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In tracing, step by step, the origin and history of these Kansas difficulties, your Committee have been profoundly impressed with the significant fact, that each one has resulted from an attempt to violate or circumvent the principles and provisions of the act of Congress for the organization of Kansas and Nebraska. The leading idea and fundamental principle of the Kansas-Nebraska act, as expressed in the law itself, was to leave the actual settlers and bona-fide inhabitants of each Territory perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." While this is declared to be the "true intent and meaning of the act," those who were opposed to allowing the people of the Territory, preparatory to their admission into the Union as a State, to decide the Slavery question for themselves, failing to accomplish their purpose in the halls of Congress, and under the authority of the Constitution, immediately resorted, in their respective States, to unusual and extraordinary means to control the political destinies and shape the domestic institutions of Kansas, in defiance of the wishes, and regardless of the rights, of the people of that Territory, as guaranteed by their organic law. Combinations, in one section of the Union, to stimulate an unnatural and false system of emigration, with the view of controlling the elections, and forcing the domestic institutions of the Territory to assimilate to those of the non-slaveholding States, were followed, as might have been foreseen, by the use of similar means in the slaveholding States, to produce directly the opposite result. To these causes, and to these alone, in the opinion of your Committee, may be traced the origin and progress of all the controversies and disturbances with which Kansas is now convulsed.

to their admission into the Union on an equal footing with
the original States, so soon as it shall appear, by a census
to be taken under the direction of the Governor, by the
authority of the Legislature, that the Territory contains
ninety-three thousand, four hundred and twenty inhabi-
tants-that being the number required by the present ratio
of representation for a member of Congress.
In compliance with the other recommendation, your
Committee propose to offer to the appropriation bill an
amendment appropriating such sum as shall be found ne-
cessary, by the estimates to be obtained, for the purpose
indicated in the recommendation of the President.
All of which is respectfully submitted to the Senate by
your Committee.

Mr. Collamer, of Vermont, the Republican member of same Committee, submitted a minority report, in which he says:

Thirteen of the present prosperous States of this Union passed through the period of apprenticeship or pupilage of territorial training, under the guardianship of Congress, preparatory to assuming their proud rank of manhood as sovereign and independent States. This period of their pupilage was, in every case, a period of the good offices of parent and child, in the kind relationship sustained between the National and the Territorial Government, and may be remembered with feelings of gratitude and pride. We have fallen on different times. A territory of our government is now convulsed with violence and discord, and the whole family of our nation is in a state of excitement and anxiety. The National Executive power is put in motion, the army in requisition, and Congress is invoked for interference.

If these unfortunate troubles have resulted, as natural consequences, from unauthorized and improper schemes In this case, as in all others of difficulty, it becomes neof foreign interference with the internal affairs and domes-cessary to inquire what is the true cause of existing troutic concerns of the Territory, it is apparent that the remedy ble, in order to apply effectual cure. It is but a temporary must be sought in a strict adherence to the principles and palliative to deal with the external and more obvious mani rigid enforcement of the provisions of the organic law. festations and developments, while the real, procuring In this connection, your Committee feel sincere satisfaction cause lies unattended to, and uncorrected, and unrein commending the messages and proclamation of the Pre- moved. sident of the United States, in which we have the gratifying assurance that the supremacy of the laws will be maintained; that rebellion will be crushed; that insurrection will be suppressed; that aggressive intrusion for the purpose of deciding elections, or any other purpose, will be repelled; that unauthorized intermeddling in the local concerns of the Territory, both from adjoining and distant States, will be prevented; that the federal and local laws will be vindicated against all attempts at organized resistance; and that the people of the Territory will be protected in the establishment of their own institutions, undisturbed by encroachments from without, and in the full enjoyment of the rights of self-government assured to them by the Constitution and the organic law.

It is said that organized opposition to law exists in Kansas. That, if existing, may probably be suppressed by the President, by the use of the army, and so, too, may invasions by armed bodies from Missouri, if the Executive be sincere in its efforts; but when this is done, while the cause of trouble remains, the results will continue with renewed and increased developments of danger.

Let us, then, look fairly and undisguisedly at this subject, in its true character and history. Wherein does this Kansas Territory differ from all our other Territories which have been so peacefully and successfully carried through, and been developed into the manhood of independent States? Can that difference account for existing troubles? Can that difference, as a cause of trouble, be removed?

