F 685 .048 Copy 1 KANSAS CONTESTED ELECTION. SPEECH OF (P'^V-"' HON. M. OLIVER, OF MISSOURI, IN THE HOUSE OF REPRESENTATIVES, MARCH 7, 1856, On the Resoluiionfrom the Commit fee on Elections in the Contested Election case from r1 ^ the Territory of Kansas. Mr. OLIVER', of Missouri, siiid: Mr. Spe.\ker: As I rarely offer myself to the notice of the House, or trespass upon its time, I flatter myself that I may, with confidence, claim the attention of its members, and bespeak their piUient indulgence on this occasion , while I present my views upon the sulijoct now before us. The question under consideration, as I under- stand it, is as to the propriety and, indeed, the legality of adopting the resolution reported to the House by the majority of the Committee of Elec- tions, asking the House to confer upon that com- mittee power to send for persons and papers in the matter of the contested election between Gov- ernor Reeder and General Whitfield. I shall endeavor to show, sir, that the House cannot, with any legal propriety or justification, adopt that resolution— a resolution asking for powers so extraordinary under the circumstances. Gen- oral Whitfield has been permitted to take his seat in this House I)y virtue of the commission which hr received from the Governor of the Territory of Kansas, certifj'^ing to the House that he was duly elected, and is entitled to a seat on this floor as DblcgaU! from that Territory. This being the case, Governor Reeder makes his appearance before the House to contest the right of General Whitfield to a seat, and meanwhile sets up the strange and extraordinary pretension of his own right to occupy the scat now occupied by General Whitfield. Governor Reeder contests the right of the sitting Delegate mainly upon the ground that the law under M'hich he was elected was, and is, null and void, for the reason, as he alleges, that the Legislature of the Territory which en- acted that law was composed of members not chosen in accordance with the provisions of the act organizing the Territory, but were imposed upon the Territory by the illegal votes, accom- panit;d by force and violence, of people from the neigiiboring State of Missouri. Whether it be true or false, that the elections in that Territory •wrri'. controlled by illegal voters from the State of Missouri, as alleged by Governor Reeder, that is tt matter into which this House cannot inquire to the end of declaring the laws passed by that Li'gi.sjature null and void, I maintain that the House, in this contested case, is to be regarded as a ciiurt, and governed in its deliberations and final adjudication of the questions before it by the same rules which would govern a court of justice in passing upon any question arising under the laws of the Territory of Kansas. It becomes, then, important to inquire whether any court, having jurisdiction over any question of a public or private character arising under the laws of that Territory, would have power, accord- ing to the rules of law, to go behind the legislation and inquire into the qualification of the members who composed the Legislature. I scarcely deem it necessary to argue a proposition of that char- acter, for I apprehend |:entlemen will search in vain for any rule of law tending in the remotest degree to establish such a proposition. All the ■ courts can do is to determine whether the laws passed by any Legislature are consistent witli the Constitution of the United States, or with the constitutions of the States in which they are passed, or, as in the case in hand, consistent with the provisions of the organic act. Finding them to be consistent with the Constitution or with the organic act, they must then proceed to administer them fairly and impartially as they stand upon the statute-book, and have no power to go behind the legislation to look into the qualification of the members of the Legislature from which they em- anate. If, then, the courts of the country "have no such power, with much less reason could this Congress arrogate to itself and exercise so mon- strous a power? For if this Congress has the power to declare the laws of Kansas null and void, because the Legislature was composed of members irregularly chosen, then, by a parity of reasoning, they would have the power, in a case similar to this, to go behind the legislation of even a State Legislature to inquire into the locality of the election of the members to that Legislature, to do which would bo a palpable invasion of the re- served rights of the States, and would lead to the most calamitous consequences. The act organizing the Territories of Kansas and Nebraska conferred upon or recognized the right of the people therein to govern themselves in all nuatters pertaining purely to their domestic interests and welfare, just as fiilly and completely as the States possess the power; and the same rules by which this House would be governed in passing upon the question of a contest for a seat, as the Representative from a State, musty govern them in their deliberations and action upor the case now under consideration. No line oi distinction can be drawn between them. Now, Mr. Speaker, tlie only ground upon himself to the House as a lojitimate contestant uliich Governor Rteilcr could coiuost General | of the right of General Whitfield to his seat — in Whilfuld's right to his seat would be that Gen- !| other words, even had he been a competitor of era! Whiifield had obtained his election by illegal || General "Wliitfif^ld before the people, and recog- votes; and even then he must make it aiipeartliat jj nizinl to the fullest extent the validity of the laws he was himself a candidate, and received a greater ' of Kansas— I submit that he shows in his state- iiuiiiber of legal votes than did General Whitfield. ' ment, which is made a part of the majority report, This, however, has not been, and I presume will | no just ground ujion which to ask the House to not be, pretended by Governor lleeder,or liy any ',' coijfer vipon the commiitee the power to send for of his Iriends; for the Governor says that he was ;' persoi).s and pap'>rs. It will be recollected that not a candidate at the election of the Jst of Oc.to- [l tlie election of a Delegate to Congress from the bcr; and he states, as the reason why he was not jj Territory of Kansas took place on the 1st day a candidate at that election, that he looked upon ;' of October, 1855, and that the returns of that the laws of the Territory as utterly null and void, | election were made to the proper officers of the and would not give countenance to them by sub- jj Territory. It must be borni; in mind, also, that mitting his claims to the people under them. I the act of 1851 prescribes the mode of taking contend, therefore, that Governor Reeder should ,j depositions in cases of contested elections. Gov- iiot be any longer enti^rtained by this House in ,'■ ernorRteder has not complied with the provisions