Full text of "Report of the special committee appointed to investigate the troubles in Kansas, with the views of the minority of said committee"

SANTA CRUZ

34th CONGRESS, ) HOUSE OF EEPBESENTATIVES. ( KEPORT
1st Session. $ J No. 200.

REPORT

THE SPECIAL COMMITTEE

APPOINTED TO

INVESTIGATE THE TROUBLES IN KANSAS;

WITH

f HE VIEWS OF THE MINORITY

SAID COMMITTEE.

WASHINGTON:

CORNELIUS WENDELL, PRINTER.
1856.

IN THE HotrsE OP REPRESENTATIVES, July 2, 1856.

Ordered, That it be referred to the Committee of Elections, and printed ; and that leave
be given to the minority of said committee to submit a report at any time within ten days,
and to take additional testimony ; and when submitted, that the same be referred to the
Committee of Elections, and printed.

IN THE HOUSE OF REPRESENTATIVES, July 23, 1856.

Retched, That twenty thousand copies extra of the reports of the majority and minority
of the Kansas Investigating Committee, together with the journal of said committee, and
evidence taken by them, be printed for the use of the members of the House.

Resolved, That one hundred thousand copies extra, each, of the majority and minority
reports of said committee (without the journal and evidence) be printed for the use of the
members of the House.

Attest: WM. CULLOM, Clerk.

MS /L /fifC

TABLE OF CONTENTS.

Majority report

Page.

FOURTEENTH DISTRICT

Page.

Minority report _

Minutes of committee

110

Foreman, John W

Harding, Benj

TESTIMONY.

Jamieson, A. A.

Landis John.

347

Ekdion of November 29 1854 for Dele-

Larzelere Alfred

Scott John

931

Watterson T W

1ft

FIRST DISTRICT.
FA~OII "William . -

FIFTEENTH DISTRICT.

Gale H B

SECOND DISTRICT

Green J B

House, J. W

Uursou Harrison

Locran Campbell

Dunn James M

Logan, James W

1131

Wakefield John A

Potter, F. M

Wattle? Augustus

Potter Joseph

1132

Williams Wiley

376

THIRD DISTRICT.
Kitchel, M. J

SIXTEENTH DISTRICT.

Eastin, Lucian J __...

FOURTH DISTRICT.

Few Samuel F

Keller George H .

Bassinger Peter

Lindsey John A

Fuller Perry.

Matthias W G

EEackett, Reuben

Moore, H. Miles

Elopklns Thomas

Noble Dr James

Tavens, John F.

Pattie, Adam T

. 32

Moore, William

Rively M. P. .

1133

Wt*tfall, Dr. B. C

Poll-lists of election of November,

1854

FIFTH DISTRICT.

Table of inhabitants and qualified
voters

RTillson, James W

Governor's precept to takers of census

SIXTH DISTRICT

Names of qualified voters according
to census returns

*rmce, John C

Election of March 30, 1855.

SEVENTH DISTRICT

Proclamation of governor

101

Boundaries of districts

101

ohnstone, W. F

Precincts places for polls, and names

Bad, Matthias A

of the judges of election

104:

Instructions to judges -

107

NINTH DISTRICT

108

109

we, H. A

Apportionment of members, council

lobley C R

109

|sborn,'w J

1131

110

Reynolds, Thomas. .

Table of election returns

111

CONTENTS.

Page.
Proclamation of governor creating

new election district ...... ------ 1 13

Proclamation of governor concerning

judicial districts ................ 112

TESTIMONY.

FIBST DISTRICT.

154

Abbott, J. B ..... - ..... -

Ackley, Ira W ...................

Allen, Lyman ....................

Allen, Norman .................. - "J

Babcock, C. W .................. 123 '1^

Banks, John M ................... 161

Blanton,N. B .................... 148

Buckley, H. W ................ 167

Chapman, Edward ................

Churchill, George. ................ 145

Cummins, R. A. .................. 145

Davidson, John C. ................ 158

Davidson, Jordan ------ ....... ---- 157

Deitzler, Geo. W ................. 132

Doy, Dr. John

Elliott, R. G

Hopkins, Thomas ................. 150

Hornsby, Wm. B ................. 128

Jenkins, Gains ...... - ....... ----- 131

Ladd, E. D ...................... 114

Lyon, William ................... 154

Owens, Horatio. .................. 167

Pratt, CalebS ................. ..123,149

Robinson, Dr. Charles ............. 830

Vaughan, F. P ..... '. ............. 130

Wade, A. B ...................... 159

Whitlock, James ................. 165

Wood, Samuel N ................. 140

Yates, William ................... 12

SECOND DISTRICT.

Burson, Harrison _________ ........ 16:

Dunn, James M ------------------ 17:

Dunn, J. C ...................... 17

Jessee, William ................... 18

Jones, Samuel ........... _________ 18

Lahy, F. E ...................... 18

Mace, J. N ...................... 17

Macey, Dr. E. G .................. 17

Muzzy, H. C ..................... 18

Ramsay, Nathaniel ..... _ ..... ____ 17

Umberger, G. W ................. 18

Wakeficld, John A ................ 18

Ward, George W ................. 19

White, Andrew .................. 17

THIRD DISTRICT.

Berry, Geo. H .................... 21

Boggs, Wm. R ................... 20

Burgess, Rev. H. B ______ ........ __ 19

Hickcy, James ........ . .......... 20

Holmes, George .................. 21

Home, D. H ................ 20

Page,

ordan, Charles 199

xmg, John - 202

lerriam, J. F 208

litchell, M. J. 201

ublette, W. A 212

faughan, W. A. M 210

Wilmarth, L. C 205

FOURTH DISTRICT.

Bassinger, Peter 218

uller, Perry 217

Hackett, R 1133

avens, JohnF 220

ohnson, Andrew S 222

Kezer, B. S 224

Mockbee, Thomas 221

Moore, William .- 219

FIFTH DISTRICT.

Arthur, James M 232

Bouton, S. W - 233

hesnut, William 229

Gearhart, Joseph M .- 228

Westfall, Dr. B. C 225

Wilson, J. W 227

SIXTH DISTRICT.

Anderson, Jos. C 241

Arnett, T. B 245

Barbee, William 243

Cook, Emery B 238

Hamilton, John ._; 234,241

Williams, Samuel A.. 247

SEVENTH DISTFJCT.

Hoover, Absalom... - 261

Johnson, Andrew.. - 259

Johnson, Wm. F.. 256

Linkenanger, C. A,-- 257

Rice, Hallom 255

Rose, Marcus H 249,254

Stewart, James R 250,255

Titus, J. B -- 248

NINTH DISTRICT.

Lowe, H. A 278

McConnell, Andrew. - 263

Mobley, C. R 274

Reynolds, Thomas 272

Wilson, Robert. 264

TENTH DISTRICT.

Cantrell, John A 271 \

Garrett, M. A 266

Hascall, Isaac S 268

Osborne, W. J. 267

Stewart, Jose :>h 267

CONTENTS.

TWELFTH DISTRICT.
Baker, Augustus

Page.
269

Holliday, D

Page.
1135
1138
383
1137
369
384
424
1139
377
376
375
363

409
386
406
402
405
408
389
407
403
411
424
392
419
401
415
927
396
400
39-5

429
430

427

432
433
357
435
437

507

526
525
531
528
524
1140
527
563
530
532

King, Austin A

Martin, John W

D'Avis, John E.

269

Potter, F. M .

THIRTEENTH DISTRICT.
Chandler, Richard

286

Potter, Joseph ._

Rively, M. P

Rixey, Samuel

Shotwell, J. W

Dyer, G. M

291

Thompson, T. J

Godwin, W. H

282

Turnell, S. W

Hardh, Charles

289

Williams Wiley

287

Zimmerman, E. R .

Noble Dr James

283

SIXTEENTH DISTRICT.
Adams H J

Ross, J. B

279

Sharp, A. B

293

Tebbs 0. B

292

Tebbs Wm. H

. . 295

Brown David

Thorp Thomas - . _ . .

1134

Day, J. H

FOURTEENTH DISTRICT.

OC P

Eastin, L. J

Fisher, Adam

France, Matt

qqo

Hart, F. A

Brock, Benj. H

. .. 325

Johnson, D. J_ _ .

Kyle A. T ..

Carter, John R

. . 314

McAuley A

Creal, Henry S

330

Matthias Wm G . _

Cutler, Dr. G. A. ..

357

Minard T A

Dickerson Luther

349

Moore H Miles

Dillon Luther

307

Orr Patrick R

Duncan Benj

326

Pattie A T

Fizer David

351

Rees Amos

Forman, James F

...286,348

Forman, John W _

360

Gillespie, G. W.

331

Russell, Alex.

Hall, Willard P . .

321

Hamilton Eli

346

Hard in * Beni

308

Heed Albert

337

Hulan Osborn

317

Jamieson A A

299

Kirk, R. L

353

Johnson, Thomas -

Landis, John

361

EIGHTEENTH DISTRICT.
Baker DH

Larzelere, A

318

Lynch, James

351

Miller A M

329

Mitchell A M

329

Pattee J. W

350

Cutter Dr G. A _-.

Richardson W P

303

Scott John

894

Poll- lists of March election

Smith, John W.

317

Extracts from executive minutes con-
cerning March election, &c

Stewart C W

328

Stringfellow, Dr. J H

353

Election of May 22, 1855.

Tuck, Richard

343

Watterson, T. W

335

Whit^head C B

332

Whitehead J H

311 340

Dav J H

FIFTEENTH DISTRICT.
Bailey M T

373

Bourne Edward

379

Keller Geo H

Brewster H

382

Crane J B

366

Hodges, Thomas..,

372

Poll-lists of May election

CONTENTS.

Election of October 1, 1855, for Delegate
to Congress.

Cook, Emery B

Cox, Lewis M

Creal, H S

Field, D. W

Hamilton, John -- -

Holladay, D

Jenkins, Gaius

Landis, John

Lynch, James -

Moore, H. Miles

Morrow, Robert

Prather, L. A

Reed, James -

Richardson, W. P.. -

Stephens, John W

Warren, Geo. F

Weibling.H. G

Westfall, Dr. B. C

White, Andrew

Wol verton, T

Poll-lists of election of Oct. 1, 1855.

State movement, including election of A. H.
Seeder, delegates to constitutional conven-
tion, adoption of constitution, state offi-
cers, Sfc.

Blakely, Charles

Davis, James _

Deitzler, Geo. W

Green, J. C

Laughlin, Pat

Lowrey, G. P

Parrott, M. J

Roberts, W. Y

Wood, Dr. J. N. 0. P

Call for constitutional convention

Proceedings of Topeka convention _.
Proclamation for delegates to consti-
tutional convention

Constitution of State of Kansas

Proclamation for election to adopt

constitution

Proclamation for election of State

officers, &c

Memorial to the Congress of the

United States

Poll-lists of election of October 9,

1855

Poll-lists of election of December 15

1855 .'

Poll-lists of election of January 16

1856 ...._'

Emigrant Aid Society.

Charter of the New England Emigrant
Aid ^Company

Address of the executive committee.
List of officers of the corporation...
Names of parties in spring of 1855..

Page.

559
549
561
561
562

1142
549
559
562
563
547
550
556
558
553
558

1143
557
547
548
564

604
605
606
990
603
657
603
606
658
607
608

612
617

641
645
652
661
713
757

874
875

882
887

TESTIMONY.

Page.

Adams, Nathan .. ................ 840

Blossom, Henry M ____ ..... _ ..... 838

Bottom, T. E .................... 865

Chick, W. H ................. ____ 835

Donaldson, E. W_- ........ _ ...... 854

Donaldson, W. T .- ............... 851

Evans, J. B ................. _____ 846

Gilham, Alex ................. --- 848

Hunt, F. A .................. . 834,872

Ingalls, J. E .............. _______ 841

Kearney, C. E _____ .......... _____ 852

Kerr, Leander _ ................... 859

Lawrence, Amos A_ ....... . . _ ..... 873

Mace, Daniel. ....... _______ ...... 829

Mahan, F. M _________ ..... . ..... . 867

McCartney, E. C ........... _ ..... _ 855

Miller, Wm. H .................. . 862

Nicholson, B. F ................ .. 1144

Payne, M. J _______ ............ 837, 847

Redmon, J. B ................ ____ 864

Reed, J. T ............. . ......... 863

Riddlesberger, J ................ _. 844

Ridge, Isaac M ..... _ ............. 863

Robinson, Dr. Charles. .......... 830, 899

Smith, Samuel C _ ...... . ........ . 831

Slater, Benj ............... _____ 832,871

Spalding,C. C__ ................. . 856

Stone, Anson J ____________ ...... 886

Summers, W. H. ....... __________ 860

Thayer, Eli ..... _ ............... . 883

Walker, M. R .................... 897

Webb, Thos. W., (letter) ___________ 1143

Whitlock, James .. ............... 857

Secret Societies.