The first and great point of difference between the Territorial government of Kansas and that of the thirteen Territorial governments before mentioned, consists in the subject of Slavery-the undoubted cause of present trouble.

In view of these assurances, given under the conviction that the existing laws confer all the authority necessary to the performance of these important duties, and that the whole available force of the United States will be exerted to the extent required for their performance, your Committee repose in entire confidence that peace, and security, and law, will prevail in Kansas. If any further evidence The action of Congress in relation to all these thirteen were necessary to prove that all the collisions and difficulTerritories was conducted on a uniform and prudent ties in Kansas have been produced by the schemes of for- principle, to wit: To settle, by a clear provision, the eign interference which have been developed in this re-law in relation to the subject of Slavery to be operaport, in violation of the principles and in evasion of the tive in the Territory, while it remained such; not provisions of the Kansas-Nebraska act, it may be found in leaving it in any one of those cases to be a subject of conthe fact that in Nebraska, to which the emigrant-aid socie- troversy within the same, while in the plastic gristle of its ties did not extend their operations, and into which the youth. This was done by Congress in the exercise of the stream of emigration was permitted to flow in its usual same power which molded the form of their organic laws, and natural channels, nothing has occurred to disturb the and appointed their executive and judiciary, and somepeace and harmony of the Territory, while the principle of times their legislative officers; it was the power provided self-government, in obedience to the Constitution, has had in the Constitution, in these words: "Congress shall have fair play, and is quietly working out its legitimate results. power to dispose of and make all needful rules and reguIt now only remains for your Committee to respond to lations respecting the territory or other property belongthe two specific recommendations of the President, in his ing to the United States." Settling the subject of Slavery special message. They are as follows: while the country remained a Territory, was no higher exercise of power in Congress, than the regulation of the functions of the territorial government, and actually appointing its principal functionaries. This practice commenced with this National Government, and was continued, with uninterrupted uniformity, for more than sixty years. This practical contemporaneous construction of the constitutional power of this government is too clear to leave room for doubt, or opportunity for skepticism. The peace, prosperity, and success which attended this course, and the results which have ensued, in the formation and admission of the thirteen States therefrom, are most conclusive and satisfactory evidence, also, of the wisdom and prudence with which this power was exercised. Deluded must be that people who, in the pursuit of plausible theories, become deaf to the lessons, and blind to the results of their own experience.

"This, it seems to me, can be best accomplished by providing that, when the inhabitants of Kansas may desire it, and shall be of sufficient numbers to constitute a State, a convention of delegates, duly elected by the qualified voters, shall assemble to frame a Constitution, and thus prepare, through regular and lawful means, for its admission into the Union as a State. I respectfully recommend the enactment of a law to that effect.

"I recommend, also, that a special appropriation be made to defray any expense which may become requisite in the execution of the laws, or the maintenance of public order in the Territory of Kansas."

In compliance with the first recommendation, your Committee ask leave to report a bill authorizing the Legislature of the Territory to provide by law for the election of delegates by the people, and the assembling of a Convention to form a Constitution and State Government preparatory

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Thus it was promulgated to the people of this whole country that here was a clear field for competition-an open course for the race of rivalship; the goal of which was, the ultimate establishinent of a sovereign State; and the prize, the reward of everlasting liberty and its institutions on the one hand, or the perpetuity of Slavery and its concomitants on the other. It is the obvious duty of this government, while this law continues, to see this manifesto faithfully, and honorably, and honestly performed, even though its particular supporters may see cause of a result unfavorable to their hopes.