contesting the right of General Whitfield to his ij of that act in any particular whatever. He failed seat. It does not appear that General Whitfield ,) to give notice to the silting Delegate, as that act had any comjietitor at all. Admitting, then, for j required. He faili;d to take depositions in thi' Ter- thesake of the argumc'Ut, thathedid receive many | ritory in accordiuice with the provisions of that illegal votes, still, if he nxeived any legal votes at l| act; and now tiiis House could not consistently all, lie is entitled to retain his seat upon this floor, the illegal votes which he received not vitiating his election according to any rule of law. Sir, the ]iower asked for, to send for persons and pajiersto be used as evidence in this case, ought not to be granted by the House for many reasons. Governor Reeder is manifestly a mere pretender. He comes before the House relying upon no law, national or territorial, on which to base his con- testation of Genera! Whitfield's seat; but, on the contrary, he comes before the House with the confer the power asked for by the majority of the committee, unh ss they or Governor Reeder can show to the House some extraordinary reason upon which to base the rec|uest; as for, instance, I some providential interference which prevented him from giving the notice, and taking the deposi- tions, and so forth. It will be seen, by reference to the report of the majoritj'- of the committee and the statement of Governor Reeder, that he represents that he was unable to take depositions to show how many bold declaration that thcje was no law of the Ter- i| illegal votes were cast, for the reason that he ritory of Kansas under which he could have been (j could not procure from the Secretary of the Ter- liimself elected. To grant the power asked by the j; ritory copies of the poll-books. He does wof stale majority of the committee would only be giving j in the paper referred to that he was ]"ire vented countenance to the merest pretender, ])utting !j from examining the poll-books in tlie office of the the sitting member to much trouble and incon- ^ secretary of the Territory, nor that he applied for venience, and possibly to great expense, interfcr ing with the legitimate discharge of his duties as Delegate from that Territory; and, besides that, bringing fifty or a hundred or more men to this city, at an enormous expensi; to the country, in full view of the fact that, if everything sliould be proven by them which is alleged in the report of the majority of the committee, and th.e statement filed by Governor Reeder himself, which is made any such purpose, and was refused; but simply that he was unable to procure copies of the poll- books. He states as a further reason that there were no officers in the Territory before whom he could take depositions, except some one of the jiidges of the supreme court of that Territory, who had received their appointmi>nts from the President of the United States; and that he could not take the depositions before them, because it a part of timt rejiort, this House could not then | would have b(,'en inconvenient for either jiarty to unseat General Whiifield without violating every ji travel through the Territory for the purjiose of depositions at the jioints which he well-established rule of law on the subject of con- tested elections. Sir, it could result in nothing more than an augmentation of the excitement al- ready unhappily existing in regard to that Ter- ritory; an excitement which all patriots and lovers of their country hope to see speedily subsidi;, as beiiiff dangerous to the Union and to the peace taking the v/ould have designated. He says that he could not have undertaken to take depositions before any justice of the peace, judge of a county court, or any other judicial officer in the Territory who held his office under and by virtue of the laws of the Territory, for the reason that he Inld those and well-beingof the whole country. This House |[ laws to be utterly null and void, and the oflicei-s should give no countenance and lend no aid to ! referred to as holding their offices without legal him who has originated a proceeding, and prose- j authority. cutes itto-day upon no legal basis, and for no legit- iniiUe or praiseworthy object, but only, as 1 verily beiii;ve, to def(.'at the operation of all law, and to involve the country in a wild and unhanjiy agita- tion in regard to the atlairs of Kansas, in order to j If the House, then, were to grant the authority asked for by the majority of the committee, it would be a concession on its part that the reasons assigned by the committee and by Governor Reeder constitute sufficient ground upon which keep up the association of his name with the ;; to grant him this indulgence; and it would be vir- eveiits of that far-off Territory and himself prom- 1: tually a declaration that the laws of tht,' Territory inentiy befort; the public eye, and espei-ially be- J were and are null anil void, and that there was no fore his peculiar northern friends and allies, as a 1] territorial officer before wliom Go\^ernor Reeder )nartyr to the cause of human fre'cdom, to African ]\ could have taken the depositions as required by i liberty, and to render himself an available candi date before the Pittsburg convention of the Black Republican party, but, sir, even if Governor Reeder presented law. This, I suppose, the House will hardly do. I hope not, at all events, for the sake of its own dignity and character as the national representa- tion. Begging, then, the House to remember 3 that it is sitting' as a court of justice in the matter of this contested caso, I ask if honorablo niemlicrs believe that, according to any rule of law, any court having' jurisdiction over cases arising under the laws of the Territory of Kansas, would grant a continuance to a party upon the facts alleged !>y G<'>vei'nor ReiMler in the majority report as the grounds upon wiiicli lie asks that the committee liave power to send for persons and papers in the case, thereby delajMiig; the investigation to almost an indefinite period ? No party in any court can ever obtain a continuance of liis case for the pur- pose of taking depositions or procuring evidence of any sort, unless he shows to the s;Uisfactioii of the court that he has used at least ordinary dil- igence in elibrts to procure the evidence ho seeks to obtain, and never when it is seen by the court that the factii which he seeks to prove, if estab- lished, would have no bearing on his caso under auj^ rule of law whatever. It is evident that, even if the facts stated by Governor Reeder were ]iroven, us alleged, to the satisfaction of the House, the House could not, consistently with the well-established rules of parliamentary law, turn General V/hitfield out of his seat; and", even if they were to do so, it must be manifest to every member of this House, on every side and of all parties, that Governor Reeder shows