Conway, M. F ........

Davidson, Jordan
Francis, A J. ____

Laughlin, Pat
Lowrey, G. P
Prince, J. C
Reeder, A, H ____ __

Richardson, W. P
Scott, John ..... _

Stringfellow, Dr. J. H
Tebbs, Wm. H

Squatter associations.

Constitution of Delaware Association.
Salt Creek resolutions _____________

Stock bridge resolutions ........ ____

Leavenworth resolutions ......... _

Proceedings of meeting at White-
head, K.T .....................

TESTIMpNY.

923
902
910
905
921
902
947
901
894
925
930

951
953
954
955

Mitchell, A. M
Wakefield, J. A

956
950

CONTENTS.

VII

Lynching of Wm. Phillips.

Page.

Johnson. D. J 1026

Payne, A ;-% 965

'Rees, R. RJ -- 970

Warren, Geo. F r 963

Miscellaneous.

Abell, Peter T 1024.1037

Breeze, Thomas -- 1048

Brock, B. H 1021

Butler, Rev. P.. 960

Harding, Benj... 1021

Harris, James .- 1146

Hascall, Isaac S - - 1035

Lynch, John. __ 974

Lyon, A.B_ 975

Matthias, W. G_- - 1147

McKinney, Wm 1049

Oakley, Edward. _ 960

Smith. Samuel 958

Zimmerman, E. R 1023

Taking of ballot-box at Leavenworth City,
December 15, 1855.

Burgess, Wm

Hollis, G W

Hook, H. W

Johnston, H. H

Keller, G. W

Wetherell, Geo_ _ _

Murder of R. P. Brown.

Adams, Henry J

Bird, Joseph H.

Brown, David

Davis, Dr. James

Elliott, Josiah

Few, Dr. Saml. F

Green, J. C

Kookogey, S. J

Martin, Captain J. W

Motter, E. S

Park, Dr. J. G

Eively, M. P

Smith, Nick.

Sparks, Mrs. E

Sparks, Stephen

Taylor, Geo. A

978
980
980
973
980
979

985

981

996

1004

1147

1005

990

1016

1026

1007

1004

999

1006

1019

1011

1002

Wilfley, John ....... 1015

Williams, Wiley. ................. 1030

Murder of C. W. Dow.

Banks, John M ......... _ ......... 1056

Branson, Jacob ........... _ ....... 1060

Breeze, Thomas _ ......... '. ....... 1044

Coleman, F. M._ ................. 1052

Davidson, J. C ......... _ ......... 1047

Gleason, Salem ......... __________ 1042

Jones, Mrs. A .................... 1050

Jones, Daniel T ..... _____ ........ 1050

McKinney, N _________ ......... __ 1045

McKinney, Wilday _____ ...... _____ 1049

McKinney, Wm. ................. 1040

Owens, Samuel. ..... ____ ........ . 1051

Murder of Thomas Barber.

Barber, Robt. F .................. 1121

Colburn, Mrs. J. W ....... _ ....... 1125

Nichols, Harrison ________________ 1126

Pierson, T. M ........... _________ 1124

Phillips, Wm .................... 1127

Prentiss, Dr. S. P ..... ____________ 1128

Simpson, Henry M ............... 1128

Simpson, S. N ........ . ........... 1127

Siaje of Lavrrence.

Allen, Asaph _________ ........... 1114

Brewster, James ........ . ......... 1129

Brewster, 0. H ................... 382

Branson, A. B ____ ............ ---- 1094

Connelly, Thomas. ......... - ----- 1101

Cutler, Dr. G. A ............... --- 1110

Heyes, Homme _________ ....... -- 1093

Jessee, William ............ - ..... 1117

Legate, James F. - - ............... 1094

Leonard, Captain L ............... 1129

Lowrey, G. P ............ - ....... 1074

Phillips, Wm .................... 1112

Prather, L. A.. ...... - ........... 1065

Robinson, Dr. Charles ............. 1069

Shannon, Gov. Wilson ............ 1 102

Warren, Geo. F .................. 1097

Winchell, J. M ......... - ......... 1086

Woodson, Daniel ................ -

Ex Part* Testimony.
Appendix to minority report

34th CONGRESS, ) HOUSE OF REPRESENTATIVES. C REPORT
1st Session. $ ) No. 200.

KANSAS AFFAIRS,

Mr. HOWARD, from the Select Committee, made the following
REPORT.

[Mr. MORDECAI OLIVER submitted the views of the minority, herewith

printed.]

The Special Committee appointed to investigate the troubles in the Ter-
ritory of Kansas, having performed the duties required by the House,
beg leave to submit the following report:

A journal of proceedings, including sundry communications made
to and by the committee, was kept ; a copy of which is herewith
submitted.

A copy of the testimony has been made and arranged ; not accord-
ing to the order in which it was taken, but so as to present as clearly
as possible a consecutive history of events in the Territory from its
organization to tbe 19th day of March, A. D. 1856.

This copy and the original, with copies of the census rolls and the
poll-books of all the elections, are herewith submitted.

Your committee deem it their duty to state, as briefly as possible,
the principal facts proven before them. When the act to organize the
Territory of Kansas was passed on the 30th of May, 1854, the greater
portion of its eastern border was included in Indian reservations not
open for settlements, and there were but few white settlers in any
portion of the Territory. Its Indian population was rapidly decreas-
ing, while many emigrants from different parts of our country were
anxiously waiting the extinction of the Indian title, and the establish-
ment of a Territorial government, to seek new homes on its fertile
prairies. It cannot be doubted that if its condition as a free Terri-
tory had been left undisturbed by Congress, its settlement ^would
have been rapid, peaceful, and prosperous. Its climate, its soil, and
its easy access to the older settlements, 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 admitted into the Union
as a free otate, without the least sectional excitement. If so organ-
ized, none but the kindest feelings could have existed ^ between its
citizens and those of the adjoining State. Their mutual interests and

4 m KANSAS AFFAIRS.

intercourse, instead of, as now, endangering the harmony of the
Union, would have strengthened the ties of national brotherhood.
The testimony clearly shows that before the proposition to repeal the
Missouri compromise was introduced into Congress, the people of
western Missouri appeared indifferent to the prohibition of slavery in
the Territory, and neither asked nor desired its repeal.

When, however, the prohibition was removed by the action of Con-
gress, the aspect of affairs entirely changed. The whole country was
agitated by the reopening of a controversy which conservative men in
different sections believed had been settled in every State and Terri-
tory 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 set-
tlers favoring free or slave institutions moved into it. A new diffi-
culty soon occurred. 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
Territorial legislature could prohibit slavery ; that that power was
alone possessed by the people when they were authorized to form a
State government. It was contended that the removal of the restric-
tion virtually established slavery in the Territory. This claim was
urged by many prominent men in western Missouri, who actively en-
gaged in the affairs of the Territory. Every movement, of 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 returned
to their homes. Among their resolutions are tiie following :

" That we will afford protection to no abolitionist as a settler of
this Territory."

" That we recognise 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 Territory,
and by meetings in several counties of Missouri. Thus the first
effect of the repeal of the restriction against slavery was to substi-
tute the resolves of squatter meetings, composed almost exclusively
of citizens of a single State, for the deliberate action of Congress ac-
quiesced in for thirty-five years.

This unlawful interference has been continued in every important
event in the history of the Territory ; every election has been controlled,
not by the actual settlers, but by citizens of Missouri ; and, as a conse-
quence, every officer in the Territory, from constable to legislators,
except those appointed by the President, owe their positions to non-i
resident voters. None have been elected by the settlers ; and youri
committee have been unable to find that any political power what-

KANSAS AFFAIRS. 3

ever, however unimportant, has "been exercised by the people of the
Territory.

In October, A. D. 1854, Gov. A. H. Keeder, and the other officers
appointed by the President, arrived in the Territory. Settlers from
all parts of the country were moving in in great numbers, making
their claims and building their cabins. About the same time, and
before any election was or could be held in the Territory, a secret po-
litical society was formed in the State of Missouri. (I) It was known by
different names, such as " Social Band," " Friends' Society/' " Blue
Lodge," " The Sons of the South." Its members were bound together
by secret oaths, and they had pass-words, 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 proceed-
ings of the lodges ; and the different lodges were connected together by
an effective organization. It embraced great numbers of the citizens of
Missouri, and was extended into other slave States and into the Terri-
tory. Its avowed purpose was not only to extend slavery into Kansas,
but also into other territories 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 col-
lect money to pay their expenses, and, if necessary, to protect them
in voting. It also proposed to induce pro-slavery men to emigrate
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 effect-
ive instrument in organizing the subsequent armed invasions and fo-
rays. 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 Ter-
ritory 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 gather-
ing strength in a neighboring State, and would have been sufficient
at their first election to have overpowered them, even if they had been
united to a man.

Your committee had great difficulty in eliciting the proof of the de-
tails in regard to this secret society. One witness, a member of the
legislative council, refused to answer questions in reference to it. (2)
Another declined to answer fully, because to do so would result to his
injury. (3) Others could or would only answer as to the general pur-
poses of the society ; but sufficient is disclosed in the testimony to show
the influence it had in controlling the elections in the Territory ,,

The first election was for a delegate to Congress. It was appointed
for the 29th of JNovember, 1854. The governor divided the Territory
into seventeen election districts, appointed judges, and prescribed pro-
per rules for the election. In the first, third, eighth, ninth, tenth,

(1) Jourdan Davidson, J. C. Prince, John Scott, J. H. Stringfellow.

(2) W. P. Richardson. (3) J. C. Prince

4: KANSAS AFFAIRS,

twelfth, thirteenth, and seventeenth districts there appears to have
been but little if any fraudulent voting.

The election in the 2d district was held at the village of Douglas ?
near fifty miles from the Missouri line. On the day before the elec-
tion 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 selected by the crowd ; all then voted. In order to
make a pretence of right to vote, some persons of the company kept a
pretended register of squatter claims, on which any one could enter
his name, and then assert he had a claim in the Territory. A citizen
of the district, who was himself a candidate for delegate to Congress,
was told by one of the strangers that he would be abused, and proba-
bly killed, if he challenged a vote. (4) He was seized by the collar,
called a damned abolitionist, and was compelled to seek protection in
the room with the judges. About the time the polls were closed these
strangers mounted their horses and got into their wagons and cried
out, " All aboard for Westport and Kansas City." A number were
recognised as residents of Missouri, and among them was Samuel H.
Woodson, a leading lawyer of Independence. Of those whose names
are 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
forty miles from the Missouri State line. It was a thinly settled re-
gion, containing but forty-seven voters in February, 1855, when the
census was taken. On the day before the election, from one hundred
to one hundred and fifty citizens of Cass and Jackson counties, Mis-
souri, 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 the sword. (5) 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 voted. One of their party got drunk, and to
get rivl of Dr. Chapman, a judge of the election, they sent for him to
come and see a sick man, and, in his absence, 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 recognised as
such by others. They declared that they were bound to make Kansas
a slave State. They insisted upon their right to vote in the Territory
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 resided
in the Territory, and 131 were non-residents. (6)

But few settlers attended the election in the fifth district, the district

(4) John A. Wakefield.

(5) Peter Bassinger.

(6) Thomas Hopkins, Keuben Hackett, Perry Fuller, John F. Lucas.