Let us next inquire by what rule of uniformity Congress revive or put in force any law or regulation which may was governed, in the exercise of this power of determining have existed prior to the act of 6 March, 1820, either prothe condition of each Territory as to Slavery, while remain-tecting, establishing, prohibiting, or abolishing Slavery." ing a Territory, as manifested in those thirteen instances. An examination of our history will show that this was not done from time to time by agitation and local or party triumphs in Congress. The rule pursued was uniform and clear; and, whoever may have lost by it, peace and prosperity have been gained. That rule was this: Where Slavery was actually existing in a country to any considerable or general extent, it was (though somewhat modified as to further importation in some instances, as in Mississippi and Orleans Territories) suffered to remain. The fact that it had been taken and existed there, was taken as an indication of its adaptation and local utility. It is further to be observed that, in the performance of Where Slavery did not in fact exist to any appreciable ex-this novel experiment, it was provided that all white tent, the same was, by Congress, expressly prohibited; so men who became inhabitants in Kansas were entitled to that in either case the country was settled up without diffi- vote without regard to their time of residence, usually culty or doubt as to the character of its institutions. In no provided in other Territories. Nor was this right of instance was this difficult and disturbing subject left to the voting confined to American citizens, but included all people who had and who might settle in the Territory, to such aliens as had declared, or would declare, on oath, be there an everlasting bone of contention, so long as the their intention to become citizens. Thus was the proclaTerritorial government should continue. It was ever re- mation to the world to become inhabitants of Kansas, and garded, too, as a subject in which the whole country had enlist in this great enterprise, by the force of numbers, an interest, and, therefore, improper for local legislation. by vote, to decide for it the great question. Was it to be And though, whenever the people of a Territory come to expected that this great proclamation for the political form their own organic law, as an independent State, they tournament would be listened to with indifference and would, either before or after their admission as a State, apathy? Was it prepared and presented in that spirit? form and mold their institutions, as a Sovereign State, in Did it relate to a subject on which the people were cool their own way, yet it must be expected, and has always or indifferent? A large part of the people of this country proved true, that the State has taken the character her look on domestic lavery as "only evil, and that conpupilage has prepared her for, as well in respect to Slavery tinually," alike to master and to slave, and to the comas in other respects. Hence, six of the thirteen States are munity; to be left alone to the management or enjoyFree States, because Slavery was prohibited in them by ment of the people of the States where it exists, but not Congress, while Territories, to wit: Ohio, Indiana, Illinois, to be extended, more especially as it gives, or may give, Michigan, Wisconsin, and Iowa. Seven of the thirteen political supremacy to a minority of the people of this are slaveholding States, because Slavery was allowed in country in the United States government. On the other them by Congress while they were Territories, to wit: Ten-hand, many of the people of another part of the United nessee, Alabama, Mississippi, Florida, Louisiana, Arkansas States regard Slavery, if not in the abstract a blessing, at and Missouri. least as now existing, a condition of society best for On the 6th of March, A.D. 1820, was passed by Con- both white and black, while they exist together; while gress the act preparatory to the admission of the State of others regard it as no evil, but as the highest state of Missouri into the Union. Much controversy and discus- social condition. These consider that they cannot, with sion arose on the question whether a prohibition of safety to their interests, permit political ascendency to Slavery within said State should be inserted, and it re- be largely in the hands of those unfriendly to this pecusulted in this: that said State should be admitted without liar institution. From these conflicting views, long and such prohibition, but that Slavery should be forever pro-violent has been the controversy, and experience seems hibited in the rest of that country ceded to us by France to show it interminable. lying north of 36° 30' north latitude, and it was so done. This contract is known as the Missouri Compromise. Under this arrangement, Missouri was admitted as a slaveholding State, the same having been a slaveholding Territory. Arkansas, south of the line, was formed into a Territory, and Slavery allowed therein, and afterward admitted as a slaveholding State. Iowa was made a Territory north of the line, and, under the operation of the law, was settled up without slaves, and admitted as a free State. The country now making the Territories of Kansas and Nebraska, in 1820, was almost or entirely uninhabited, and lay north of said line, and whatever settlers entered the same before 1554, did so under that law, forever forbidding Slavery therein.

In 1854, Congress passed an act establishing two new Territories-Nebraska and Kansas-in this region of country, where Slavery had been prohibited for more than thirty years; and, instead of leaving said law against Slavery in operation, or prohibiting or expressly allowing or establishing Slavery, Congress left the subject in said Territories, to be discussed, agitated, and legislated on, from time to time, and the elections in said Territories to be conducted with reference to that subject, from year to year, so long as they should remain Territories; for, whatever laws might be passed by the Territorial legislatures on this subject, must be subject to change or repeal by those of the succeeding years. In most former Territorial governments, it was provided by law that their laws were subject to the revision of Congress, so that they would be made with caution. In these Territories, that was omitted.

