented by the United States troops. Civil war has seemed impending in the Territory. Nothing can prevent so great a calamity but the presence of a lar»e force ot United States troops, under a commander who will with prudence and discretion quiet the excited passions of both parties, and expel with force the armed bands of lawless - nen, coming from Missouri and elsewhere,who with criminal per- tinacitv infest the Territory. In some cases, and as to one entire election dis- trict, the condition of the country prevented the at- tendance of witnesses, who were either ar- rested or detained while obeying our process or de- terred from so doing. The Sergeant-at-Arms who served the processes upon them was himself ar- rested and detained for a short time by an armed force, claiming to be part of the posse of the Mar- shal but was allowed to proceed upon an examin- ation of his papers, and was furnished with a pass signed by ' r WarrenD. Wilkes, of South Carolina." John Upton, another offi ier of the Committee, was subsequently stopped by a lawless force on the borders of the Territory, and after being detained and treated with great indignity, was released. He, also, was furnished with a pass signed by two citizens of Missouri, and addressed to "Pro-Slave- ry men." By reason of these disturbances we were delayed in Westport, so that while in session there our time was but partially occupied. But the obstruction which created the most se- rious embarrassment to your Committee was the attempted arrest of Governor Reeder, the contest- ing Delegate, upon a writ of attachment issued against him by Judge Lecompte to compel his at- tendance as a witness before the Grand Jury of Douglas county. William Fane, recently from the State of Georgia, and claiming to be the Depu- ty Marshal came into the room of the Committee while Gov. Beeder was examining a witness before us, and producing the writ required Gov. Reeder te attend him. Subsequent events have only strengthened the conviction of your Committee that this was a wanton and unlawful interference by the Judge who issued the writ, tending great- ly to obstruct a full and fair investigation. — Gov. Reeder and Gen Whitfield alone were ful- ly possessed of that local intelligence which would enable us to elicit the whole truth, and it was obvious to every one that any event which would separate either of them from the Committee would necessarily hinder, delay, and embarrass it. Gov. Reeder claimed that under the circumstances in v/hich he was placed he was privileged from arrest except for treason, felony, or breach of the peace. As this was a question of privilege, proper for the Court, or for the privi- leged person alone to determine on his peril, we declined to give bim any protection or take any action in the matter. He refused to obey the writ, believing it to be a mere pretence to get the custo- dy of his person, and fearing, as he alleged, that he would be assassinated by lawless bands of men then gathering in and near Lecompton. He then left the Territory. Subsequently H. Miles Moore, an attorney in Leavenworth city, but for several years a citizen of Weston, Mo., kindly finished the Committee in- formation as to the residence of persons voting at the elections, and in some cases examined wit- nesses before it. He was arrested on the streets of that town by an armed band of about thirty men, headed by W. D.Wilkes, without any color of authority, confined, with other citizens, under a military guard for 24 hours, and then notified to leave the Territory. His testimony was regarded as important, and upon his sworn statement that it would endanger his person to give it openly the majority of your Committee deemed it proper to examine him ex parte, and did so. By reason of these occurrences, the contestant, and the party with and for whom he acted, were unrepresented before us during a greater portion of the time, and your Committee were required to ascertain the truth in the best manner they could. Your Committee report the following facts and conclusions as established by the testimony: First — That each election in the Territory held under the organic or alleged Territorial law has been carried by organized invasions trom the State of Missouri, by which the people of the Territory have been prevented from exercising the righta secured to them by the organic law. Second — That the alleged Territorial Legislature was an illegally constituted body, andhad no power to pass valid laws, and their enactments are, there- fore^ null and void. Third — That these alleged laws have not, as a geueral thing, been used to protect persons and property and to punish wrong, but, for unlawful purposes. Fourth. — That the election under which the sit- ting Delegate, John W. Whitfield, holds his seat, was not held in pursuance of any valid law, and that it should be regarded only as the expression of the choice of those resident citizens who voted for him. Fifth. — That the election under which the con- testing Delegate, Andrew H. Reeder, claims his seat, was not held in pursuance of law, and that it should be regarded only as the expression of the choice of the resident citizens who voted for him. Sixth — That Andrew H. Reeder received a great- er number of votes of resident citizens than John W. Whitfield, for Delegate. Seventh. — That in the present condition of the Territory a fair election cannot be held without a new census, a stringent and ;vell guarded election law, the selection of impartial Judges, and the presence of United States troops at every place of election. Eighth — That the various elections held by the people of the Territory preliminary to the forma- tion of the State Government, have been as regu- lar as the disturbed condition of the Territory would allow; and that the Constitution passed by the Convention, held in pursuance of siid elections embodies the will of a majority of the people. As it is not the province of your Committee to suggest remedies for the existing troubles in the Territory of Kansas, they content themselves with the foregoing statement of facts. All of which is respectfully submitted. WM. A. HOWARD, JOHN SHERMAN. Cincinnati Gazette Company Print, Fourth & Vine Sts. I P.. I' YV;