KANSAS AFFAIRS. 5

being large and the settlements scattered. Eighty-two votes were cast;
of these between 20 and 30 were settlers, (7) and the residue were
citizens of Missouri. They passed into the Territory by way of the
Santa Fe road, and by the residence of Dr. Westfall, who then lived on
the western line of Missouri. (8) Some little excitement arose at the
polls as to the legality of their voting ; but they did vote for Gen.
Whitfield, and said they intended to make Kansas a slave State, and
that they had claims in the Territory. Judge Teagle, judge of the
court in Jackson county, Missouri, was present, but did not vote. (9)
He said he did not intend voting, 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 county, and the counties in Missouri
south of it, went into the Territory, travelling 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 as chose voted. There were but few resident voters at
the polls. The settlement was sparse ; about 25 actual settlers voted
out of 105 votes cast, leaving 80 illegal votes. (10) 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 seventh district. It is a remote settlement,
about seventy-five miles from the Missouri line, and contained, in
February, A. D. 1855, three months afterwards, when the census was
taken, but 53 voters ; and yet the poll-books show that 604 votes were
cast. The election was held at the house of Frey McGee, at a place
called "110." But few of the actual settlers were present at the
polls. (11) A witness, who formerly resided in Jackson county, Mis-
souri, and was well acquainted with the citizens of that county, (12)
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, intending
to vote for Flennigan; but his ticket being of a different color from
the rest, his vote was challenged by Frey McGee, who had been
appointed one of the judges, but did not serve. Lernuel Kalston, a
citizen of Missouri, was acting in his place. The witness then chal-
lenged 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
might have led to a fight if he challenged any more votes. Both
voted; and he then went down to their camp. He there saw many oj

(7) James W. Wilson.

(8) Dr. B. C. Westfall.

(9) J. W. Wilson.

(10) J. C. Prince.

(11) Matthias A. Iteed.

(12) William F. Johnstone.

KANSAS AFFAIRS.

who did not know him said, " There'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 Gen. Whitfield, cried out, " He is a damned abolition-
ist let him down ;" and they dropped him. (20) Others were passed
to the polls in the same way, and others crowded up in the best way
they could. After this mockery of an election was over the non-resi-
dents returned to their homes in Missouri. . Of the 312 votes cast, not
over 150 were by legal voters.

The following abstract exhibits the whole number of votes at this
election for each candidate, the number of legal and illegal votes cast
in each district, and the number of legal voters in each district in
February following.

Abstract of census and election of November 29, 1854.

Districts.

'Place of voting.

Whitfield.

Wakefield.

Flenniken.

Scattering.

E m .

> 3

tk. w
a

Legal votes.

Illegal votes.

First.

46
235
40
140
63
105
597
16
9
2
237
31
69
130
267
232
49

188
20

51
6
7
21
15

300
261
47
161
82
105
604
16
40
37
245
41
71
153
306
312
62

369
199
101

47
442
253
53
39
36
63
24
78
96
334
308
385
50
28

300
35

47
30
30
25
20
16
40
37
7
41
71
103
100
150
62

Douglas

226

Third

Stinson's

Fourth

21
4

131
52
80

584

'238

'"56
206
162

Fifth

H. Sherman's

Sixth

Fort Scott ' ...

" 110"

Eighth

Council Grove

Ninth '

31
29
3

Tenth

JEleventh
Twelfth

Marysville

9
1

Thirteenth
Fourteenth

Fifteenth

1
23
39
80
13

Harding's

Seventeenth

Shawnee Agency

Total

2,258

248

305

2,833

2,905

1,114

1,729

Thus your committee find that in this, the first election in the
Territory, a very large majority of the votes were cast by citizens of
the State of Missouri, in violation of the organic law of the Territory.
Of the legal votes cast, General Whitfield received a plurality. The
settlers took but little interest 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 or slave institutions
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 avowed purpose of extending slavery into
the Territory, even though it did not change the result of the election,

(20) John A. Landis.

KANSAS AFFAIRS.

was a crime of great magnitude. Its immediate effect was to further
excite the people of the northern States, and exasperate the actual
settlers against their neighbors in Missouri.

In January and February, A. D. 1855,, the governor caused an
enumeration to be taken of the inhabitants and qualified voters in the
Territory, an abstract of which is here given.

By whom taken.

Districts.

C. W. Babcock

1st district

623

339

369

459

887

962

O. H. Brown

2d... do

316

203

199

237

506

519

T. W. Hayes

3d .... do

161

101

112

215

25J

O. B. Donaldson

4th.... do

106

169

177

Wm. Barbee
Do

5th. ...do
6th do

824
492

583
318

442
253

724

418

1,385
791

27
11

26
H

!,/
fJlfo

J. B. McClure

7th. ...do

117

118

8th .... do

M. F. Conway

9th... do

10th. do

108

151

B. H. Twombly. ...

llth. do

1 24

12th. !!do

104

109

144

H. B. Jolly

13th. ..do

168

116

145

273

284

Albert Weed. ..

14th. do

655

512

334

301

1,167

H. B. Jolly

15th. ..do

492

381

308

448

846

873

Chas. Leib

16th. ..do

708

475

385

514

1,042

104

1,183

Alex. O. Johnson . . .

17th. ..do

143

15)

B. H. Twombly

18th do

Total

5,128

3,383

2,905

3,469

7,161

408

151

192

8,601

ELECTION OF MARCH 30, 1855.

On the same day that the census was completed, the governor issued
his proclamation for an election to be held on the 30th of March, A.
D. 1855, for members of the legislative assembly of the Territory. It
prescribed the boundaries of districts, the places for polls, the names
of judges, the apportionment of members, and recited the qualification
of voters. If it had been observed, a just and fair election would have
reflected the will of the people of the Territory. Before the election,
false and inflammatory rumors were busily circulated among the people
of western Missouri. The number and character of the emigration
then passing into the Territory were grossly exaggerated and mis-
represented. Through the active exertions of many of its leading
citizens, aided by the secret society before referred to, the passions
and prejudices of the people of that State were greatly excited. ^Sev-
eral residents there have testified to the character of the reports circu-
lated among and credited by the people. These efforts were successful.
By an organized movement, which extended from Andrew county in
the north, to Jasper county in the south, and as far eastward as
Boone and Cole counties, Missouri, companies of men^were arrange
in irregular parties and sent into every council district in the Territory,
and into every representative district but one. The numbers were so
distributed as to control the election in each district. They went to
vote, and with the avowed design to make Kansas a slave (State,
They were generally armed and equipped, carried with them tneir

10 KANSAS AFFAIRS.

own provisions and tents, and so marched into the Territory. The
details of this invasion form the mass of the testimony taken by your
committee, and is so voluminous that we can here state but the leading
facts elicited.

FIRST DISTRICT. Lawrence.

The company of persons who marched into this district was collected
in Ray, Howard, Carroll, Boone, Lafayette, Randolph, Macon, Clay,
Jackson, Saline, and Cass counties, in the State of Missouri. Their
expenses were paid ; those who could not come, contributing provi-
sions, wagons, &c.(l) Provisions were deposited for those who
were expected to come to Lawrence, in the house of William Lykins,
and were distributed among the Missourians after they arrived there. (2)
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 100) and on horse-
back, under the command of Col. Samuel Young, of Boone county,
Missouri, and Claiborne F. Jackson, of Missouri. They were armed
with guns, rifles, pistols, and bowie-knives ; and had tents, music,
and flags with them. (3) They brought with them two pieces of
artillery, (4) loaded with musket-balls. (5) On their way to Law-
rence some of them met Mr. N. B. Blanton, who had been ap-
pointed one of the judges of election by Gov. Reeder, and, after
learning from him that he considered it his duty to demand an oath
from them as to their place of residence, first attempted to bribe him,
and then threatened him with hanging, in order to induce him to dis-
pense with that oath. In consequence of these threats he did not
appear at the polls the next morning to act as judge. (6)

The evening before the election, while in camp, the Missourians
were called together at the tent of Captain Claiborne F. Jackson, and
speeches were made to them by Col. Young and others, calling for
volunteers to go to other districts where there were not Missourians
enough to control the election, as there were more at Lawrence than
were needed there. (7) Many volunteered to go, and on the morn-
ing of the election several companies, from 150 to 200 each, went off
to Tecumseh, Hickory Point, Bloomington, and other places. (8) On
the morning of the election the Missourians came over to the place of
voting from their camp, in bodies of 100 at a time. (9) Mr. Blanton

(1) F. P. Vaughan, Jourdan Davidson.

(2) Wm. Yates, C. W. Babcock, Dr. John Doy.

(3) E. D. Ladd, Norman Allen, William Yates, Wm. B. Hornsby, G. W. Deitzler, C.
W. Babcock, Lyman Allen, S. N. Wood, E. Chapman, Robert Elliot, N. B. Blanton,
Jourdan Davidson, Wm. Lyon, J. B. Abbot, J. W. Ackley, Dr. John Doy, A. B. Wade,
John M. Banks, H. W. Buckley.

(4) E. Chapman, Jourdan Davidson.

(5) E. Chapman.

(6) N. B. Blanton.

(7.) Norman Allen, J. Davidson.

(8) N. Allen, Wm. Gates, W. B. Homsby, C. W. Babcock, S. N. Wood, J. Davidson,
A- B. Wade,
(ft) E. D. Ladd.

KANSAS AFFAIRS. J]

not appearing, another judge was appointed in his place ; Col Young
claiming that, as the people of the Territory had two judges it
was nothing more than right that the Missourians should have 'the
other one to look after their interests ;(10) 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. (11)

The Missourians brought their tickets with them ; (12) but not
having enough, they had 300 more printed in Lawrence on the even-
ing before and on the day of election. (13) 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. Before it was decided, Col. Samuel
Young stepped up to the window where the votes were received, and
said he would settle the matter. The vote of Mr. Page was with-
drawn, and Col. Young offered to vote. He refused to take the oath
prescribed by the governor, but swore he was a resident of the Terri-
tory ; upon which his vote was received. (15) He told Mr. Abbot,
one of the judges, when asked if he intended to make Kansas his
future home, that it was none of his business ; that if he were a resi-
dent then, he should ask no more. (16) After his vote was received,
Col. Young got up on the window-sill, and announced to the crowd
that he had been permitted to vote, and they could all come up and
vote. (17) He told the judges that there was no use in swearing the
others, as they would all swear as he had done. (18) After the other
judges had concluded to receive Col. Young's vote, Mr. Abbot re-
signed as judge of election, and Mr. Benjamin was elected in his
place. (19)

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 being
held, and pass out over the house. (20) Afterwards, a passage-way
through the crowd was made by two lines of men being formed, through
which the voters could get up to the polls. (21) Col. Young asked
that the old men be allowed to go up first and vote, as they were tired
with the travelling, and wanted to get back to camp. (22)

The Missourians sometimes came up to the polls in procession, two
by two, and voted. (23)

During the day the Missourians drove off the ground some of the

(10) S. N. Wood.

(11) R. A. Cummins, Norman Allen, S. N. Wood, C. S. Pratt, J. B. Abbot.

(12) C. W. Babcock, Eobert Elliot.

(13) Eobert Elliot.

(14) G. W. Deitzler.

(15) E. D. Ladd, Norman Allen, S. W. Ward, C. S. Pratt, J. B. Abbot.

(16) Norman Allen, J. B. Abbot.

(17) E. D. Ladd, Norman Allen, S. N. Wood, C S. Pratt, J. B. Abbot.

(18) C. W. Babcock, J. B. Abbot.

(19) C. W. Babcock, S. N. Wood, C. S. Pratt, J. B. Abbot.

(20) E. D. Ladd, Norman Allen, C. W. Babcock, Lyman Allen, J. M. Banks.

(21) E. D. Ladd, Norman Allen, Lyman Alien,.

(22) Lyman Allen, E. D. Ladd.

(23) E. D. Ladd, Ira W. Ackley.