The provision in relation to Slavery in Nebraska and Kansas is as follows: The eighth section of the act preparatory to the admission of Missouri into the Union (which being inconsistent with the principle of non-intervention by Congress with Slavery in the States and Territories, as required by the legislation of 1850, commonly called the Compromise Measures) is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate Slavery into said Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to

A succinct statement of the exercise and progress of the material events in Kansas is this: After the passage of this law, establishing the Territory of Kansas, a large body of settlers rapidly entered into said Territory with a view to permanent inhabitancy therein. Most of these were from the Free States of the West and North, who probably intended by their votes and influence to estab lish there a Free State, agreeably to the law which invited them. Some part of those from the Northern States had been encouraged and aided in this enterprise by the Emigrant Aid Society formed in Massachusetts, which put forth some exertions in this laudable object, by open and public measures, in providing facilities for transportation to all peaceable citizens who desired to become permanent settlers in said Territory, and providing therein hotels, mills, etc., for the public accommodation of that new country.

The Governor of Kansas, having, in pursuance of law, divided the territory into districts, and procured a census thereof, issued his proclamation for the election of a Legislative Assembly therein, to take place on the 30th day of March, 1835, and directed how the same should be conducted, and the returns made to him agreeable to the law establishing said Territory. On the day of election, large bodies of armed men from the State of Missouri, appeared at the polls in most of the districts, and, by most violent and tumultuous carriage and demeanor, overawed the defenseless inhabitants, and by their own votes elected a large majority of the members of both Houses of said Assembly. On the returns of said election being made to the Governor, protests and objections were made to him in relation to a part of said districts; and as to them, he set aside such, and such only, as by the returns appeared to be bad. In relation to others, covering, in all, a majority of the two Houses, equally vicious in fact, but apparently good by formal returns, the inhabitants thereof, borne down by said violence and intimidation, scattered and discouraged, and laboring under apprehensions of personal violence, refrained and desisted from presenting any protest to the Governor in relation thereto; and he, then uninformed in relation thereto, issued certificates to the members who appeared by said formal returns to have been elected.

In relation to those districts which the Governor so set aside, orders re by him issued for new elections. In

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one of these districts, the same proceedings were repeated | tion of delegates to be elected, and to assemble at Topeka by men from Missouri, and in others not, and certificates were issued to the persons elected.

This legislative assembly, so elected, assembled at Pawnee, on the second day of July, 1855, that being the time and place for holding said meeting, as fixed by the Governor, by authority of law. On assembling, the said houses proceeded to set aside and reject those members so elected on said second election, except in the district where the men from Missouri had, at said election, chosen the same persons they had elected at the said first election, and they admitted all of the said first-elected members. A legislative assembly, so created by military force, by a foreign invasion, in violation of the organic law, was but a usurpation. No act of its own, no act or neglect of The Governor, could legalize or sanctify it. Its own decisions as to its own legality are like its laws, but the fruits of its own usurpation, which no Governor could legitimate.

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The people of Kansas, thus invaded, subdued, oppressed and insulted, seeing their Territorial Governinent (such only in form) perverted into an engine to crush them in the dust, and to defeat and destroy the professed object of their organic law, by depriving them of the "perfect freedom" therein provided; and finding no ground to hope for rights in that organization, they proceeded, under the guaranty of the United States Constitution, "peaceably to assemble to petition the Government for the redress of (their) grievances." They saw no earthly source of relief but in the formation of a State Government by the people, and the acceptance and ratification thereof by Congress.

in said Territory, on the 19th day of September, 1855, not to form a Constitution, but to consider the propriety of calling, formally, a Convention for that purpose.

Delegates were elected agreeably to the proclamation so issued, and they met at Topeka on the fourth Tuesday in October, 1855, and formed a constitution, which was submitted to the people, and was ratified by them by vote in the districts. An election of State officers and members of the State legislature has been had, and a representative to Congress elected, and it is intended to proceed to the election of senators, with the view to present the same, with the constitution, to Congress for admission into the Union.

Whatever views individuals may at times, or in meetings, have expressed, and whatever ultimate determination may have been entertained in the result of being spurned by Congress, and refused redress, is now entirely immaterial. That cannot condemn or give character to the proceedings thus far pursued.

Many have honestly believed usurpation could make no law, and that if Congress made no further provisions they were well justified in forming a law for themselves; but it is not now necessary to consider that matter, as it is to be hoped that Congress will not leave them to such a necessity.

Thus far, this effort of the people for redress is peaceful, constitutional, and right. Whether it will succeed, rests with Congress to determine; but clear it is that it should not be met and denounced as revolutionary, rebellious, insurrectionary, or unlawful, nor does it call for or justify the exercise of any force by any depart ment of this government to check or control it.