no ground upon whicli we could put him in the vacant seat. And here, Mr. Speaker, I must be permitted to remark — for it is the deep conviction of my mind — that I believe Governor Reeder has no hope, not the relnotest expectation, of obtaining a seat upon this floor. His only ho|ie and desire is to unseat General ^Vhitfield. That being accom- plished, he would himself cpiietly, I doubt not, retire from the conflict, and we should behold another Richmond in the field — one Mark Dele- hay. Governor Reeder claims to have been elected by the " free-State party" in Kansas, in disre- gard, and indeed in contempt, of all law, territo- rial or national; but he has presented no certificate of an election, even, at the hands of a promis- cuous assemblage of disorganizing spirits. Sub- sequtmt to his election, tiie celebrated Topeka convention was held by the free-State party in Kansas, and they framed there what they call a State constitution, under which this said Mark Delehay was elected as a member of this House from the Slate of Kansas. JNTow, Mr. Speaker, I maintain that, if either Govcranc- Reeder or Delehay has any pretensions to a just claim to a spat on this floor, Delehay 's claim is certainly superior to Reeder's, inasmuch as his alleged elec- tion was subsecjuont in time, and was by votes received, not of the citizens of the Territory of Kansas, but of the State of Kansas, made so by the Topeka convention in a revokuioiiary move- inent, indepeiulent of, and in open defiance of, all law and of al! the constituted au.thoritics of thatTeri'ltory. Delehay siiould be more respected by the House than Reeder, for the reason that ho holds a cornmissi(jn; he has a certificate of his election, signed, I believe, by tlie immortalJames Robinson, Governor of " the State of Kansas," and cornes with the more high-sounding and dig- r)ified title of " Representative from the State of Kansas," instead of "Delegate from the Terri- tory of Kansas." But, i\Ir. Speaker, -with all the lights before us, furnished by the majofity and minority reports, accompanied by the ailegations of Governor Reeder and the denials of General Whitfield, to- gether with all the facts and circumstances that are known to the members of this House touch- ' ing the course and conduct of Governor Reeder ! whilst presiding over the affairs of the Territory of Kansas, it seems to me that Governor Reeder should be the very Last man to come into this House and maintain that the laws of Kansas are ' nuUand void, for the reasons that he has assigned. I And why so, sir? The act organizing the Terri- : tories of'Kansas and Nebraska became a law on the 30th day of May, 1854. Governor Reeder ' received his commission as Governor of the Ter- ritory of Kansas on the 29th day of June, 1854. [The Governor of the Territory of Nebraska re- ceived his commission on the 2d day of August, in the same year. The Governor of Kansas was required by law to have the census of the quali- fied voters of tlie Territory taken, as preliminary to holding an electioti for members of the Legis- lature of that Territory. It was also made his duty to designate the time and places of holding that election, and also the time and place of the " meeting" of the first Territorial Legislature. Substantially the same duties were required of the Governor of the Territory of Neiirawka. The first Legislative Assembly of the Territory of Ne- braska convened on the IGth day of January, 1855, and thus the go vernment of that Territory ■was put into successful operation even before Governor Reeder had taken the first steps toward the election of members of the Legislature of Kansas. It seems that the Governor of Nebraska, soon after receiving his commission, repaired to the field of his labors and entered at once upon the discharge of the responsible duties devolved upon him, with a view to promote the peace and general welfare of the Territory over which he was called to preside. No complaints were ever heard of his courso and conduct as Governor of that Territory; no disorder or disorganization was heard of; but on the contrary ,_ the affairs of that Territory were administered m'a way to give satisfaction to the peojile of the Territory, and, at the same time, to afford no ground of com- jilaint to the people of the neighboring State of Missouri or of any other part of the country. The Governor of Nel)raska, it seems, entered upon the discharge of his duties, carrying with him the high purpose offaithfuUy and inipartially administering the lav/s in their p uvity, with a view to promote the .peace, concord, and harmony of the people of hisj. Territory, and the development of tlie vast resou ces contained within the limits of that Territory. Whilst the Governor of Nebraska was thus administering the aflairs of that Territory in a way so satisfactory, not only to its inliabiianta, but' to the whole country, carrying out in all their purity the provisions of the Kansas-Nebraska act. Governor Reeder— as I think it will apper most manif(,'st to all who will examine his course and conduct— was aiming at the accomplishment of results, as Governor of that Territoi;y, openly at war witli the provisions of the organic act, and which tended to defetit the great principle n.'cog- nized in it — of the right of the people of the Ter- riu)ry to govern themselves, in al! matters per- taming to their doinestic interests, or their own way, without foreign interference or domestic violence. Governor Reeder received this com- mission, as I have before remarked, on the 29th d'ly of June, 1854, but he did not reach the Ter- ritory until the 7ih day of October of that year. Now, the question naturally arises, what occa- j sioncd this marked delay on his part? What was the cause of this tardiness of his movements i"/ There is, according to the convictions of my/ mind, from all the light before me, hut one answer to be given to these questions, and that answer is, that Governor Reeder, when he accepted the office of Governor of the Territory of Kansas, accepted it with the understandins;, at luast in his own mind, that he would administer it in such a way as to make the Territory free soil, if pos- sible. And liere, sir, it is important to bo observed and remembered, that even before the Kansas- Nebraska act became a law, in anticipation of its passage, the opponents of slavery as well as of that bill formed an association in this city, which was called the " Emigrant Aid Society," and the object of which was to induce persons of anti- slavery proclivities to emigrate to that Territory. As an inducement to such emigrants, this asso- ciation was to furnish them with the means that would enable them to reach the Territory, with the express understanding tliatall wiio went there under the auspices of that association were, in the first election of members of the Legislature, to vote for those, and those only, who were opposid to the introduction of slavery