12 KANSAS AFFAIRS.

citizens Mr. Stearns, Mr. Bond, and Mr. Willis. (24) They threat-
ened 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 hank of the river and made his escape. (25) The citi-
zens of the town went over in a body late in the afternoon, when the
polls had become comparatively clear, and voted. (26)

Before the voting had commenced, the Missourians said if the judges
appointed by the governor did not receive their votes they would choose
other judges. (27) Some of them voted several times, changing their
hats or coats and coming up to the window again. (28) They said they
intended to vote first, and after they had got through 1he others could
vote. (29) Some of them claimed a right to vote under the organic act,
from the fact that their mere presence in the Territory constituted them
residents, though they were from Missouri, and had homes in Mis-
souri. (30) 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. (31)

They said they came to the Territory to elect a legislature to suit
themselves, as the people of the Territory and persons from the East
and the North wanted to elect a legislature that would not suit
them. (32) 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. (33) Some claimed that they had heard that the Emi-
grant Aid Society had sent men out to be at the election, and they
came to offset their votes ; but the most of -them made no such claim.
Col. Young said he wanted the citizens to vote, in order to give the
election some show of fairness. (34)

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 any how. (35) They said each one
of them was prepared for eight rounds without loading, and would
go to the ninth round with the butcher-knife. (36) Some of them said
that by voting in the Territory they would deprive themselves of the
right to vote in Missouri for twelve months afterwards. (37)

The Missourians began to leave the afternoon of the day of election,
though some did not go home until the next morning. (38) In many

(24) E. D. Ladd, C. W. Babcock, Lyman Allen, S. N. Wood, N. B. Blanton, John Doy,
J. Davidson, Charles Robinson.

(25) E. D. Ladd, C. W. Babcock, Lyman Allen, S. N. Wood, N. B. Blanton, J. David-
son, Dr John Doy.

(26) E. D. Ladd, C. Robinson, A. B. Wade, J. Whitlock, J. M. Banks, H. W. Buckley.

(27) G. W. Deitzler.

(28) S. N. Wood, Ira W. Ackley.

(29) J. Davidson.

(30) E. D. Ladd, Norman Allen, Lyman Allen.

(31) W. B. Hornsby, C. W. Babcock, C. Robinson.

(32) William Yates, Thomas Hopkins, Ira W. Ackley.
(33) Lyman Allen, J. Davidson.

(34) Norman Allen.

(35) Norman Allen, Lyman Allen, C. W. Babcock, S. N. Wood, E. Chapman, Thomas
Hopkins.

(36) Jourdan Davidson.

(37) J. B. Abbot.

(38) E. D. Ladd, Norman Allen, William Yates, W. B. Hornsby, G. W. Deitzler, C. W.
Babcock, C. Robinson, E. Chapman, Lyman Allen, Jourdan Davidson.

KANSAS AFFAIES. 13

cases, when a wagon-load voted they immediately started for home. (39)
On their way home they said that if Governor Keeder did not sanc-
tion the election they would hang him. (40)

The citizens of the town of Lawrence, as a general thing,, were not
armed on the day of election, though some had revolvers, but not ex-
posed as were the arms of the Missourians. (41) 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. (42)

The pro-slavery men of the district attended the nominating con
ventions of the free-State men, and voted for, and secured the nomina-
tions of, the men they considered the most obnoxious to the free-State
party, in order to cause dissension in that party. (43)

Quite a number of settlers came into the district before the day of
election, and after the census was taken. (44) According to the cen-
sus returns, there were then in the district 369 legal voters. Of
those whose names are on the census returns, 1*77 are to be found on
the poll-books of the 30th of March, 1855. Messrs. Ladd, Babcock,
and Pratt testify to fifty-five 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 number of persons came into the Territory in
March before the election, from the northern and eastern States, in-
tending to settle, who were in Lawrence 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 its
political condition, and in the price and demand for labor, and re-
turned. Whether any such voted at the election, is not clearly
shown ; but from the proof, it is probable that in the latter part of the
day, after the great body of Missourians had voted, some did go to the
polls. The number was not over fifty. These voted the free-State
ticket. The whole number of names appearing upon the poll-lists is
1,034. After full examination, we are satisfied that not over 232 of
these were legal voters, and 802 were non-residents and illegal voters.
This district is strongly 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 majorities if none but the actual
settlers had voted. At the preceding election, in November, 1854,
where none but legal votes were polled, General Whitfield, who re-
ceived the full strength of the pro-slavery party, (45) got but forty-
six votes.

SECOND DISTRICT. Bloomington.

On the morning of election the judges appointed by the governoi
appeared and opened the polls. Their names were Harrison Burson,

(39) S. N. Wood.

(40) Ganis Jenkins.

(41) E. D. Ladd.

(42) E. D. Ladd.

(43) A. B. Wade. ... ,

(44) E. D. Ladd, Norman Allen, C. W. Babcock, Charles Robinson, Lyman Alien, J.
M. Brooks.

(45) James Whitlock.

14 KANSAS AFFAIRS.

Nathaniel Kamsay, and Mr. Ellison. The Missourians began to
come in early in the morning, some 500 or 600 of them in wagons
and carriages, and on horseback, under the lead of Samuel J. Jones,
then postmaster of Westport, Missouri ; Claiborne F. Jackson and
Mr. Steeley, of Independence, Missouri. They were armed with double-
barreled guns, rifles, bowie-knives, and pistols, and had flags hoist-
ed. (1) They held a sort of an informal election off at one side, at
first for governor of Kansas Territory, and shortly afterwards an-
nounced Thomas Johnson, of Shawnee Mission, elected governor. (2)
The polls had been opened but a short time, when Mr. Jones march-
ed with the crowd up to the window and demanded that they should
be allowed to vote, without swearing as to their residence. (3) After
some noisy and threatening talk, Claiborne F. Jackson addressed the
crowd, saying they had come there to vote; that they had a right to
vote if they had been there but five minutes, and he was not willing to
go home without voting ; which was received with cheers. (4) Jackson
then called upon them to form into little bands of 15 or 20, which they
did, (5) and went to an ox wagon filled with guns, which were distributed
among them (6) and proceeded to load some of them on the ground. (7)
In pursuance of Jackson's request, they tied white tape or ribbons
in their button-holes, so as to distinguish them from the " abolition-
ists. "(8) They again demanded 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. (9) Some one on the outside cried out to them not to shoot, as
there were pro-slavery men in the house with the judges. (10) They
then put a pry under the corner of the house, which was a log-house,
and lifted it up a few inches and let it fall again, (11) but desisted
upon being told there were pro-slavery men in the house. During
this time the crowd repeatedly demanded to be allowed to vote with-
out being sworn, and Mr. Ellison, one of the judges, expressed him-
self willing, but the other two judges refused ;(12) thereupon a body
of men, headed by sheriff Jones, rushed into the judge's room with
cocked pistols and drawn bowie-knives in their hands, and approach-
ed Burson and Kamsay. (13) Jones pulled out his watch and said he
would give them five minntes to resign in, or die. (14) When the
five minutes had expired and the judges did not resign, Jones said he

(1) II. Burson, N. Ramsay, James M. Dunn, Andrew White, Dr. E. G. Macey, H. Muzzy,
Wm. Jessee, John A. Wakefield.

(2) E. G. Macey.

(3) H. Burson, N. Ramsay, J. M. Dunn, A. White, E. G. Macey, H. Muzzy, Wm. Jessee,
John A. Wakefield.

(4) J. M. Dunn, A. White, E. G. Macey, J. A. Wakefi eld.

(5) E. G. Macey, J. A. Wakefield.

(6) J. M. Dunn, J. C. Dunn, A. White.

(7) E. G. Macey.

(8) J. M. Dunn, J. N. Mace, A. White, E. G. Macey, J. A. Wakefield.

(9) H. Burson, N. Ramsay.

(10) J. C. Dunn.

(11) H. Burson, N. Ramsay, J. N. Mace, J, C. Dunn, A. White, E. G. Macey, H. Muzzy,
S. Jones, J A. Wakefield.

(12) J. C. Dunn.

(13) Harrison Burson, N. Ramsay.

(14) H. Burson, N. Ramsay, J. C. Dunn, H. Muzzy, Wm. Jessee.

KANSAS AFFAIRS. 15

would give them another minute and no more. (15) Ellison told his
associates that if they did not resign there would he one hundred shots
fired in the room in less than fifteen minutes, (16) and then snatching
up the hallot-hox ran out into the crowd, holding up the ballot-hox
and hurrahing for Missouri. (17) Ahout that time Burson and Ramsay
were called out hy their friends, and not suffered to return. (18) As
Mr. Burson went out he put the hallot poll-books in his pocket and
took them with him, (19) and as he was going out Jones snatched
some papers away from him, (20) and shortly afterwards came out
himself, holding them up, crying, " Hurrah for Missouri ! "(21) After
he discovered they were not the poll-hooks, he took a party of men
with him and started off to take the poll-pooks from Burson. (22)
When Mr. Burson saw them coming, he gave the hooks to Mr. Um-
berger and told him to start off in another direction, so as to mislead
Jones and his party. (23) Jones and his party 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. (24) After Jones and
kis party had taken Umberger back, they went to the house of Mr.
Eamsay and took Judge John A. Wakefield prisoner, and carried
him to the place of election, (25) and made him get up on a wagon
and there make a speech ; after which they put a white ribbon in his
button-hole and let him go. (26) They then chose two new judges
and proceeded with the election. (2 7) They also threatened to kill the
judges if they did not receive their votes without swearing them, or
else resign. (28) They said no man should vote who would submit to
be sworn ; that they would kill any man who would offer to do so.
" Shoot him;" "Cut his guts out," &c.(29) They said no man
should vote this day unless he voted an open ticket, and was all right
on the goose ; (30) and that if they could not vote by fair means,
they would by foul means. (31) 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. (32) Some of the citizens who
were about the window, but had not voted when the crowd of Missou-
rians marched up there, upon attempting to vote were driven back

(15) H. Burson, N. Kamsay, H. Muzzy.

(16) H. Burson, N. Kamsay, J. W. Mace, H. Muzzy, W. Jessee, S. Jones, J. A. Wahe-
field.

(17) H. Burson, J. C. Dunn.

(18) H. Burson, N. Eamsay, J. C. Dunn, A. White, H. Muzzy, Win. Jessee.

(19) H. Burson, J. C. Dunn.

(20) H. Burson.

(21) H. Burson, J. M. Dunn, E. G. Macey, Wm. Jessee.

(22) H. Burson, N. Ramsay.

(23) II. Burson, A. White, G. W. Umherger, Wm. Jessee.

(24) H. Burson, N. Ramsay, A. White, E. G. Macey, G. W. Umherger, Wm. Jessee, J.
A. Wakefield.

(25) N. Ramsay, J. M. Dunn, A. White, E. G. Macey, G. W. Umberger, Wm. Jessee,
J. A. Wakefield.

(26) E. G. Macey, G. W. Umherger, J. A. Wakefield.

(27) T. Lahy.

(28) J. C. Dunn, Wm. Jessee, S. Jones.

(29) H. Burson, N. Ramsay, J. M. Dunn, J. N. Mace, A. White, E. G. Macey, W. Jea

(30) N. Ramsay.

(31) H. Burson, N. Ramsay, J. M. Dunn.

(32) J. M. Dunn.

16 KANSAS AFFAIRS.

by the mob,, or driven off. (33) One of them, Mr. I. M. Mace " r :*t
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 damned nigger-thief," "cut his
throat," "tear his heart out," &c. After they got him to the out-
side of the crowd, they stood around him with cocked revolvers and
drawn bowie-knives ; one man putting a knife to his breast so that it
touched him ; another holding a cocked pistol to his ear, while another
struck at him with a club. (34)

The Missourians said they had a right to vote, if they had been in
the Territory but five minutes. (85) Some said they had been hired
to come there and vote, and got a dollar a day, and by God they would
vote or die there. (36.)

They said the 30th day of March was an important day, as Kansas
would be made a slave State on that day. (37) They began to leave in
the direction of Missouri in the afternoon, after they had voted, (38)
leaving some thirty or forty around the house where the election was
held, to guard the polls till after the election was over. (39) The
citizens of the Territory were not armed, except those who took part
in the mob, (40) and a large portion of them did not vote. (41) Three
hundred and forty-one votes were polled there that day, of which but
some thirty were citizens. (42) A protest against the election was got
up and sent to the governor. (43) The returns of the election made to
the governor were lost by the committee of elections of the legislature
at Pawnee. (44)

The duplicate returns left in the ballot-box were taken by F. E.
Lahy, one of the judges elected by the Missourians, and were either
lost or destroyed in his house, (45) so that your committee have been
unable to institute a comparison between the poll-lists and census
returns of this district. The testimony is uniform, that not over
thirty 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 DISTRICT. Tecumseh.