It now becomes proper to inquire what should be done by Congress; for we are informed by the President, in substance, that he has no power to correct a usurpation, and that the laws, even though made by usurped authority, must be by him enforced and exredress should be applied to the true cause of the difficulty. This obviously lies in the repeal of the clause for freedom in the act of 1820, and therefore, the true remedy lies in the entire repeal of the act of 1854, which effected it. Let this be done with frankness and magnanimity, and Kansas be organized anew as a Free Territory, and all will be put right.

It is true that, in several instances in our political history, the people of a Territory have been authorized by an act of Congress to form a State Constitution, and, after so doing, were admitted by Congress. It is quite obvious that no such authority could be given by the act of the Territorial Government. That clearly has no power to create another Government, paramount to it-ecuted, even with military force. The measures of self. It is equally true that, in numerous instances in our history, the people of a Territory have, without any previous act of Congress, proceeded to call a Convention of the people by their delegates; have formed a State Constitution, which has been adopted by the people, and a State Legislature assembled under it, and chosen Senators to Congress, and then have presented said Constitution to Congress, which has approved the same, and received the Senators and members of Congress who were chosen under it before Congress had approved the same. Such was the case of Tennessee; such was the case of Michigan, where the people not only formed a State Constitution without an act of Congress, but they actually put their State Government into full operation and passed laws, and it was approved by Congress by receiving it as a State. The people of Florida formed their Constitution without any act of Congress therefor, six years before they were admitted into the Union. When the people of Arkansas were about forming a State Constitution without a previous act of Congress, in 1835, the Territorial Governor applied to the President on the subject, who referred the matter to the Attorney-General, and his opinion, as then expressed and published, contained the following:

"It is not in the power of the general assembly of Arkansas to pass any law for the purpose of electing members to a Convention to form a Constitution and State government, nor to do any other act, directly or indirectly, to create such government. Every such law, even though it were approved by the

governor of the Territory, would be null and void; if passed by them notwithstanding his veto, by a vote of two-thirds of each branch, it would still be equally void."

He further decided that it was not rebellious, or insurrectionary, or even unlawful, for the people peaceably to proceed, even without an act of Congress, in forming a Constitution, and in so forming a State Constitution and so far organizing under the same as to choose the officers necessary for its representation in Congress, with a view to present the same to Congress for admission, was a power which fell clearly within the right of the people to assemble and petition for redress, The people of Arkansas proceeded without an act of Congress, and were received into the Union accordingly. If any rights were derived to the people of Arkansas from the terms of the French treaty of cession, they equally extended to the people of Kansas, it being a part of the same cession.

In this view of the subject, in the first part of August, 1855, a call was published in the public papers, for a meeting of the citizens of Kansas, irrespective of party, to meet at Lawrence, in said Territory, on the 15th of said August, to take into consideration the propriety of calling a Convention of the people of the whole Territory, to consider that subject. That meeting was held on the 15th day of August last, and it proceeded to call such Conven

But, if Congress insist on proceeding with the experiment, then declare all the action by this spurious, foreign legislative assembly utterly inoperative and void, and direct a reorganization, providing proper safeguards for legal voting and against foreign force.

There is, however, another way to put an end to all this trouble there, and in the nation, without retracing steps or continuing violence, or by force compelling obedience to tyrannical laws made by foreign force; and that is, by admitting that Territory as a State, with her free constitution. True, indeed, her numbers are not such as give her a right to demand admission, being, as the President informs us, probably only about twenty-five thousand. The Constitution fixes no number as necessary, and the importance of now settling this question may well justify Congress in admitting her as a State, at this time, especially as we have good reason to believe that, if admitted as a State, and controversy ended, it will immediately fill up with a numerous and successful population.

At any rate, it seems impossible to believe that Congress is to leave that people without redress, to have enforced upon them by the army of the nation these measures and laws of violence and oppression. they to be dragooned into submission; Is that an experiment pleasant to execute on our own free people?


