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SUBDUING FREEDOM IN KANSAS.

REPORT

OF

THE CONGRESSIONAL COMMITTEE,

PRESENTED IN THE HOUSE OF REPRESENTATIVES ON TUESDAY, JULY 1, 1856.

A JOURNAL of proceedings, including sundry | mutual interests and intercourse, instead of, as communications made to and by the Committee, now, endangering the harmony of the Union, was kept, a copy of which is herewith submitted. would have strengthened the ties of national The testimony also is herewith submitted; a copy brotherhood. The testimony clearly shows, that 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 events in the Territory, from its organization to the 19th day of March, A. D., 1856.

Your Committee deem it their duty to state, as

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

briefly as possible, the principal facts proven be- by the action of Congress, the aspect of affairs

fore them. When the act to organize the Terri- entirely changed. The whole country was agitatory of Kansas was passed on- day of May, ted by the reopening of a controversy which con1854, the greater portion of its eastern border was servative men in different sections hoped had been included in Indian reservations not open for set- settled in every State and Territory by some law tlement, and there were but few white settlers in beyond the danger of repeal. The excitement any portion of the Territory. Its Indian popula- which has always accompanied the discussion of tion was rapidly decreasing, while many emigrants the Slavery question was greatly increased by the from different parts of our country were anxiously hope on the one hand of extending Slavery into a waiting the extinction of the Indian title, and the region from which it had been excluded by law; establishment of a Territorial Government, to seek and on the other by a sense of wrong done by new homes in its fertile prairies. It cannot be what was regarded as a dishonor of a national doubted that if its condition as a free Territory compact. This excitement was naturally transferhad been left undisturbed by Congress, its settle- red into the border counties of Missouri and the ment would have been rapid, peaceful and pros- Territory as settlers favoring free or slave instituperous. Its climate, soil, and its easy access to the tions moved into it. A new difficulty soon occurolder settlements would have made it the favored red. Different constructions were put upon the

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

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.

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It was contended that the removal of the restric-sustain them while there, and to elect none to tion virtually established Slavery in the Territory. office but those friendly to their views. This dan This claim was urged by many prominent men in gerous society was controlled by men who avowed Western Missouri, who actively engaged in the af- their purpose to extend slavery into the Terri

fairs 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 the following:

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

"That we recognize the institution of Slavery as already existing in this Territory, and advise slaveholders to introduce their property as early as possible."

tory at all hazards, and was altogether the most effective instrument in organizing the subsequent armed invasions and forays. In its Lodges in Missouri, the affairs of Kansas were discussed, the force necessary to control the election was divided into bands, and leaders selected, means were collected, and signs and badges were agreed upon. While the great body of the actual settlers of the Territory were relying upon the rights secured to them by the organic law, and had formed no organization or combination whatever, even of a party character, this conspiracy against their rights was gathering strength in a neighboring State, and would have been sufficient at their first election to have overpowered them, if they had been united to a man.

Your Committee had great difficulty in eliciting the proof of the details in regard to this secret

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 restrictions against slavery was to substitute society. One witness, member of the Legislative the resolves of squatter meetings, composed almost Council, refused to answer questions in reference exclusively of citizens of a single State, for the to it. Another declined to answer fully, because deliberate action of Congress, acquiesced 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 consequence every officer in the Territory, from constables to legislators, except those appointed by the President, owe their positions to non-resident voters. None have been elected by the settlers, and your Committee have been unable to find that any political power whatever, however unimportant, has been exercised by the people of the Territory.

In October, A. D. 1854, Gov. A. H. Reeder 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.

to do so would result to his injury. Others could or would only answer as to the general purposes of the Society, but sufficient is disclosed in the 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 November, 1854. The Governor divided the Territory into 17 Election Districts; appointed Judges, and prescribed proper rules for the election. In the Ist, IIId, VIIIth, IXth, Xth, XIIth, XIilth, and XVIIth Districts there appears to have been but little if any fraudulent voting.