On the 28th of March, persons from Clay, Jackson and Howard
counties, Missouri, began to come into Tecumseh in wagons, carriages,
and on horseback, armed with guns, bowie-knives and revolvers, and
with tents, and camped close by the town, and continued coming in

(33) H. Burson, N. Ramsay, Wm. Jessee, I. N. Mace.

(34) I. N. Mace, H. Muzzy.

(35) J. M. Dunn, A. White, E. G. Macey, J. A. Wakefield.

(36) J. M. Dunn, J. C. Dunn, A. White.

(37) N. Ramsay.

(38) J. C. Dunn, A. White.

(39) A. White.

(40) H. Burson.

(41) II. Burson, I. N. Mace, H. Muzzy, Wm. Jessee, J. A. Wakefield.

(42) H. Burson.

(43) S. Jones, J. A. Wakefield.

(44) Daniel Woodson.

(45) F. E..Lahy.

KANSAS AFFAIRS. 17

and camping until the day of election. (1) The night hefore the
election, 200 men were sent for from the camp of the Missourians at
Lawrence. (2) On the morning of the election, hefore the polls were
opened, some 300 or 400 Missourians and others collected in the yard
ahout the house of Thomas Stinson, where the election was to he held,
armed with howie-knives, revolvers, and clubs. (3) They said they
came to vote and whip the damned Yankees, and would vote without
being sworn. (4) Some said they came to have a fight, and wanted
one. (5)

Colonel Samuel H. Woodson, of Independence, Missouri, was in the
room of the judges when they arrived, preparing poll-books and tally -
lists, and remained there during the attempts to organize. (6) The room
of the judges was also rilled by many of these strangers. (7) The
judges could not agree concerning the oath to be taken by themselves,
and the oath to be administered by the voters ; Mr. Burgess desiring
to administer the oath prescribed by the governor, and the other two
judges opposing it. (8) During the discussion between the judges,
which lasted for some time, the crowd outside became excited and
noisy, threatening and cursing Mr. Burgess, the free-State judge. (9)
Persons were sent at different times by the crowd outside into the
room where the judges were with threatening messages, especially
against Mr. Burgess, and at last ten minutes were given them to or-
ganize in or 1'eave ; 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. (10) At the end of that time the judges,
not being able to organize, left the room, and the crowd proceeded to
elect new judges and carry on the election. (11)

The free-State men generally left the ground without voting,
stating that there was no use in their voting there. (12) The polls
were so crowded during the first part of the day that the citizens
could not get up to the window to vote (13) Threats were made
against the free-State men. (14) In the afternoon the Rev. Mr. Gril-
patrick was attacked and driven off by the mob. (15) A man, by some
called "Texas," made a speech to the crowd, urging them to vote,
and to 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. (16)

(1) W. A. M. Vaughan, M. J. Mitchell, John Long.

(2) H. B. Burgess.

(3) Rev. H. B. Burgess, Charles Jourdan, James Hickey, Lewis 0. Wilmarth, D. H*
Home, J. M. Merriam, W. R. Boggs, W. A. M. Vaughan.

(4) John Long, L. 0. Wilmarth, George Holmes.

(5) L. 0. Wilmarth.

(G) Rev. H. B. Burgess, John Long, George Holmes. *

(7) H. B. Burgess.

(8) H. B. Burgess, George Holmes.

(9) H. B. Burgess, John Long, D. H. Home.

(10) H. B. Burgees, Charles Jourdan, D. H. Home.

(11) H. B. Burgess, Charles Jourdan, J. M. Merriam, George Holmes.

(12) H. B. Burgess, C. Jourdan, J. M. Merrian.

(13) L. 0. Wilmarth.
fl4) C. Jourdan.

(15) John Long.

(16) Charles Jourdan, James Hickey, D. H. Home.

H. Bep. 200 2

18 KANSAS AFFAIRS.

For making an affidavit in a protest against this election, setting
forth the facts, Mr. Burgess was indicted by the grand jury for per-
jury ; which indictment was found more than fifteen months ago, and
is still pending, Mr. Burgess never having been informed who his
accuser was, or what was the testimony against him. (17)

A large majority, four to one, of the actual settlers of that district
were free-State men, (18) and there cannot be the least doubt that if
none but the actual settlers of the district had voted at that election
the free-State candidates would have been elected. The number of
legal voters in the district, according to the census returns, were 101.
The total number of votes cast were 372, and of these but 32 are on
the census returns ; and, from the testimony and records, we are
satisfied that not over forty legal votes were cast at that election.

FOURTH DISTRICT.

A body of armed Missourians came into the district previous to the
election, and camped there. (1) Before the time arrived for opening
the polls, the Missourians went to another than the house 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. (2) The Missourians said that none but pro-slavery
men should vote, and threatened to shoot any free-State men who
would come up to vote. (3) Mr. Mockbee, one of the judges elected by
the Missourians, had a store near tte boundary fixed by the proclama-
tion of the governor, while he cultivated a farm in Missouri, where his
family lived, (4) and while his legal residence is there, and is now.

The Missourians also held a side election for governor of the Terri-
tory, voting for Thomas Johnson, of Shawnee Mission. (5) The free-
State men finding the polls under the control of non-residents, refused
to vote and did ndt vote. (6) They constituted a decided majority of
the actual settlers. (7) A protest, signed by a majority of the residents
>f the district, was sent to the governor. (8) The whole number of voters
{im this district, according to the census returns, were 47 ; the number of
'vates cast were 80, of whom but 15 were residents. The number of resi-
... dens whose names are on the census rolls, who did not vote, were 32.

FIFTH DISTRICT.

Forborne days prior to the election, companies of men were organ-
ized in Jackson, Cass, and Clay counties, Missouri, for the purpose of

* (17) H. B. Burgess.
(18) H. B. Burgess.

(1) Perry Fuller, Peter Bassinger.

(2) Perry Fuller, Win. Moore, J. F. Javens.

(3) J. F. Javens.

(4) William Moore, J. F. Javens, Thomas Mockbee.

(5) Perry Fuller, William Moore.

(6) J. F. Javens, Thomas Mockhee.

(7) Perry Fuller, W. Moore, J. F. Javens.

(8) Perrj Fuller, J F. Javens^

KANSAS AFFAIRS. 19

coming to the Territory and voting in the fifth district. (1) The day
previous to the election, some 400 or 500 Missourians, armed with
guns, pistols, and knives, came into the Territory and camped at Bull
creek, and on the Pottawatomie creek. (2)

On the evening before the election, Judge Hamilton, of the Cass
county court, Missouri, came from i the Pottawatomie Creek camp to
Bull Creek camp for 60 more Missourians, as they had not enough
there to render the election certain, and they went down there with
him. (3)

On the evening hefore the election, Dr. B. C. Westfall was selected
to act as one of the judges of election in the Bull Creek precinct, in place
of one of the judges appointed hy the governor, who, it was said,
would not be there the next day. (4) Dr. Westfall was at that time a
citizen of Jackson county, Missouri. (5) On the morning of the elec-
tion the polls for Bull Creek precinct were opened, and, without swear-
ing the judges, they proceeded to receive the votes of all who offered
to vote. For the sake of appearances, the judges would get some one
to come to the window and offer to vote, and when asked to he sworn
he would pretend to get angry at the judges, and would go away, and
his name would be put down as having offered to vote, but " rejected,
refusing to be sworn/' This arrangement was made previously, and
was perfectly understood by the judges. (6) But few of the residents of
the district were present at the election, and only 13 voted. ("7) The
number of votes cast in the precinct was 393. One Missourian voted for
himself, and then voted for his little son but 10 or 11 years old. (8)
Colonel Coffee, Henry Younger, and Mr. Lykins, who were voted for
and elected to the legislature, were residents of Missouri at that
time. (9)

After the polls were closed the returns were made out, and a man
claiming to be a magistrate certified on them that he had sworn the
judges of election before opening the polls. (10)

In the Pottawatomie precinct the Missourians attended the election,
and after threatening Mr. Chestnut, the only judge present appointed
by the governor, to induce him to resign, they proceeded to eJect two
other judges, one a Missourian and the other a resident of another pre-
cinct of that district. The polls were then opened, and all the Mis-
sourians were allowed to vote without being sworn. After the polls
were closed, and the returns made out for the signatures of the judges,
Mr. Chestnut refused to sign them, as he did not consider them cor-
rect returns of legal voters. Colonel Coffee, a resident of Missouri, but
elected to the Kansas legislature from that district at that election,
endeavored, with others, to induce Mr. Chestnut by threats to sign the
. .

(1) Dr. B. C. Westfall, Joseph M. Gearhart.

(2) Dr. B. C. Westfall, Jesse W. Wilson, J. M. Gearhart.

(3) Dr. B C. Westfall.

(4) Dr. B. C. Westfall.

(5) Dr. B. C. Westfall, J. W. Wilson.
(6)Di. B. C. Westfall.

(7) J. W. Wilson.

(8) Dr. B. C. Westfall.

(9) Dr. B. C. Westfall, J. M Gearhart.

(10) Dr. B. C. Westfall.

20 KANSAS AFFAIRS.

return, which he refused to do, and left the house. On his way
home he was fired at by some Missourians, though not injured. (11)
There were three illegal to one legal vote given there that day. (12)

At the Big Sugar precinct, the judges appointed by the governor
met at the time appointed, and proceeded to open the polls, after being
duly sworn. After a few votes had een received, a party of Missouri-
ans came into the yard of the house where the election was held, and
unloading a wagon filled with arms, stacked their guns in the yard,
and came up to the window and demanded to be allowed to vote. Two
of the judges decided to receive their votes; whereupon the third judge,
Mr. J. M. Arthur, resigned, and another was chosen in his place.
Col. "Xoung, a citizen of Missouri, but a candidate for and elected to
the Territorial council, was present, and voted in this precinct. He
claimed that all Missourians who were present on the day of election
were entitled to vote. But 30 or 40 of the citizens of the precinct
were present, and many of them did not vote. (13)

At the Little Sugar precinct the election seemed to have been con-
ducted fairly, and there a free-State majority was polled. (14) From
the testimony the whole district appears to have been largely free-
State ; and had none but actual settlers voted, the free-State candi-
dates would have been elected by a large majority.

From a careful examination of the testimony and the records, we
find that from 200 to 225 legal votes were polled out of 885 the total
number given in the four precincts of that district. Of the legal
votes cast the free-State candidates received 152.

SIXTH DISTRICT. Fort Scott.

A company of citizens of Missouri, mostly of Bates county, came
into this district the day before the election, some camping, and others
putting up at the public house. (1) They numbered from 100 to 200, (2)
and came in wagons and on horseback, carrying their provisions and
tents with them, and were generally, armed with pistols. They de-
clared 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 places they declared
they had voted, and gave their reasons for so doing. Mr. Anderson,
a pro-slavery candidate for the legislature, endeavored to dissuade the
non-residents from voting, because he did not wish the election con-
tested. (3) This person, however, insisted upon voting, a-nd upon his
right to vote, and did so. No one was challenged or sworn, and all
voted who desired to. Out of 350 votes cast not over 100 were legal,
and but 64 of these are found in the census taken one month before
by Mr. Barber, the candidate for council. Many of the free-State
men did not vote ; but your committee are satisfied that of the

(11) Wm. Chestnut.
(12)Wm. Chestnut.

(13) James McArthur.

(14) S. W. Bouton.
(1) John Hamilton.

f3) John Hamilton, E. B. Cook, F. B. Araatt.
($) Joseph C. Anderson.

KANSAS AFFAIRS. 21

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 the election, and
boarded at the puhlic house until the day after the election. He'then
took with him the poll-lists, and did not return to Fort Scott until
the occasion of a barhacue, 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-slavery candidate,
at the time of the election had a claim in the Territory, but his le^al
residence was not there until after the election.

SEVENTH DISTRICT.