The true character of this transaction is matter of extensive notoriety. Its essential features are too obvious to allow of any successful disguise or palliation, however complicated or ingenious may be the statements, or however special the pleadings, for that purpose. The case requires some quieting, kind and prudent treatment by the hand of Congress to do justice and satisfy the nation. The people of this country are peacefully relying on Congress to provide the competent measures of redress which they have the undoubted power to ad


The Attorney-General, in the case of Arkansas, says: "Congress may at pleasure repeal or modify the laws passed by the Territorial Legislature, and may at any time abrogate and remodel the legislature itself, and all the other departments of the Territorial Government."

Treating this grievance in Kansas with ingenious excuses, with neglect or contempt, or riding over the oppressed with an army, and dragooning them into submission, will make no satisfactory termination. Party success may at times be temporarily secured by adroit

devices, plausible pretenses, and partisan address; but These gentlemen proceeded to Kansas, and the permanent preservation of this Union can be main-spent several weeks there in taking testimony as tained only by frankness and integrity. Justice may denied where it ought to be granted; power may perpetuate that vassalage which violence and usurpation have produced; the subjugation of white freemen may be necessary, that African Slavery may succeed; but such a course must not be expected to produce peace and satisfaction in our country, so long as the people retain any proper sentiment of justice, liberty, and law.


The majority and minority Reports being received, various matters relating to Kansas were debated until the 19th of March, the House was brought to a vote on the proposition of the committee of elections to empower said committee to send to Kansas for persons and papers, which was modified on motion of Mr. Dunn, of Ind., so as to raise a special committee of three members, to be appointed by the Speaker. The resolutions raising this coinmittee gave it ample powers

To inquire into and collect evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud or force attempted or practiced in reference to any of the elections which have taken place in said Territory, either under the law organizing said Territory, or under any pretended law which may be alleged to have taken effect there since. That they shall fully investigate and take proof of all violent and tumultuous proceedings in said Territory, at any time since the passage of the Kansas Nebraska act, whether engaged in by the residents of said Territory, or by any person or persons from elsewhere going into said Territory, and doing, or encouraging others to do, any act of violence or public disturbance against the laws of the United States, or the rights, peace, and safety of the residents of said Te.ritory; and for that purpose, said Committee shall have full power to send for, and examine, and take copies of, all such papers, public records, and proceedings, as in their judgment will be useful in the premises; and also, to send for persons and examine them on oath, or affirmation, as to matters within their knowledge, touching the matters of said investigation; and said Committee, by their chairman, shall have power to administer all necessary oaths or affirmations connected with their aforesaid duties. That said Committee may hold their invest gations at such places and times as to them may seem advisable, and that they have leave of absence from the duties of this House until they shall have completed such investigation. That they be authorized to employ one or more clerks, and one or more assistant sergeants-at-arms, to aid them in their investigation; and may administer to them an oath, or affirmation, faithfully to perform the duties assigned to them, respectively, and to keep secret all matters which may come to their knowledge touching such investigation, as said Committee may direct, until the Report of the same shall be submitted to this House; and said Committee may discharge any such clerk or assistant sergeant-at-arms for neglect of duty or disregard of instructions in the premises, and employ others under like regulations.

The vote of the Slave States was unanimous against the investigation, 17 from the Free States voting with them. Yea3 101; Nays 93. The following are the negatives from the Free


Nays Against the Investigation:
MAINE--Thomas J. D. Fuller-1.
NEW-YORK-John Kelly, William W. Valk, John
Wheeler, Thomas R. Whitney-4.
NEW-JERSEY-George Vail-1.

to the elections, etc., which had taken place in that Territory. The testimony thus taken forms a volume of nearly twelve hundred large and closely-printed pages, the substance of which was summed up on their return by the majority (Messrs. Howard and Sherman), in the following


A journal of proceedings, including sundry communications made to and by the Committee was kept, a copy of which is herewith submitted. The testimony also is herewith submitted; a copy of it has been made and arranged not according to the order in which it was taken, but so as to present, as clearly as possible, a consecutive history of day of March, A. D. 1856. events in the Territory, from its organization to the 19th