into the Territory. I well remember to have seen the subscription pa)>er which was in the hands of a then member of Congress from Massachusetts, Mr. Goodrich, wlio was president of that association; and the only object specified in that paper to be accom- plislied by the association was, to defeat, to use their own language, the iniquitous objects of the Kansas-Nebraska bill, or, in other words, to con- trol the elections and to make Kansas a fn'c State. It was for that purpose, and none other, that this association was organized and persons in the free States induced to emigrate to that Territory. In verification of this fact, I have been author- ized by an honorable member from the S^ate of Indiana, [Mr. Mace,] ^l•ho was one of the vice- presidents of that associatirm, but whom 1 do not now see in his seat, to s.iy that there v/as but one purpose contemplated by that organization, and that was to send persons to the Territory of Kan- sas to make it a free State, by controlling, if pos- sible, the first election for memljcrs of the Legis- lature. Nothing was then said by any of llie members of that association about the suffering poor of the eastern cities and other localities in the free States. They said nothing then about their deep interest in, and solicitude for, the hap- piness and welfare of the thousands of poor white people in the free States, Nothing so commend- able and praiseworthy then jiromptcd those patriolic and philanlhropic members of Congress and citizens of the country to contribute money to aid the people of the free States to emigrate trompte(l them to subscribe money and induce the poor, duped white men of the North to go two thousand miles on the wild adventure of controlling the elections of that Tirritoiy, and to def at what they said was the object of tiie Kansas-Nt^braska bill, viz: to establish slavery in Kansas. I saw the names of many members of Congress to that paper, sub- scril)ing sums varying from twenty-five to one hundred dollars; and among others I remember to have seen the name of the honorable gentleman who now presides over the deliberations of this body. I allude to this in no spirit of unkindness, and with no desire to offend in the smallest de- gree, but, on the contrary, with every respect to that gentleman. Mr. SIMMONS, (in his seat.) I would ask the gentleman, whether it was by armed force, or by peaceable means, that that association pro- posed to control the elections in Kansas? Mr. OLIVER. I do not know whether it was by armed force or not. I presume not, however, for I take it that no men who would allow themselves to be herded upon steamboats, and shipped to the plac>i of destination for a particular purpose, under tlni control and management of an associ- ation of men, would have any particular desire to indulge in tjie exercises incident to ]->hysical strife with deadly weapons. But, I will further remark, in response to the gentleman, that the New York Tribune — that notorious Abolition aiul disorganizing pa]K'r,the leading org;in of his Black Republican jnirty — has counseled emigrants from the North to use Sharpe's ritles, if need be, to defeat the introduction of slavery into that Territory; and has said that with " men, money, and Sharpe's rifles," they would control the Territory of Kansas, in spite of the legislation of Congress and of the Territory, and " Pierce, Cushing, and Co." Sir, 1 believe that even the preachers of the Gospel, north of Mason and Dixon's line, have counseled the use of deadly weapons in order to make Kansas a fn!e State, saying that if ever the j)eople are justified in resorting to force, to the use of deadly weapons, to civil strife, and to the shedding of fraternal blood, it is when it becomes necessarj'- in order to prevent the introduction of slavery into any jiortion of our national domain. Mr.TRAFTON, (inhisseat.) The gentleman is mistaken in sayinij ull the preachers. I am a preacher, and have given no such counsel. Mr. OLIVER. The gentleman from Massa- chusetts says that he is a preacher, and tluit he has luen guilty of no such impropriety. 1 did not know that the gentleman was a preacher, and I am sorry to learn that there arc preachers in this House. Sir, it is to be n^gretted by all God-fearing men that professed ministers of Almighty God should descend from their high and holy vocation — that of preaching the word of their Master to the people, and whose duty it is to preach "peace and goodwill among men," and to aid tluir fellow-btings in making prepara- tion for that salvation which is promisecl to the devout and finally faithful in tlie world to come — and should be found or. this floor mixing and commingling with tlie M'orld in the bitter strifes and npreheiisiljle inlrigucsincident to the political party conilicts of the day. And certainly it is to be deplored by all who feel a reverence for the laws of Heaven, that we find professed ministers of Christ, members of this House, expressing sentiments of encouragement and giving counte- nance to a man who has violated all law, and, at the head of a party, set himself up sujK-rior to, and in open defiance of, law and order, and the constituted authorities in thi' Territory of Kansas. But, sir, the question recurs, what was the cause of Governor Reeder's extraordinary delay in reaching the Territory ai*d taking steps to put the government in successful operation? I shall undertake to show what that cause was — not by absolutely conclusive testimony, but by legitimate deductions from the facts and circumstances which are known to have existed at that time. This emigrant aid society was formed, as I before stated, at or about the time of the passaj^c of the Kansas-Xeliraska act. I have also stated its pur- poses. Now, it did require some time before that society could be put in successful operation, and a much longer time before, under its operations, emigrants could be transported into the Tt^ritory of Ivansss for the purposes avowed in its organi- zation. This was well known to Governor Reeder, and, as I tliink the sequel will prove, he sym- fathized with it from the moment of its creation, t will be remembered that he never reached the Territory of Kansas until the 7th day of Octob(;r, 1854. There is no reason that can be given of a satisfactory character why lie delayed Ids com- ing to so late a period. The only reason was, that he desired to give time for the successful operation of this emigrant aid society. When, at last, he reached the Territory in October, the people residing therein supposed, as it was per- fectly natural they should do, that the Governor would at once take the steps required by law towards fully organizing that Territory. Indeed, they petitioned and urged him to order an election for members of the Legislature at the earliest practicable moment, and he put them off from time to time with reasons aUogether unsatisfac- tory and signifying nothing. It will be