From 200 to 300 men from the State of Missouri came, in wagons
or on horseback, to the election ground at Switzer's creek, in the
second district,, and encamped near the polls, on the day preceding the
election. They were amed with pistols and other weapons, and de-
clared their purpose to vote, in order to secure the election of pro-
slavery members. They said they were disappointed in not finding
more Yankees there, and that they had brought more men than were
necessary to counterbalance their vote. A number of them wore
badges of blu ribbon, with a motto, and the compaiiy were under the
direction of leaders. They declared their intention to conduct them-
selves peacefully, unless the residents of the Territory attempted to
stop them from voting. Two of the judges of election appointed by
Governor Eeeder 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 pre-
scribed by Governor Reeder, but made one to suit themselves. An-
drew Johnson requested the voters to swear if he had a claim in the
Territory, and if he had voted in another 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.
Stickler for council and M. W. McGee for representative ; they left
the evening of election ; some of them started on horseback for Law-
rence, as they said they could be there before night, and all returned the
way they came. The census list 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. (1) Some of the ^ residents
present at the polls did not vote, declaring it useless. Candidates de-
clined to run 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 are coming up from Missouri to vote. (2) 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. Mobillon McGee, who was de-
clared 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.

(1) James A. Stewart, M. S. Rose.

(2) W. F. Johnson.. f

22 KANSAS AFFAIRS.

EIGHTH DISTRICT.

This was attached to the seventh district for a member of the coun-
cil and a representative, and its vote was controlled by the illegal votes
cast there. The census shows 3y votes in it ; 37 votes were cast, of
whom a majority voted the free-State ticket.

NINTH DISTRICT.

Fort Kiley and Pawnee are in this district. The latter place was
selected by the governor as the temporary capital, and he designed
there to expend the sums appropriated by Congress in the construc-
tion of suitable houses for the legislature. A good deal of building
was then being done at the fort near by. For these reasons a number
of mechanics, mostly from Pennsylvania, came into the 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 reservation of Fort Riley. Some of the
inhabitants returned to the States, and some went to other points of
the Territory. Your committee find that they came as settlers, intend-
ing to remain as such, and were entitled to vote.(l.)

TENTH DISTRICT.

In this district ten persons belonging to the Wyandott tribe of
Indians voted. They were of that class who under the law were
entitled to vote, but their residence was in Wyandott village, at the
mouth of the Kansas river, and they had no right to vote in this
district. They voted the pro-slavery ticket. (2.) Eleven men, recently
from Pennsylvania, voted the free-State ticket. From the testimony,
they had not, at the time of the election, so established their residence
as to have entitled them to vote. (3.) 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 friendly.
The rejection of both would not have changed the result. This and
the eighth election district formed one representative district, and
was the only one to which the invasion from Missouri did not extend.

ELEVENTH DISTRICT.

The 9th, 10th, llth, and 12th election districts being all separately
settled, were attached together in a council district, and the llth and
12th as representative districts. This election district is sixty miles
north from Pawnee, and one hundred and fifty miles from Kansas
City. It is the northwest settlement in the Territory, and contained,
when the census was taken, but thirty-six inhabitants, of whom twen-
ty-four were voters. There was on the day of election no white set-

(1) Andrew McConnell, R. W. Wilson, A. H. Reeder,

(2) M. A. Garrett. Joseph Stewart.
(& M. J. Osborne, Isaac S. Hascall.

KANSAS AFFAIRS. 23

tlement about Marysville, the place of voting, for forty miles, except
that Marshall & Bishop kept a store and ferry at the crossing of the
Big Blue and the California road. (4) Your committee were unable
to procure witnesses from this district. 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 Lecomp-
ton, and did not appear before the committee. The returns show
that, in defiance of the governor's proclamation, the voting was
" viva voce" instead of by ballot. Three hundred and twenty-eight
names appear upon the poll-books as voting, and, by comparing these
names with those 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, (5)
but his family lived in Weston, Mo. John Donaldson, the can-
didate voted for the council, then lived in Jackson county, Mo. (6)

On the day after the election Mr. Marshall, with twenty-five or
thirty men from Weston, Mo., was on the way from Marysville to
the State. Some of the party told a witness who had formerly re-
sided at Weston, that they were up at Marysville, and carried the
day for Missouri, and that they had voted about one hundred and fifty
vdtes. Mr. Marshall paid the bill at that point for the party.

There does not appear to have been any emigration into that dis-
trict in March, 1855, after the census was taken ; and, judging from
the best test in the power of your committee, there were but seven
legal votes cast in the district, and three hundred and twenty-one
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 day of election several hundred Missourians from
Platte, Clay, Boone, Clinton, and Howard counties, came into the
district in wagons and on horseback, and camped there. (1) They
were armed with guns, revolvers, and bowie-knives, and had badges
of hemp in their button-holes and elsewhere about their persons. (2)
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 Ter-
ritory, although their families were in Missouri. (3)

The judges appointed by the governor opened the polls, and sonn*

(4.) Augustus Baker.

(5.) Augustus Baker.

(6.) T. E. D'Avis.

(1.) T. B. Ross, W. H. Godwin, Dr. James Noble, T. A. Minard, Charles Hardn.

(2.) T. B. Ross, W. H. Godwin.

(3.) T B. Ross, Dr. J. Noble.

24 KANSAS AFFAIRS.

persons offered to vote ; and when their votes were rejected on the
ground that they were not residents of the district, the crowd threat-
ened to tear the house down if the judges did not leave. (4)

The judges then withdrew, taking the poll-books with them. (5)
The crowd then proceeded to select other persons to act as judges,
and the election went on. (6) Those persons voting who were sworn
were adked if they considered themselves residents of the district, and
if they said they did they were allowed to vote. (7) But few of the
residents were present and voted, (8) and the free-State men, as a
general thing, did not vote. (9) After the Missourians got through
voting, they returned home. (10)

A foi rnal return was made by the judges of election, setting out
the fact, but it was not verified. The number of legal voters in this
district was ninety-six, of whom a majority were* free-State men ; of
the leg<*l voters 12 voted. The total number of votes cast was 239.

FOURTEENTH DISTRICT.

It was generally rumored in the district for some days before the
election that the Missourians were coming over to vote. (1) Previous
to the election, men from Missouri came into the district and elec-
tioneered for the pro-slavery candidates,, (2) General David R. Atchi-
son and a party controlling the nominations in one of the primary
elections. (3)

Burr Oak precinct. Several hundred Missourians from Buchanan,
Platte, and Andrew counties, Missouri, including a great many of
the prominent citizens of St. Joseph's, came into this precinct the
day before and on the day of election in wagons and on horses,, and
camped there. (4) Arrangements were made for them to cross the
ferry at St. Joseph's free of expense to themselves. (5) They were
armed with bowie-knives and pistols, guns and rifles. (6) On the
morning of the election the free-State candidates resigned in a body
on account of the presence of the large number of armed Missourians,
at which the crowd cheered and hurrahed. (7) General B. F. String-
fellow was present and was prominent in promoting the election of
the pro-slavery ticket, as was also the Hon. Willard P. Hall and

(4.) T B. Ross, Charles Hardh, N. B. Sharp.
(5.) T. B. Ross, C. Hardh.

(6.) T. B. Ross, W. H. Godwin. Dr. J. Noble, R. Chandler, T. A. Minard, C. Hardh,
G. M. Dyer, 0. B. Tebbs.
(7.) R. Chandler.
(8.) T B. Ross, Dr. J. Noble.

(9) T. B. Ross, Dr. J. Noble, R. Chandler, C. Hardh, O. B. Tebbs.

(10) T. B. Ross, Dr. J. Noble.

(1) Benj. Harding, John H. Whitehead, Alfred Larzelier.

(2) Benj. Harding. Willard P. Hall, Dr. G. A. Cutler.

(3) Dr. G. A. Cutler.

(4) A. A. Jamieson, W. P. Richardson, Benj. Harding, J. H. Whitehead, J. R. Carter,
A. Larzelier, Willard P. Hall. B. H. Brock, C. W. Stewart, A. M. Mitchell, H. S. Creel.
G. W. Gillespie.

(5) L. Dillon, G. W. Gillespie.

(6) A. A. Jamieson, Willard P. Hall, C. W. Stewart.

(7) A. A. Jamieson, W. P. Richardson, Benj. Harding,' J. H. Whitehead, A. Larzelier,
W. P. Hall, T. P. Blair.

KANSAS AFFAIRS. 25

others of the most prominent citizens of St. Joseph's, Missouri. (8)
But one of the judges of election appointed by the governor served on
rthat day, and the crowd chose two others to supply the vacancies. (9)
The Missourians said they came there to vote for and carry the
election for Major W. P. Richardson. (10) Major Richardson, elected
to the council, had had a farm in Missouri, where his wife and daugh-
ter lived with his son-in-law, Willard P. Hall, he himself generally
going home to Missouri every Saturday night. The farm was gen-
erally known as the Richardson farm. He had a claim in the Terri-
tory upon which was a saw-mill, and where he generally remained
during the week. (11.) Some of the Missourians gave as their reason
for voting that they had heard that eastern emigrants were to he at
.that election, (12) though no eastern emigrants were there. (13) Oth-
ers said they were going to vote for the purpose of making Kansas a
filave State. (14) Some claimed that they had a right to vote under
the provisions of the Kansas-Nebraska bill, from the fact that they
r were present on the ground on the day of election. (15) The free-
State men generally did not vote, (16) and those who did vote, voted
generally for John H. Whitehead, pro-slavery, for council, against
Major W. P. Richardson, and did not vote at all for members of the
..border town. (17) The parties were pretty nearly equally divided in
the district, some being of opinion that the free-State party had a
small majority, (18) and others that the pro-slavery party had a* small
majority. (18) After the election was over and the polls were closed,
the Missourians returned home. During the day they had provisions
and liquor served out free of expense to all. (19)

Doniphan precinct. The evening before the election some 200
or more Missourians from Platte, Buchanan, Saline, and Clay
.counties, Missouri, came into this precinct, with tents, music, wagons,
and provisions, and armed with guns, rifles, pistols, and bowie-knives,
and camped about two miles from the place of voting. (20) They
said they came to vote, to make Kansas a slave State, and intended to
return to Missouri after they had voted. (21) On the morning of the
.election the judges appointed by the governor would not serve, and
others were chosen by the crowd. (22)

The Missourians were allowed to vote without being sworn, (23)

(8) A. A. Jamieson, W. P. Richardson, J. H. Whitehead, W. P. Hall.

(9) A. A. Jamieson, Benj. Harding, J. H. Whitehead, A. Larzelier, 0. Hulan.
! (10) A. A. Jamieson, W. P. Hall.

? (11) A. A. Jamieson, W. P. Richardson, W. P. Hall.

(12) W. P. Richardson, J. H. Whitehead, J. R. Carter, W. P. Hall, A. M. Mitchell, H.
S. Creel.

(13) B. Harding, J. H. Whitehead, J. R. Carter, W. P. Hall.
1 (14) W. P. Hall, H. S. Creel.

(15) B. H. Brock, C. W. Stewart, H. S. Creel.

(16) A. A. Jameison, W. P. Richardson, J. H. Whitehead, A. Larzelier, C, W. S. Creel,

(17) W. P. Richardson, C. B. Whitehead.

(18) A. A. Jamieson, B. Harding, A. Larzelier, C. W. Stewart.

(18) W. P. Richardson, J. H. Whitehead, W. P. Hall, Thomas W. Waterston, J. P Blair.

(19) W. P. Richardson, G. W. Gillespie. , . ,

(20) Richard Tuck, Eli Hamilton, John Landis, Luther Dickerson, J. W. Beattie, l>avia
Fizer.

(21) R. Tuck, L. Dickerson, J. W. Beattie.

(22) R. Tuck, E. Hamilton, J. Landis.

(23) B. Tuck, E. Hamilton, David Fizer.

26 KANSAS AFFAIRS.

some of them voting as many as eight or nine times ; changing their
hats and coats, and giving in different names each time. (24) After
they had voted, they returned to Missouri. (25) The free-State men
generally did not vote, (26) though constituting a majority in the pre-
cinct. (27) Upon counting the ballots in the "box. and the names on
the poll-lists, it was found that there were too many hallots, (27) and
one of the judges of election took out hallots enough to make the two
members correspond. (28)

Wolf River precinct. But few Missourians were present in this pre-
cinct, though some of them threatened one- of the judges because he
refused to receive their votes ; and when he resigned another was
chosen in his place, who consented to receive their votes. (29)

Protests were drawn up against the elections in the various precincts
in the 14th district, but on account of threats that greater numbers of
Missourians 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 governor ; (30) Major Richardson , the pro-slavery
candidate for council, threatening Dr. Cutler, the free-State candidate,
that if he contested the election he and his office should be put in the
Missouri river. (31) The number of voters in this district by the
census was 334 ; of these 124 voted. The testimony shows that quite
a number of persons whose legal residence was in the popular county
of Buchanan, Missouri, on the opposite side of the river, had claims
in the Territory. Some ranged cattle, and others marked out their
claim and built a cabin, and sold this incipient title when they could.
They were not residents of the Territory in any just or legal sense.
A number of settlers removed into the district in the month of March.
Your committee are satisfied, after a careful analysis of the records
and testimony, that the number of legal votes cast did not exced 200
out of 727.