Your Committee deem it their duty to state, as briefly as When possible, the principal facts proven before them. the act to organize the Territory of Kansas was passed on the 24th day of May, 1854, the greater portion of its easter border was included in Indian reservations not open for settlement; and there were but few white settlers in any portion of the Territory. Its Indian population was ra pidly decreasing, while many emigrants from different parts of our country were anxiously waiting the extinction of the Indian title, and the establishment of a Territorial Government, to seek new homes on its fertile prairies. It cannot be doubted that, if its condition as a free Territory had been left undisturbed by Congress, its settlement would have been rapid, peaceful, and prosperous. climate, 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 State, without the least sectional excitement. If so organized, none but the kindest feeling could have existed between it and the adjoining State. Their mutual interests and intercourse, instead of, as now, endangering the harmony of the Union, would have 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 Congress, the aspect of affairs entirely changed. The whole country was agitated by the reopening of a controversy which conservative men in different sections hoped had been settled, in every State and Territory, by some law beyond the danger of repeal. The excitement which has always accompanied the discussion of the Slavery question was greatly increased, by the hope on the one hand of extending Slavery into a region from which it had been excluded by law, and on the other by a sense of wrong done by what was regarded as a dishonor of a national compact. This excitement was naturally transferred into the border counties of Missouri and the Territory, as settlers favoring free or slave institutions moved into it. A new difficulty soon occurred. Different conIt was constructions were put upon the organic aw. tended 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 restriction virtually established Slavery in the Territory. This claim was urged by many prominent men in western Missouri, who actively engaged 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

PENNSYLVANIA-John Cadwalader, Thomas B. Flo- their resolutions are the following: rence, J. Glancy Jones-3.

INDIANA-William II. English, Smith Miller-2.
MICHIGAN-George W. Peck--1.

ILLINOIS-James C. Allen, Thomas L. Harris, 8 Marshall, William A. Richardson-4. CALIFORNIA-Philemon T. Herbert-1.

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

"That we recognize the institution of Slavery as already exSamuelisting in this Territory, and a ivise slaveholders to introduce heir property as early as possible."

Similar resolutions were passed in various parts of the

So the resolution prevailed, and Messrs. Wil- Territory, and by meetings in several counties of Missouri. Thus the first effect of the repeal of the restriction against liam A. Howard, of Michigan, John Sherman, Slavery was to substitute the resolves of squatter meetings, of Ohio, and Mordecai Oliver, of Missouri, were composed almost exclusively of Missourians, for the delibeappointed the Committee of Investigation there-rate action of Congress, acquiesced in for 35 years. by required.

This unlawful interference has been continued in every important event in the history of the Territory: ever

election has been controlled, not by the actual settlers, | Chapman's, over 40 miles from the Missouri State line. but by citizens of Missouri; and, as a consequence, every It was a thinly-settled region, containing but 47 voters officer in the Territory, from constables to legislators, ex-in February, 1555, when the census was taken. On the cept those appointed by the President, owe their positions day before the election, from 100 to 150 citizens of Cass to non-resident voters. None have been elected by the and Jackson Counties, Mo, came into this district, settlers; and your Committee have been unable to find declaring their purpose to vote, and that they were that any political power whatever, however unimportant, bound to make Kansas a Slave State, if they did it at has been exercised by the people of the Territory. the point of the sword. Persons of the party on the way In October, A. D. 1854, Governor A. H. Reeder and the drove each a stake in the ground and called it a claimother officers appointed by the President arrived in the and in one case several names we e put on one stake. Territory. Settlers from all parts of the country were The party of strangers camped all night near where the moving in in great numbers, making their claims and election was to be held, and in the morning were at the building their cabins. About the same time, and before election-polls and voted. One of their party got drunk, any election was or could be held in the Territory, a secret and, to get rid of Dr. Chapman, a judge of the election, political society was formed in the State of Missouri. It they sent for him to come and see a sick man, and in his was known by different names, such as "Social Band," absence filled his place with another judge, who was not "Friends' Society," "Blue Lodge," "The Sons of the sworn. They did not deny nor conceal that they were South." Its members were bound together by secret residents of Missouri, and many of them were recognized oaths, and they had passwords, signs, and grips, by which as such by others. They declared that they were bound they were known to each other. Penalties were imposed to make Kansas a Slave State. They insisted upon their for violating the rules and secrets of the Order. Written right to vote in the Territory if they were in it one hour. minutes were kept of the proceedings of the Lodges, and After the election, they again returned to their homes in the different Lodges were connected together by an effec- Missouri, camping over night on the way. tive organization. It embraced great numbers of the citizens of Missouri, and was extended into other Slave States and into the Territory. Its avowed purpose was not only to extend Slavery into Kansas, but also into other territory of the United States; and to form a union of all the friends of that institution. Its plan of operating was to organize and send men to vote at the elections in the Territory, to collect money to pay their expenses, and, if necessary, to protect them in voting. It also proposed to induce 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 effective instrument in organizing the subsequent armed invasions and forays. In is Lodges in Missouri, the affairs of Kansas were discussed, the force necessary to control the election was divided into bands, and leaders selected; means were collected, and signs and badges were agreed upon. While the great body of the actual settlers of the Territory were relying upon the rights secured to them by the organic law, and had formed no organization or combination whatever, this conspiracy against their rights was gathering strength in Missouri, and would have been sufficient at their first election to have overpowered them, if they had been united to a man.