The election in the IId District was held at the village of Douglas, nearly 50 miles from the Missouri line. On the day before the election large companies of men came into the district in wagons and on horseback, and declared that they were from the State of Missouri, and were going to

About the same time, and before any election was Douglas to vote. On the morning of the election or could be held in the Territory, a secret political they gathered around the house where the election society was formed in the State of Missouri. It was to be held. Two of the Judges appointed by was known by different names, such as "Social the Governor did not appear, and other Judges Band," "Friends Society," "Blue Lodge," "The were elected by the crowd. All then voted. In Sons of the South." Its members were bound order to make a pretense of right to vote, some together by secret oaths, and they had passwords, persons of the company kept a pretended register signs, and grips by which they were known to each of squatter claims, on which any one could enter other. Penalties were imposed for violating the his name and then assert he had a claim in the rules and secrets of the Order. Written minutes Territory. A citizen of the district who was himwere kept of the proceedings of the Lodges, and self a candidate for Delegate to Congress was the different Lodges were connected together by told by one of the strangers, that he would be an effective organization. It embraced great num- abused and probably killed if he challenged a vote. bers of the citizens of Missouri, and was extended He was seized by the collar, called a d-d Abointo other Slave States and into the Territory. Its litionist, and was compelled to seek protection in avowed purpose was not only to extend slavery the room with the Judges. About the time the into Kansas, but also into other territory of the polls were closed, these strangers mounted their United States, and to form a union of all the horses and got into their wagons and cried out friends of that institution. Its plan of operating "All aboard for Westport and Kansas City." A was to organize and send men to vote at the elec- number were recognized as residents of Missouri, tions in the Territory, to collect money to pay and among them was Samuel II. Woodson, a leadtheir expenses, and if necessary to protect them in ing lawyer of Independence. Of those whose voting. It also proposed to induce Pro-Slavery names are on the poll-books, 35 were resident set men to emigrate into the Territory, to aid and tlers and 226 were non residents.

The election in the IVth District was held at February, A. D., 1855, three months afterward, Dr. Chapman's, over 40 miles from the Missouri when the Census was taken, but 53 voters; and State line. It was a thinly settled region, contain- yet the poll-books show that 604 votes were cast. ing but 47 voters in February, 1855, when the The election was held at the house of Frey McGee, census was taken. On the day before the election, at a place called "110." But few of the actual from 100 to 150 citizens of Cass and Jackson settlers were present at the polls. A witness who Counties, Mo., came into this district declaring their purpose to vote, and that they were bound to make Kansas a Slave-State, if they did it at the point of the sword. Persons of the party on the way drove each a stake in the ground and called it a claim-and in one case several names were put on one stake. The party of strangers camped all night near where the election was to be held, and in the morning were at the election polls and voted. One of their party got drunk, and to get rid 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 recognized 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 the 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, 131 were non-residents.

formerly resided in Jackson County, Mo., 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 Flennekin, 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 pollbook who were voters when the census was taken three months afterwards, and we are satisfied that not more than 20 legal votes could have been polled at that election. The only residents who are known to have voted are named by the witness, and are 13 in number-thus leaving 584 illegal votes cast in a remote district, where the settlers within many miles were acquainted with each other.

But few settlers attended the election in the Vth District, 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 Gen. Whitfield, and said The total number of white inhabitants in the they intended to make Kansas a Slave State-and XIth District in the month of February, A.D. that they had claims in the Territory. Judge 1855, including men, women and children, was Teazle, judge of the Court in Jackson County, 36, of whom 24 were voters-yet the poll-lists in Missouri, was present, but did not vote. He said this District show that 245 votes were cast at this he did not intend to vote, but came to see that election. For reasons stated hereafter in regard others voted. After the election, the Missourians to the election on the 30th of March, your Comreturned they way the came.