remem- bered, also, that he never issued his proclamation for the election of members of the Legislature until about the I4th of March, 1855. And, in this connection, I beg to state what every gentleman upon this floor, who is familiar with the current newspaper history of the times, well knows, that, in tiie months of January and February, the people in the free States knew at or about what lime the election for members of the Legislature of Kansas was to take place. The people of the free States knew more about the state of ciffairs in Kansas Territory, and what were the purposes of Governor Reeder, than did the citizens of the Territory or of the adjoining State of Missouri. From whom did tliey derive their information ? Surely they could have de- rived information so precise as to the time when the election was to take place from no one but the Governor himself, or from some one author- ized by him to speak on the subject. Now, such being the case, why did Governor Reeder give them this information relative to the time when the first election would be held, unless it was to enable the emigrant aid societies to be prepared to send the greatest possible number of men into Kansas in th(> early spring, as soon as the navi- gation should open.' I will mention, as an important fact in this con- nection, that until on or about the 14th of March, 1855, the people of the Territory of Kansas were wholly ignorant as to the time when this election was to lake place, and the only information they reccivi:d upon the subject was through news- papers pulilished in the free States, which, of course, they could not regard as absolutely reli- able. The Governor, then, had postponed the election of members of the Legislature as long as he possibly could. The people of the Territory were beginning to murmur and to grow indignant on account of this delay, and on the further account that they began to suspect that the Gov- ernor was accommodating his action to the con- venience of the emigrant aid society, and that he'never intended to order an election of memliers of the Legislature until the fullest time had been allowed to that society to develop itself. He ( delayed the elections as long as he could with any sort of plausibility; and, at last, ordered them to take )ilace on the 30th day of March. And here, sir, let me state a fact which fell within my own observation. I left St. Louis on the 10th or 11th of March in that year, and the boat upon which I went uj) the Missouri river was litcrnlly crowded with passenger.?!, nearly all of whom I found to be persons from the free States, and traveling under the patronage and auspices of the emigrant aid society. Many of their trunks were lab(;led,as I noticed, with cards having upon them the name of Thayer, the agent of the society at St. Louis. I conversed with many of those persons on the way up the river. I asked them where they were going, and the general re- ply was, to Kansas. 1 spoke of its being quite early for emigration, because it was the month of March, and very inclement; there fell a snow seven or eight inches in dejith before I reached my home. I asked them why they had started out so early in the spring, while the weather was so unpleasant. The answer generally was, that they desired to r(!ach Kansas at the earliest pos- sible moment, and particularly to be there on the 30th day of March, for the purpose, as they said, of voting for members of the Territorial Legisla- ture. Nearly all of the boats that went up the Missouri river early that spring were crowded with passengers from the free States, traveling under the auspices of this emigrant aid society. Well, sir, the election took place on the 30th of March, 1855; and it is a well-known fact, sus- ceptible of the clearest proof, were it necessary, that hundreds of those emigrants, in less than one week after the election was over, were seen returning, as they said, to their homes in the East on steamboats and by land, saying that they had fulfilled their obligations to those under whose au- spices they had gone there; that they had seen the Territory; that they did not like the appearance of it; and that they thought they could be much more happy at their old homes in the East than in the Territory. In proof of the assertion that these emigrants were mere adventurers, I beg to state the fact, that there were not more than eight or ten females to two or three hundred males in that emigration, and that their traveling equi- pages consisted, in the main, of hand-sacks and small trunks. Some of them had guns, and nearly all of them side-arms and other weapons of offimse and defense. When the people in the western part of the State of Missouri heard of these things, b^ng satisfied that the sole object of this emigrant aid society was to throw men into the Territorj"" to control the first election, and when they saw with their own eyes hundreds and thousands of men pouring into the Territory just before the election, their apprehensions were excited, and they were rendered indignant to the highest degree at the idea that abolitionism in the North shovdd resort to such unusual and extraordinary means to de- feat the establishment in Kansas of an institution which existed amongst themselves. Many of them went over into the Territory, for no pur- pose of violence, but rather to aid in preserving th(^ laws of the Territory and the purity of the ballot-box. But at the same time I will say, in/ all frankness, that many of them went into the Territory determined to vote, if it was necessar; to prevent the effects which would otherwise hav/ resulted from this unusual and extraordinary ir termeddling with the local interests and doraes^ institutions of that Territory by those who hi reached it under the auspices of the emigrant aid gociety. I do not know, liowevor, of a verity, that any citizen of Missouri voted in that Terri- tory. Tlicre may liave been some who did; but if tliey did, they did nothing more than was done by hundreds of persons wlio had reached the Territory only a few days before tlie election, and who had not been within its borders more than three or four days. Hundreds of sucli per- sons kft the Territory for their homes in tlte East — some tile very cvening'after tlie election, and others a few days afterwards. If, then, there were any illegal votes cast by Missourians at that election in the Territory of Kansas, they were cast to counteract the evil effects of the illegal votes cast by those who had intruded themselves into that Territory for but one purjiose, and that was, to vote to control the election uf meniljers to the Territorial Legislature. I do not pretend that any such voting was lawful, but I do maintain that if that be true which I have stated, as to the interference of the proteges of this emigrant aid society, it is a circumstance that goes far, very fai-, to mitigateany irregularity on the part of the people of i\lissouri in voting at