Your Committee had great difficulty in the proof of the details in regard to this secret society. One witness, member of the legislative council, efused to answer questions in reference to it. Another declined to answer fully, because to do so would result to his injury. Others could or would only answer as to the general purposes of the Society, but suffic ent is disclosed in the testimony to show the influence it had in controlling the elections in the Territo y.

The first election was for a Delegate to Congress. It was appointed for the 29th of November, 1854. The Governor divided the Territory into seventeen Election-Districts; appointed Judges and prescribed proper rules for the election. In the Ist, lild, VIIIth, IXth, Xth, XIIth, XIIIth, and XVIIth Districts there appears to have been but little if any fraudulent voting.

We find upon the poll-books 16i names; of these not over 30 resided in the Territory; 81 were non-residents. But few settlers attended the election in the Vth Dis|trict, the district being large and the settlement scattered. 82 votes were cast; of these between 20 and 30 were settlers, 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. Some little excitement arose at the polls as to the legality of their voting, but they did vote for General Whitfield, and said they intended to make Kansas a Slave State, and that they had claims in the Territory. Judge Teazle, judge of the court in Jackson County, Missouri, was present, but did not vote. He said he did not intend to vote, but came to see that others voted. After the election, the Missourians returned the way they came.

The election in the VIth District was held at Fort Scott, in the southeast part of the Territory, and near the Missouri line. A party of about one hundred men, from Cass and the counties in Missouri south of it, went into the Territory, traveling about 45 miles, most of them with their wagons and tents, and camping out. They appeared at the place of election. Some attempts were made to swear them, but two of the judges were prevailed upon not to do so, and none were sworn, and as many 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. After the voting was over, the Missourians went to their wagons and commenced leaving for home.

The most shameless fraud practiced upon the rights of the settlers at this election was in the VIIth District. It is a remote settlement, about 75 miles from the Missouri line, and contained in February, A.D. 1855, three months afterward, 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. A witness who formerly resided in Jackson County, Missouri, and was well acquainted with the citizens of that county, 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 Flenniken, and 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. Lemuel Ralstone, a citizen of Missouri, was acting in his place. The witness then challenged the vote of a young man by the name of Nolan, whom he knew to reside in Jackson County. Finally, the thing was hushed up, as the witness had a good many friends there from that county, and it might lead to a fight if he challenged any more votes. Both voted, and he then went down to their camp. He there saw many of his old acquaintances, whom he knew had voted at the election in August previous in Missouri, and who still resided in that State. By a careful comparison of the poll-lists with the census-rolls, we find but 12 names on the poll-book who were voters when the census was taken three months afterward, and we are satisfied that not more than 20 legal votes could have been polled at that election. The only num-residents who are known to have voted are named by the witness, and are 13 in number-thus leaving 584 illegal votes cast in a remote district, where the settlers within many miles were acquainted with each other.

The election in the IId District was held at the village of Douglas, nearly fifty miles from the Missouri line. On the day before the elect.on, large companies of men came into the district in wagons and on horseback, and declared that they were from the State of Missouri, and were going to Douglas to vote. On the morning of the election, they gathered around the house where the election was to be held. Two of the judges appointed by the Governor did not appear, and other judges were elected by the crowd. All then voted. In order to make a pretense 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 probably killed if he challenged a vote. He was seized by the collar, called a d-d Abolitionist, and was compelled to seek protection in the room with the judges. About the 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 ber were recognized as residents of Missouri, and among them was Samuel H. Woodson, a leading lawyer of Independence. Of those whose names are on the pollDooks, 85 were resident settlers and 226 were not. The election in the IVth District was held at Dr.

The total number of white inhabitauts in the XIth District, in the month of February, A.D. 1855, including

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