mittee were unable to procure the attendance of

The election in the VIth District was held at witnesses from this District. From the records it Fort Scott, in the southeast part of the Territory clearly appears that the votes cast could not have and near the Missouri line. A party of about one been by lawful resident voters. The best test in hundred men from Cass and the counties in Mis- the absence of direct proof by which to ascertain souri south of it went into the Territory, travel- the number of illegal votes cast, is by a compariing about 45 miles, most of them with their wag- son of the census roll with the poll-book-by ons and tents, and camping out. They appeared which it appears that but 7 recident settlers voted at the place of election. Some attempts were and 238 votes were illegally and fraudulently made to swear them; but two of the Judges were given.

prevailed upon not to do so, and none were sworn, The election in the XIVth District was held at And as many as chose voted. There were but few the house of Benjamin Harding, a few miles from resident voters at the polls. The settlement was the town of St. Joseph, Missouri. Before the sparse-about 25 actual settlers voted out of 105 polls were opened, a large number of citizens of votes cast, leaving 80 illegal votes. After the Buchanan county, Missouri, and among them voting was over the Missourians went to their many of the leading citizens of St. Joseph, were Wagons and commenced leaving for home.

at the place of voting, and made a majority of The most shameless fraud practised upon the the company present. At the time appointed by rights of the settlers at this election was in the the Governor for opening the polls, two of the VIIth District. It is a remote settlement about Judges were not there, and it became the duty of 75 miles from the Missouri line, and contained in the legal voters present to select other Judges.

The Judge who was present suggested the name of Mr. Waterson as one of the Judges but the crowd voted down the proposition. Some discusproposition. sion then arose as to the right of non-residents to vote for Judges, during which Mr. Bryant was nominated and elected by the crowd. Some one nominated Col. John Scott as the other Judge, who was then and is now a resident of St. Joseph. At that time he was the City Attorney of that place, and so continued until this Spring, but he claimed that the night before he had come to the house of Mr. Bryant, and had engaged boarding for a month, and considered himself a resident of Kansas on that ground. The Judges appointed by the Governor refused to put the nomination of Col. Scott to vote, because he was not a resident. After some discussion, Judge Leonard, a citizen of Missouri, stepped forward and put the vote himself; and Mr. Scott was declared by him as elected by the crowd, and served as a Judge of Election that day. After the election was over, he returned to St. Joseph, and never since has resided in the Territory. It is manifest that this election of a non-resident lawyer as a Judge was imposed upon the settlers by the citizens of the State. When the board of Judges was thus completed the voting proceeded, but the effect of the rule adopted by the Judges allowed many, if not a majority of the non-residents, to vote. They claimed that their presence on the ground especially when they had a claim in the Territory, gave them a right to vote under that construction of the law they readily, when required, swore they were "residents" and then voted. By this evasion, as near as your Committee can ascertain from the testimony, as many as 50 illegal votes were cast in this District out of 153, the whole number polled.

The election in the XVth District was held at Penseman's on Stranger Creek, a few miles from Weston, Missouri. On the day of the election a number of citizens of Platte County, but chiefly from Weston and Platte City, came in small parties, in wagons and on horseback, to the polls. Among them were several leading citizens of that town, and the names of many of them are given by the witnesses. They generally insisted on their right to vote, on the ground that every man having a claim in the Territory could vote, no matter where he lived. All voted who chose. No man was challenged or sworn. Some of the residents did not vote. The purpose of the strangers in voting was declared to be to make Kansas a Slave State. We find by the poll books that 306 votes were cast of them we find but 57 are on the census rolls as legal voters in February following. Your Committee is satisfied from the testimony that not over 100 of those who had voted had any right so to do, leaving at least 206 illegal

votes cast.