that election. Now, Mr. Speaker, with these facts and cir- cumstances before us, I think I may with every degree of propriety assert, that if, after Governor Reedcr received his appointment as Governor of tl'.e Territory of Kansas, he had within a reason- able period of time repaired to the field of his duties and taken steps towards putting the gov- ernment of Kansas into successful operation, there would have been no illegal toting in the Territory, there would have been no strife, no contention, 1)0 disorder, no shedding of fraternal blood; but that on the contrary the election would have passed of^" quietly, unmarked by any occurrences that would have attracted the attention of the people outside of the Territory; but Governor Reeder, as I verily believe, designedly delayed entering upon the duties which devolved upon him as Governor of that Territory, fen- the pur- pose of giving to the eastern emigrant aid society ftrll time and opportunity to flood the Territory of Kansas with those whom they sent there for the purpose, and the sole purpose, of controlling the first election of members of the Legislature of that Territory. Such interference was well calculated to engender bad feeling, and to lead ultimately to physical strife between the contend- ing parties in that Territory; in some few in- stances, alfrays occurred, blood was shed, and lives were lost; and all of that blood and those lives sacrificed, I charge, rest this day upon the liei\d of Governor Reeder. At the time of the passage of the Kansas-Ne- braska act, the people of Missouri were compara- tively unconcerned in regard to the institutions to becstablishcd in the Territory of Kansas. A great majority of them, hovv-ever, were strongly in favor of the repeal of the Missouri restriction, or so- called comiiromise, because they felt that when that was done an unjust restriction was rejiealed, and the Territory opened up to southern as well as to northern men, with the property of each. They were willing to let the principle recognized by the Kansas-Nebraska act — of the right of the peo[)le of the Territory to settle all questions of domestic policy (including the subject of slavery) in their own way — to take its ordinary and legitimate course. They were perfectly willing to abide by the principle recognized in that act; and if that Territory liad been peopled under the ordinary iws of emigratjion and settlement, by persons attracted thither by the usual inducements for the purpose of becoming bona fide settlers of the Territory, the people of Missouri never would have thought of the least interference or irregu- larity of movement in regard to the formation of the institutions of that Territory. They would have been governed by the well-(?stablit;hed prin- ciple that lies at the foundation of our Kepublic — that the will of a majority of the people of the State, or of any lawtiilly-constituted community, should govern in tdl matters pertnining to their domestic interests and welfare. But, seeing, as they did, an elTort made on tiie part of these as- sociations in the East, and even by State Legisla- tures chartering companies, as did the Legislature of Massachusetts, with a cajiitalof |5,U00,000, to send emigrants to that Territory, to ni;ike it fnt', the peo[>!e of Missouri were justly indignant at so gross an interference with the affairs of Kan- sas — an interference which was intended to operate prejudicially to the institution of slavery in the Slate of Missouri. They were then determined that they would not stand quietly by and behold this incursion into the Territory, and this inter- ference in a way so extraordinary in its character and wholly without example in the history of the country, and the natural effect of which must be to injure them in their rights of property and ill their general welfare. Sir, whatever the people of western Missouri may have done in that Territory, if the facts and circumstances fail to make out a clear case of jus- tification, they will, 1 am sure, in the judgment of all reasonable men, greatly mitigate their al- leged impropriety in regard to the allairs of that Territory. And in their behalf I am prepared to make this declaration, that whenever these asso- ciations arc broken up, these chartered companies torn down, and this interference on the part of associations in the East with the subject of slavery in Kansas ceased, the people of western Missouri will then be the first to condemn any improper in- terference with the elections in that Territory or ' with any matter that pertains to its local and domestic interests. They will be wilUng to abide by the decision of the actual, bona fide settlers of that Territory in regard to slavery or any other subject; and, however much they may regret the decisions of the people of that Territory, as they maj'- operate upon their own interests, either di- rectly or indirectly, they will still, as loyal, faith- ful citizens, bow submissively to the judgniinit of ! the majority of the actual inhabitants of that Ter- ritory in the formation of their social institutions. I Mr. Speaker, my ]icople have been di'iiounceil as " border rufiians." Border ruffians! A term intended to disparage that people — to gvt up a public sentiment in the North for political ends. The Alissouri " border ruflians" — a people made up of persons coming from the old Stati s, of nun of wealth, intelligence, and high moral v/orth — men of enterprise, public and private. To de- termine the correctness of what is intended as an opprobrious epithet, you have but to go througli \ that part of the State — to behold the wide-spread fields, churches of every denomination, ninmrous school-houses, the high state of civilization and ' refinement; and then talk about the people of Mis- souri being " border rutfians ! " Behold its j)e0jjle made up of citizens of every country— of men Irom the "Old Dominion," from Kentucky, from every southern State, from many of the northern States — behold them, a proud, gallant, and patri- otic people, conscious of their rights, and with nerve to maintain them; and then let these traitors vindertakc to designate them by the title of " bor- der ruffians." I do not allude to this in any sj)irit of unkind - iiess. The term lias ceased to be any longer a term of reproach, or to wound the sensibilities of llie people of western Missouri. I even see that the ladies in my Slate are called "border ruf- fians." They understand it all, and treat it with diirnified contempts ^Veli, when Governor Reeder gets control of matiei-s in Kansas, then comes this flood of emi- jjrants from the East, under the auspices of these "emigrant aid societies;" of course, it was for no oilier purpose than to control the approaching election. Tliat was their avowed purpose. It was the purpose for which they went up the river; and 1 submit it to you, as candid gentlemen, as men of spirit, of honor, as men who are conscious of your