FIFTEENTH DISTRICT.

The election in this district was held at the house of Mr. Hayes.
On the day of election a crowd of from 400 to 500 men(l) collected
around the polls, of which the great body were citizens of Missouri.

One of the judges of election in his testimony(2) states that the
strangers commenced crowding around the polls, and that then the
residents left. Threats were made before and during the election
day that there should be no free-State candidates, although there were
nearly or quite as many free-State as pro-slavery men resident in the
district ; most of the crowd were drinking and carousing, cursing the
abolitionists, and threatening the only free-State judge of election. A

(24) B. Tuck.

(25) E. Tuck, E. Hamilton, J. Landis, L. Dickerson,
^(26) John Landis.

(27) R. Tuck, John Landis, E. Hamilton, J. F. Foreman.

(28) E. Hamilton.

(29) Dr. G. A. Cutler.

(30) Dr. G. A. Cutler, John Landis, A. A. Jamieson.

(31) Dr. G. A. Cutler.

(1) T. B. Crane, Joseph Potter.

(2) E. B. Zimmerman.

KANSAS AFFAIRS. 27

majority of those who voted wore hemp in their button-holes (3} and
their password was, All right on the hemp.- Many of the MiL
nans were known and are named hy the witnesses. Several speech*
were made hy them at the polls ; and among those who spoke we*
Major Oliver, one of your committee, Col. Burns, and Laban William?
of Platte county. Major Oliver urged upon all present to use no harsh
words, and expressed the hope that nothing would be said or done fc
wound the feelings of the most sensitive on the other side. He gave
some grounds, based on the Missouri compromise, in regard to the
right of voting, and was understood to excuse the Missourians for
voting. Your committee are satisfied that he did not vote. Colonel
Burns recommended all to vote. They came to vote, and he hoped
that 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, and because reflection con-
vinced them that it would be better to have Kansas a free State ther
that day " fell over the fence. "(4)

The judges required the voters to take an oath that they were actual
residents. They objected at first, some saying they had a claim,
or held a claim, or owned a claim, or " I am here ;" but the free-State
judge insisted upon the oath, and his associates, who at first were dis-
posed to waive it, coincided with him, and the voters all took it after
some grumbling. One said he cut him some poles and laid them in
the shape of a square, and that made him a claim ; and another said
that he had cut a few sticks of wood, and that made him a claim.
The free-State men did not vote, although they believed their number
to be equal to the pro-slavery settlers, and some claimed that they had
the majority. They were deterred by threats thrown out by the Mis-
sourians. before and on the day of election, from putting up candidates;
and none were run, for the reason that there was a credited rumor
prevailing that the Missourians would control the election. The free-
State judge was threatened with expulsion from the polls, and a young
man thrust a pistol into the window through which the votes were
received. The whole number of votes cast was 417 ; of the names on
the poll-book but 62 are on the census rolls, and the testimony shows
that but a small portion, estimated by a witness at one-fourth of the
legal voters, voted. Your committee estimate the number of legal
votes at 80. One of the judges refused to certify to the governor that
the election was fairly conducted. It was not contested because no
one would take the responsibility of doing it, as it was not considered
safe, and that if another election was had the residents would tare 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
the Territory and vote ;(1) and the day before and the da } M

(3) E. R. Zimmerman, Joseph Potter.

(4) E. R. Zimmerman.

(1) H. Miles Moore, A. McAuley, L. Kerr.

28 KANSAS AFFAIRS.

tion large bodies of Missourians from Platte, Clay, Bay, Chariton,
Carrol, Clinton, and Saline counties, Missouri, came into this district
and camped there. (2) They were armed with pistols, howie-knives,
and some with guns and rifles, (3) and had hadges of hemp in their
button-holes and elsewhere about their persons. (4)

On the morning of the election there were from 1,000 to 1,400 per-
sons present on the ground. (5)

Previous to the election Missourians endeavored to persuade the two
free-State judges to resign by making threats of personal violence to
them ;(6) one of whom resigned on the morning of the election, and
the crowd chose another to nil his place. (7) But one of the judges
the free-State judge would take the oath prescribed by the governor,
the other two deciding that they had no right to swear any one who
oifered to vote, but that all on the ground were entitled to vote. (8)
The only votes refused were some Delaware Indians, some thirty
Wyandott Indians being allowed to vote. (9) One of the free-State
candidates withdrew in consequence of the presence of the Missouri-
ans, amid cheering and acclamation by the mob. (10) During the
day the steamboat New Lucy came down from Weston, Missouri,
with a large number of Missourians on board, who voted, and then
returned on the boat. (11)

The Missourians gave as a reason for their coming over to vote, that
the North had tried to force emigration into the Territory, and they
wanted to counteract that movement. (12) Some of the candidates,
and many of the Missourians, took the ground that, under the Kan-
sas-Nebraska act, all who were on the ground on the day of election
were entitled to vote;(13) and others, that laying out a town and
taking a lot, or driving down stakes, even on another man's claim,
gave them a right to vote; (14) and one of the members of the coun-
cils, B. B. Bees, declared in his testimony that he who should put a
different construction upon the law must be either a knave or a fool.
The free-State men generally did not vote at that election, (15) and
no newly-arrived eastern emigrants were there. (16)

The free-State judge of election refused to sign the returns until the
words "by lawful resident" voters were stricken out, which was done,

(2) David Brown, F. A. Hart, G. F. Warren, R. R. Rees, A. Russell, P. R. Orr, L. J.
Eastin, A. Fisher, M. France, H. M. Moore.

(3) D. Brown, F. A. Hart, G. F. Warren, A. Fisher, H. M. Moore, W. G. Matthias.

(4) F. A. Hart, L. J. Eastin, M. France, W. H. Adams, H. M. Moore.

(5) F. A. Hart, T. A. Minard, G. F. Warren, R. R. Rees, A. J. Pattie, W. G. Matthias.

(6) D. Brown, M. France.

(7) D. Brown, F. A. Hart, M. France.

(8) M. France.

(9) M. France.

(10) F. A. Hart, L. J. Eastin, W. H. Adams.

(11) D. Brown, F. A. Hart, T. A. Minard, G. F. Warren, R. R. Rees, L. J. Eastin, A.
T. Kyle, D. J. Johnson, M. France, A. J. Pattie, H. M. Moore.

(12) R. R. Rees, L. J. Eastirf, W. H. Adams, H. M. Moore.

(13) D. Brown, T. C. Minard, E. F. Warren, R. R. Rees, "H. M. Moore.

(14) D. Brown, F. A. Hart.

(15) D. Brown, T. G. Minard, G. F. Warren, F. A. Hart, M. France, H. M. Moore.

(16) L. J. Eastin, M. France, W. H. Adams.

md the returns made in that way.
md a new election ordered by

KANSAS AFFAIRS. 9g

The testimony is divided as to the relative strength of D!
hstnct. The whole number of voters in the district a cordW to
;ensus returns was 385, and according to a very carefully nr
1st of voters, prepared by the pro-slavery candidates and otLr r
ilavery men afew days previous to the election, there were 305 voter's
n the district including those who had claims but did not live on
;hem.(18) The whole number of votes cast was 964 ; of those named
m the census 106 voted. Your committee, upon careful examination
re satisfied that not over 150 legal votes were cast leaving 814 ilia!
al votes.

SEVENTEENTH DISTRICT.

The election in this district seems to have been fairly conducted
md not contested at all. In this district the pro-slavery party had
the majority.

EIGHTEENTH DISTRICT.

Previous to the election Gen. David E. Atchison, of Platte City,
Missouri, ^ot up a company of Missourians, and passing through
Veston, Missouri, (1) went over into the Territory. He remained all
ight at the house of Arnett Grooms, and there exhibited his arms, of
rhich he had an abundance. He proceeded to the Nemaha or 18th
istrict.(2) On his way he and his party attended a nominating con-
"ention in the 14tH district, and proposed and caused to be nominated
. set of candidates in opposition to the wishes of the pro-slavery resi-
jlents of the district. (3) At that convention he said that there were
L,100 coming over from Platte county, and if that wasn't enough they
:ould bring 5,000 more ; that they came to vote and would vote, or
ill every G d d d abolitionist in the Territory. (4)

On the day of election the Missourians under Atchison, who were
ncamped there, came up to the polls in the 18th district and voted,
aking the oath that they were residents of the district. The Misson-
ians were all armed with pistols and bowie-knives, and said there
vere sixty in their company. (5) But seventeen of the votes given
ihere were given by citizens of the district. (6) The whole number of
rotes was sixty-two. K. L. Kirk, one of the candidates, came into
.he district from Missouri about a week before the election and board-
id there. (7) He left after the election, and was not at the time a legal
'esident of the district in which he was elected. No protest was sent

(17) L. J. Eastin, M. France, W. H. Adams.

(18) L. J. Eastin, A. McAuley.

(1) H. Miles Moore. *

(2) Dr. G. A. Cutler, Arnet Grooma.

(3) Dr. G. A. Cutler.

(4) Dr. G A. Cutler.

(5) D. H. Baker, John Belew.

(6) D. H. Baker, John Belew.

(7) jQhn Belew.

KANSAS AFFAIRS.

to the governor on account of threats made against any who should
dare to contest the election. (8)

The following tables embody the result of the examination of your
committee in regard to this election. In some of the districts it was
impossible to ascertain the precise number of legal votes cast, and es-
pecially in the 14th, 15th, and 16th districts. In such cases the num-
ber of legal and illegal votes cast is stated after a careful re-examina-
tion of all the testimony and records concerning the election.

No. 1.

Abstract of census and returns of election of March 30, 1855, ~by election

districts.

2
*

8
9

Place ef voting.

I
o

781
318
386
78
377
199
74
34
315
211
17
23
27
2
328

Free State votes.

Scattering.

o
H

Total of legal vote?.

Total of illegal votes.

CENSUS.

COUNCIL.

HOUSE

No. of voters.

f persons
sident.

B
f>

u.j aoj S9JOA IBJOJ,

JJRlp UOIJD9J9 UT

joj S910A jo -o

: : :B

tomsip 3AUt!lU9S9jdai
JOJ S910A rBJOJQ

JOUJSIp UOIJD8I9 Ul
lU9qj JOJ S9JOA JO 'O

|llllllli|:

M
o

gaAIlBJU9S9jd9.l JO '

CO Ct

snsiiao Xq SJOJOA jo -

O> i-c M

% 3 S s

101-TJSlp U01199[3 Ul

nsueio Xq SJ9JOA jo -o

: :S :

llll

5S.S:

"? KII

lapisip uopagp jo -

t- oo in m

-4 r-H r^H f-^-

jo '

''SS

KANSAS AFFAIRS.

& : :

2 S

.- n

1 1

fc -

H. Rep. 200 3

34 KANSAS AFFAIRS.

Your committee report the following facts not shown by the tables

Of the 2,905 voters named in the census rolls, 831 are found on the
poll-books. Some of the settlers were prevented from attending the
election by the distance of their homes from the polls, but the great
majority were deterred by the open avowal that large bodies of armed
Missourians would be at the polls to vote, and by the fact that they
did so appear and control the election. The same causes deterred the
free-State settlers from running candidates in several districts, and in
others induced the candidates to withdraw.