rights, would you, were you an inhabit- ant of Missouri, allow your rights to bo invaded, your projierty to be depreciated and rendered insecure, and your cou)itry to be flooded by a class of men whose design was to perform acts and pass laws which would materially afl'ect your rights and interests ? and that, too, in a Territory in wiiich you had the same rights with them and every portion of the country ? I ask for an honest reply- Wiien the people of Missouri saw these proceedings on tlio part of thesi; intermeddlers in the affairs of Kansas, and in contravention of the princijilcs of the Kansas-Nebraska act, they were aroused — I confess it, and confess it with no spirit of liumiliation, but v/ith pride, and to the honor of my people — tiiey were aroused to an indigna- tion which knew no bounds. They said, "Let pi'ace be upon our borders. We will observe, if possible, the law; we are opposed to the shedding of fraternal blood; but these people have come with the declared determination that the Territory shall be made free by this extraordinary organi- zation, and if they v/ill vote against law, we will ask to be allowed the same privilege, rather than the shedding of blood." Ii has been charged, Mr. Speaker, in the paper filed by Governor Reeder, that the people of Mis- souri went into that Territory with martial music, with banners flying, and, he says, with powder and arms. Does lie allege that there was any civil strife within the Territory .' There was none. Nor do I know of any Missourian who voted at that election in that territory. Not one. On the otlierhand,liundreds upon hundreds from the East, who went into that Territory about the fif- teciuh of March — about fifteen days before the election — did vote; and when the election was over, they went down the river by hundreds. They said that they had voted; that they had seen the elephant; were gratified with the sight; and had concluded to leave thi;re. That was according to the contract under which they went tlierc. Very well, then; we had members of the Legis- lature elected, and Governor Reeder was the pre- sidingofliccroftheTerritory. He had authority lo commission the memijers elected. Of thetwenty- eix members elected to the Assembly on the first returns, he commissioned seventeen. Gov'ernor Reeder himself commissioned seventeen, notwith- standing he now says, in his statement to this House, that the elections were all made by ])eople who came from Missouri, accompanied with force and violence. If such was the case, did not he know it then? Was he not in the Territory, and did he not know it.' He knew full well that if there had been irregularity on the one side, there had been also on the other, and he knew'liow it was brought about. When the members elect 1 presented themselves, he commissioned all but \i nine, and those nine he refrred back to the ' jieople. The election took place, and then the jj Legislature had a right to pass upon the qualifi- cations of its own members as an ultimate power. Nobody denies that Governor Reeder thus com- missioned seventeen out of twenty -six members. The others were referred back to tiie people. Now again comes up the question: Governor Reeder says that General Whitlirld is not entitled to a seat, for the reason that the laws of the i Territory are null and void, because the Legisla- '; ture was illegally constituted. If it were illegally ii constituted, Governor Ri)i:dQrwdr< paiticcps criini- l! nil. If it were illegally constituted, he knew the facts of its illegality, and yet be sanctioned it by his act as Governor of the Territory. But let me proceed further. After the election was over. Governor Reeder issued a proclamation convening the Legislature at Pawnee City, and the Legislature did meet there. And here, Mr. Speaker, let me call the attention of gentlemen to this particular fact. Governor Reeder issues his proclamation calling together tlie Legislature, which he now says was illegal, at Pawnee City, a place one hundred and forty miles from the Missouri river, on the mar- gin of the sparse settlements of that Territory, where there were no buildings, no conveniences, no provisions — having to get all their supplies from the riv(!r — and wlierc cholera was prevailing to a frightful extent, that terrific disease making more victims there, in proportion to the popula- tion, than anywhere else. The Legislature met at Pawnee City, and Governor Reeder caine before them with his message. And why did he con- vene them at Pawnee City? I]ecause the Gover- nor and others had been making investments in town sites on the military reservation, and expected to realize handsome fortunes. The assembling there of the Legislature would give the place character and notoriety abroad. And here let me remnul the House that the President of the Uni- ted States tells us that for complicity in this same offense of trespassing on the military reservation, a distinguished ofiicer of the Army was court- martialed and cashiered. When the Legislature met there. Governor Reeder flattered himself he was going to realize an immense fortune; and see how beautifully he talks ! The Legislature is all right now. There is no illegality in its consti- tution. The Legislature is quite legal so long as it sits in Pawnee City. Hear how Governor Reeder goes on in his message to the Legislative Assembly: "Having been duly' notifii^d that yoiir respL-ctivc bndies have organized for tile pL'rf.irmaiK-c of your ollicial functions, I lierewitli submit to you tlie usual executive communica- tion relativt' to jiulijocts of legislation, which universal and loug-coutinuud usage in analogous cases would seem to demand, although no express requirment of it is lo bo found in tlic act of Cojigress which has brought us into official ex- istenre, and prescribed our several duties. " The position wliich we occupy, and tlio solemn trust that is confided to us for originating the laws and Institutions and molding tiic d^'stini^;s of a new republic in the very geo- urapliical center of our vast and magnificent Confederation, cannot but impress us with a deep and solemn sense of the heavy responsibility wliich we have assumed, and admonish , us to lay aside all selfish and equivocal motives, to discani/ all unworthy ends, and in tlic .spirit of justice and charity/ to each other, with pure hearts, tempered feelings, andsobe* jiidmuents, to address ourselves to our task, and so perforn it, In the fear and reverence of that God who ovei-sces oi/ work, that the star we expect to add to the national bann/ shall be dimmed liy no taint or tarnish of dishonor, and th/ when viewed from the trying and scrutinizing stand-pc] of the future, we shall be subject to no reproach save i r^ Lunriix I ur i>-uriUKti>b 8 ■which ppriii^'s irom the inevitabh; fallibility of just and up- right iiiL'ii." The LoEjislaturc, I repeat, met pursuant to his proclamation, at Pawnee City; there he sends tliis communication to them — an extract from whicii I have road — and recommends the passage of certain measures uiiich, in his judgment, would promote the general welfare of the Territory. He admonishes them. al>ovc all things, to forget everything of self, and to rise above everything sordid; ajid this, too, on account of his high re- spect for his country, and for that God who is the ruler of nations, he invokes them in the style I have read. Now, Mr. Speaker, and gentlemen on each side of the House, I ask you, in all truth and soberness, ouglu not Governor Reeder's mouth be closed on this subject forever.' But let us go further. The Legislature, on account of the absence ofaccommodations at Paw- nee City, the absence of houses and provisions, and inasmuch as many were failing before the pestilence prevailing there, passed an act remov- ing the place of their sessions temporarily to Shawnee Mission. The Governor vetoed that enactment. Why? Because of his personal inter- est in Pawnee City. But the Leo-islature passed the act over his veto by a two-third vote, all the members being in dread of the pestilence. They accordingly started to Shawnee Mission, and there came thi' Governor, sauntering along after them. [Laughter.] The very fii'st bill passed by the Legislature at Shawnee Mission was one for the establishment of some little ferry, or some- thing of that kind, and he vetoed it. On what ground ? Why, sir, on the ground that the Legis- lature was not silting where he had convened them, and where the law called them, as he alleged. Now, Mr. Speaker, just look at it. The or- ganic act fixed the temporary scat of government of the Territory of Kansas at Fort Leavenworth, provided tliey could procure buildings; and con- ferred upon the Governor the right to designate the time and place for the meeting of the Legis- lature. But It was found that they could procure no sufficient buildings at Fort Leavenworth, and so, from the necessity of the case, the Governor established temporarily the seat of government at Shawnee Mission. Now, he had no authority, under the organic law, to establish the seat of government temporarily at Shawnee Mission. What right had he to do so ? He acted simply from the necessity of the case, and not by au- thority of any law. Then, when he had con- vened the Legislature, and it was regularly organ- ized, I contend, and submit it to every member of this House, that it had a right to adjourn to such time and place as it deemed right. Under the organic law, the legislative power of the Territory was to extend to all rightful'subjucts of Ii'gislation, consistent with the provisions of the Constitution of the United States and with the provisions of that act, section twenty-four, which IS in these words: " 'I'hat the Icgislativo power of the Territory shall extend to all riahtful suhjccts of Icjuislation, consistent with the Constitution of the United ^States and the provisions of this act." Now, I submit to every well-balanced mind if, after having met in Pawnee City, under the cir- cumstances, they had not the right to adjourn to meet inanoilwr place, witiiout violating any law? I say they had; and I wish to call the attention of the House to the peculiar phraseology of the organic act of Congress in this respect. It says: "The Governor shall designate the time and place I when and where the I language: " shall mee „ /»-- ««^ — j in regard to the Legi 016 088 983 4< j " the Governor shall Uesignaio me uiin,tum ^....-^ ■ when and where the Legislative Asseml)ly shall I hold its first session." One designates the place ; where the Legislative Assembly shall only meet, \\ and the other designates the place where it shall ij hold ks first session. The Legislative Assembly of !; Kansas did meet at the time and place d'^signated j; by Governor Reeder; then, in accordance with j! the authority of the organic act of the Territory, |{ by the clearest implication, they had the right to ! pass an act, as they did do, changing their place ![ of holding their session. I Well, sir, Governcu- Reeder vetoed that act; and I! after having continued his inal-adminislralion as Governor of the Territory, meanwhile trespassing upon the public lands, military reservations, and misconduct in other respects, the President saw fit to remove him from office. Sir, it was a just removal. It was an act that ought to have been performed long before, for, by retaining him, it was drawing around the President suspicions among the people, in various portions of the coun- try, that he was acting in bad faith towards the people of the South. But, sir, I am pleased to say, on my own behalf, as well as on behalf of my constituents, that the recent brilliant rays of light which have i)een thrown out from the exec- utive mansion, in th(; President's annual me.?sage, and in his more recent special message on Kansas affaii-s, have dispelled all the shadows that had begun to make their appearance in consequence of the suspicion of his supposed favorableness to Governor Reeder's conduct. But he now stands before the country fully redeemed as a man of integrity, of firmness, and of high moral courage, determined to execute faithl'uUy the Constitution and laws of the country, and to preserve ihi.'m in all their purity, as they relate to the equality of rights of every portion of the country. I call the attention of the House to the fact, that this revolutionary party — this " free State party," as they are called — assembled at Lawrence, and fortified the town, )n-ocured, or had, a supi)ly of Sharpe's rifles and artillery, with the avowed pul'pose of resisting the reguhu-ly constituted au- thorities of the Territory. These acts were com- mitted by that party whose ruling spirit was Governor Reeder. Now, sir, ought we to adopt this resolution, authorizing the Committee of Elections to send for persons and papers ? If you do it you thereby give countenance to revoluticni; you give counte- nance to a man who has i)ut himself at the head of a body of people acting in defiance of all law, and in defiance of the regularly constituted author- ities; you give countenance to a man who has been the principal instigator of the movements which have given rise to the recent troubles in Kansas, which required the Governor to call out the strong arm of the Territory to maintain the majesty of the laws. Will you lower the dignity of the House? Will gentlemen put a stain upon the Government by authorizing a committee of this House to send nearly two thousand miles for persons as witnesses to be used at the instance of a man who has counseled revolution and treason — I who sowed broad cast in that Territory the seeds , of revolution, strife, and the shedding of frater- nal blood. By our action in this afliiir we should teach him and all such, that revolutionists, dis- turbers of the public tranquillity, can never receive counftnance from the American Congress. \ ..„!!"" °PCO,.GRK: 0'6 088 983 4