The poll-books of the 2d and 8th districts were lost, but the proof is
quite clear that in the 2d district there were thirtv, and in the 8th
district thirty-eight legal votes, making a total of eight hundred and
ninety-eight legal voters of the Territory whose names are on the
census returns. And yet the proof, in the state in which we are
obliged to present it, after excluding illegal votes, leaves the total
Tote of 1,410, showing a discrepancy of 512. The discrepancy is ac-
counted for in two ways : First, the coming in of settlers before tbe
March election, and after the census was taken, or settlers who were
omitted in the census ; or, secondly, the disturbed state of the Terri-
tory while we were investigating the elections in some of the districts,
thereby preventing us from getting testimony in relation to the names
of illegal voters at the time of election.

If the election had been confined to the actual settlers, undeterred
by the presence of non-residents, or the knowledge that they would be
present in numbers sufficient to outvote them, the testimony indicates
jfchat the council would have been composed of seven in favor of making
[Kansas a free State, elected from the 1st, 2d, 3d, 4th, and 6th council
.districts. The result in the 8th and 10th, electing three members,
would have been doubtful, and the 5th, fab, and 9th would have elect-
ed three pro-slavery members.

Under like circumstances the House of Kepresentatives would have
been composed of fourteen members in favor of making Kansas a
free State, elected from the 2d, 3d, 4th, 5th, Tth, 8th, 9th, and 10th
representative districts.

The result in the 12th and 14th representative districts, electing

* five members, would have been doubtful ; and the 1st, 6th, llth, and
15th districts would have elected seven pro-slavery members.

By the election as conducted, the pro-slavery candidates in every
district? but the 8th representative district received a majority of the
votes ; -and several of them, in both the council and house, did not
f : f reside in " and were not u inhabitants of " the district for which
they were elected, as required by the organic law.

By that act, it was declared to be " the true intent and meaning

* of this act to leave the people thereof perfectly free to form and regu?-
late their domestic institutions in their own way, subject to the consti-
tution of the United States." So careful was Congress of the right of
popular sovereignty, that to secure it to the people, without a single
petition from, any portion of the country, they removed the restric-
tion against slavery imposed by the Missouri compromise. And yet
this right, so, carefully secured, was thus by force and fraud over-
thrown by a por.iion of the people of an adjoining State

KANSAS AFFAIRS.

The striking difference between this republic and other republics
on this continent is not in the provisions of constitutions and laws
but that here changes in the administration of those laws have been
made peacefully and quietly through the ballot-box. This invasion
is the first and only one in the history of our government, by which
an organized force from one State has elected a legislature for another
State or Territory, and as such it should have been resisted by the
whole executive power of the national government.

Your committee are of the opinion, that the constitution and laws
of the United States have invested the President and the governor of
the Territory with ample power for this purpose. They could only act
after receiving authentic information of the facts ; but when received
whether before or after the certificates of election were granted, this
power should have been exercised to its fullest extent.

It is not to be tolerated that a legislative body thus selected
should assume or exercise any legislative functions ; and their enact-
ments should be regarded as null and void. Nor should the question
of its legal existence as a legislative body be determined by itself, as
that would be allowing the criminal to judge of his own crime.

In section 22d of the organic act it is provided, that "the persons
having the highest number of legal votes in each of said council dis-
tricts for members of the council, shall be declared by the governor
to be duly elected to the council, and" the persons having the highest
number of legal votes for the House of Kepresentatives shall be declared
by the governor duly elected members of said house." The procla,-
mation of the governor required a verified notice of a contest, when
one was made, to be filed with him within four days after the elec-
tion. Within that time he did not obtain information as to force or
fraud in any except the following districts ; and in these there were
material defects in the returns of election. Without deciding upon
his power to set aside elections for force and fraud, they were set aside
for the following reasons :

In the 1st district, because the words " by lawful resident voters"
were stricken from the return.

In the 2d district, because the oath was administered by G. W.
Taylor, who was not authorized to administer an oath.

In the 3d district, because material erasures from the printed form
of the oath were purposely made.

In the 4th district, for the same reason.

In the 7th district, because the judges were not sworn at all.

In the llth district, because the returns show the election to hav-e
been held viva voce instead of by ballot.

In the 16th district, because the words "by lawful residents -wei
stricken from the returns.

Although the fraud and force in other districts was equally great as
in these, yet, as the governor had no information in regard to them,
he issued certificates according to the returns.

KANSAS AFFAIRS.

ELECTION OF MAY 22, 1855.

The election to fill the vacancies caused "by the action of the gov-
ernor was held on the 22d of May, 1855. There was no illegal voting
at that election except in the 16th district, at Leavenworth. For
that district the pro-slavery party, while publicly refusing to acknowl-
edge the legality of that election, not only voted, but a large number
of the citizens of Missouri came over and voted as at the previous
election. (1) The majority of the judges decided that all that was
necessary to constitute a legal voter, was to have some one say he had
some interest in the Territory. (2) No one was sworn that day,
or even challenged. (3) The steamboat Kate Kassel came up, and
men from her came ashore arid voted. (4) Many free-State men did
not vote that day. (5) One of the free-State judges desired the words
"by lawful resident voters" to be striken out of the return before he
would sign it, (6) and only signed the return with those words in
under a misapprehension. (Y) It is impossible for your committee
accurately to decide which party would have had a majority of the
legal votes of the district, had no illegal votet been polled, on account
of the difficulty of determining who were legal and who were illegal
voters at that election.

Abstract of the returns of election of May 22, 1855.

* .
1

Place of voting.

6 >

-2
1 8

Scattering.

3
$

Lawrencee

288

306

Douglas

127

Stinson's

148

149

" 110"

Council Grove ...

Lieavenworth

500

140

715

Total

560

802

1 409

Your committee have felt it to be their duty, not only to inquire
into and collect evidence in regard to force and fraud attempted and
practised at the elections in the Territory, but also into the facts and
pretexts by which this force and fraud have been excused or justified ;
and, for this purpose, your committee have allowed the declarations

(1) Wm. H. Adams, G. H. Keller, Amos Eees.

(2) M. France, Adam Fisker.

(3) Matt. France, W. H. Adams, A. Fisher.

(4) Matt. France, W. H. Adams.

(5) M. France, A. Fisher.

(6) Matt. France, Adam Fisher.

(7) Matt. France.

KANSAS AFFAIRS.

of non-resident voters to be given a evidence in their own behalf-
also, the declarations of all who came up the Missouri river as emi'
grants, in March, 1855, whether they voted or not, and whether thev
came into the Territory at all or not, and also the rumors which were
circulated among the people of Missouri previous to the election. The
great body of the testimony taken at the instance of the sittin^ dele-
gate is of this character.

When the declarations of parties passing up the river -were offered
in evidence, your committee received them upon the distinct statement
that they would be excluded unless the persons making the declara-
tions were, by other proof, shown to have been connected with the
election. This proof was not made, and therefore much of this class
of testimony is jncompetent by the rules of law ; but, it is allowed to
remain as tending to show the cause of the action of the citizens of
Missouri. The alleged causes of the invasion of March, 1855, are
included in the following charges, viz :

1st. That the New England Emigrant Aid Society, of Boston, was
then importing into the Territory large numbers of men, merely for
the purpose of controlling the elections ; that they came without
women, children, or baggage, went into the Territory, voted, and
returned again.

2d. That men were hired in the eastern and northern 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.

3d. That the governor of the Territory purposely postponed the day
of election to allow this emigration to arrive, and notified the Emi-
grant Aid Society and persons in the eastern States of the day of
election before he gave notice to the people of Missouri and the Ter-
ritory.

That these charges were industriously circulated ; that grossly ex-
aggerated statements were made in regard to them ; that the news-
paper 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 alleged eastern paupers and abolitionists, in
fully proven by many witnesses.

But neither of these charges is sustained by the proof.

Ji April, 1854, the general assembly of Massachusetts passed an
act entitled " An act to incorporate the Massachusetts Emigrant Aid
Society/' The object of the society, as declared in the first section ot
this act, was " for the purpose of assisting emigrants to settle in the
West." The nominal capital of the corporation was not to exceej
five millions of dollars, but no more than four per cent, could
assessed during the year 1854, and no more than ten per cent, in any
one year thereafter. No organization was perfected or proct
had under this law. -.,

On the 24th day of July, 1854, certain persons in Boston. Massa-
chusetts, concluded articles of agreement and association for an ^mi-
grant Aid Society. The purpose of this association was declared to
Be, assisting emigrants to settle in the West." Under these articks

38 KANSAS AFFAIRS.

of association each stockholder was individually liable. To avoid
this difficulty an application was made to the general assembly ot
Massachusetts for an act of incorporation, which was granted. On
the 21st day of February, 1855, an act was passed to incorporate the
New England Emigrant Aid Company. The purpose of this act was
declared to be, " directing emigration westward, and aiding and provi-
ding accommodation 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 organized.

Your committee have examined some of its officers, and a portion of
its circulars and records, to ascertain what has been done by it. The
public attention at the time of its formation was directed to the Ter-
ritory of Kansas, and emigration naturally tended in that direction.
To ascertain its character and resources, this company sent its agents
into it, and the information thus obtained was published. The com-
pany made arrangements with various lines of transportation to lessen
the expense of emigration into the Territory, and procured tickets at
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 baggage was checked, and all trouble and danger of loss
to the emigrant in this way avoided. Under these arrangements
several companies went into the Territory in the fall of 1854, under
the articles of association referred to. The company did not pay any
portion of the fare, or furnish any personal or real property to the emi-
grant. The company, during 1855, sent into the Territory from
eight to ten saw-mills ; purchased one hotel in Kansas City, which they
subsequently sold ; built one hotel at Lawrence, and owned one other
building in that place. 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 other expenses incident to all organizations, was less
than one hundred thousand dollars.

Their purposes, as far as your committee can ascertain, were lawful,
and contributed to supply those wants most experienced in the settle-
ment of a new country.

The only persons who emigrated into the Territory under the au-
spices of this company in 1855, prior to the election in March, was a
party of 169 persons, who came under the charge of Charles Eobin-
son.(l)

In this party there were sixty-seven women and children. (2)
They came as actual settlers, intending to make their homes in the
Territory, and for no other purpose. (3) They had about their pei>-
sons but little baggage, usually sufficient clothing in a carpet-sack for
a short time. Their personal effects, such as clothing, furniture, &c.,
were put into trunks and boxes, and, for convenience in selecting arid

(1) Benjamin Slater, Charles Robinson.

(2) Charles Robinson.

(3) Samuel C. Smith.

KANSAS AFFAIRS. 39

care
in

cheapness in transporting, was marked " Kansas party baggage ei
of B. Slater, St. Louis." Generally this was consigned as freight .
the ordinary way, to the care of a commission merchant. This partv
had, in addition to the usual allowance of one hundred pounds to each
passenger, a large quantity of haggage, on which the respective
owners paid the usual extra freight. (4) Each passenger or party
paid his or their own expenses, and the only henefit they derived from
this society, not shared by all the people of the Territory, was the re-
duction of about seven dollars in the price of the fare, the convenience
of travelling in a company instead of alone, and the cheapness and fa-
cility of transporting their freight through regular agents. Subse-
quently 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. (5) Some few voted at the
election in Lawrence, (5) but the number was small. The names of
these emigrants have been ascertained, and thirty-seven of them are
found upon the poll-books. (5 J.) This company of peaceful emigrants,
moving with their household goods, was distorted into an invading
horde of pauper abolitionists, who were, with others of a similar
character, to control the domestic institutions of the Territory, and
then overturn those of a neighboring State.

In regard to the second charge, there is no 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
art 500 persons, including men, women, and children, (6) They came
on steamboats up the Missouri river in the ordinary course of emi-
gration. Many returned for causes similar to those before stated, but
the body of them are now residents. The only persons, of those who
were connected by proof with the election, were some who voted at
the Big Blue precinct in the 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 per-
sons engaged in taking the census, it was not completed until the
early part of March, 1855. (7) At that time the day of holding the
election had not been and could not have been named by the governor
As soon as practicable after the returns were brought in, he issued
his proclamation for an election, and named the earliest day consistent
with due notice as the day of election. The day on which the elec-
tion was to be held was a matter of conjecture all over Ue country
but it was generally known that it would be in the latter part

(4) B. Slater.

(5) Charles Robinson, Samuel C. Smith.
(5*) Anson J. Stone.

(6} W. H. Chick and J. Eiddlesbarger.
rt.) William Barbee.

40 KANSAS AFFAIRS.

March. The precise day was not known by any one until the procl


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