The election in the XVIth District was held at Leavenworth. It was then a small village of three or four houses, located on the Delaware Reservation. There were but comparatively few settlers then in the district, but the number rapidly increased afterward. On the day before and on the day of the election, a great many citizens of Platte, Clay and Ray counties crossed the river-most of them

camping in tents and wagons about the town "like a camp meeting." They were in companies or messes of ten to fifteen in each, and numbered in all several hundred. They brought their own provisions and cooked it themselves, and were generally armed. Many of them were known by the witnesses, and their names given, and their names are found upon the poll-books. Among them were several persons of influence where they resided in Missouri, who held, or had held, high official positions in that State. They claimed to be residents of the Territory, from the fact that they were then present, and insisted upon the right to vote, and did vote. Their avowed purpose in doing so was to make Kansas a Slave State. These strangers crowded around the polls, and it was with great difficulty that the settlers could get to the polls. One resident attempted to get to the polls in the afternoon, but was crowded and pulled back. He then went outside of the crowd and hurrahed for Gen. Whitfield, and some of those who did not know him said, "that's a good Pro-Slavery man," and lifted him up over their heads so that he crawled on their heads and put in his vote. A person who saw from the color of his ticket that it was not for Gen. Whitfield, cried out, "He is a damned Abolitionist-let him down;" and they dropped him. Others were passed to the polls in the same way, and others crowded up in the best way they could. After this mockery of an election was over, the nonresidents 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,

9

and Election of Nov. 29, 1854.

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IX. Reynolds's

81

40 36 40

..

X. Big Blue Cross..

2

6 29

87 63 37

XI. Marysville

287

35

245 24

7 288

XII. Warton's Store

31

1

41 78 41

XIII. Osawkie

69

1

1

71 96 71

XIV. Harding's

180

23

153 884 108 50

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28 62 50

312 835 150

806 808 100

19 805 21 2871

226S 249

1114 1729

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Thus your Committee find that in this first elec

tion in the Territory a very large majority of the Missouri. The number ano votes were cast by citizens of the State of Mis-gration then passing into us a log house, and souri in violation of the organic law of the Terri- grossly exaggerated and misreprest fall again, but tory. Of the legal votes cast Gen. Whitfield the active exertions of many of its Pro-Slavery received a plurality. The settlers took but little zens, aided by the secret societies beforce crowd interest in the election, not one half of them to, the passions and prejudices of the peop withvoting. This may be accounted for from the fact that State were greatly excited. Several resideine that the settlements were scattered over a great there have testified to the character of the reports

extent that the term of the delegate to be elected was short-and that the question of Free and 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, was a crime of great magnitude. Its immediate effect was to further excite

circulated among and credited by the people. These efforts were successful. By an organized movement which extended from Andrew County in the North, to Jaspar County in the South, and as far eastward as Boone and Cole Counties, companies of men were arranged in regular 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 de

the people of the Northern States-induce acts sign of making Kansas a Slave State. They

of retaliation, 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.

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were generally armed and equipped, carried with them their own provisions and tents, and so marched into the Territory. The details of this invasion, from the mass of the testimony taken by our Committee, are so voluminous that we can here state but the leading facts elicited.

IST DISTRICT-MARCH 30, 1855.-LAWRENCE.

The company of persons who inarched into this District, collected in Ray, Howard, Carroll, Boone, La Fayette, Randolph, Saline, and Cass Counties, in the State of Missouri. Their expenses were paid-those who could not come contributing provisions, wagons, &c. Provisions were deposited for those who were expected to come to σημησια Lawrence in the house of William Lykins, and were distributed among the Missourians after they arrived there. The evening before and the mornKing of the day of election, about 1,000 men from the above counties arrived at Lawrence, and camped on a ravine a short distance from town, A near the place of voting. They came in wagons -of which there were over one hundred-and on horseback, under the command of Col. Samuel Young of Boone County, Missouri, and Claiborne F. Jackson of Missouri. They were armed with guns, rifles, rimes, pistols, and bowie-knives, and had tents, music, and flags with them. They brought 10012 with them two pieces of artillery, loaded with musket balls. On their way to Lawrence, some of them met Mr. N. B. Blanton, who had been appointed one of the Judges of 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, and then threatened him with hanging, in order to induce him to dispense with that oath. In consequence of these threats, he did not appear at the polls the next morning to act as Judge.

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On the same day the census 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 The evening before the election, while in camp, appointment of members; and recited the quali- the Missourians were called together at the tent fication of voters. If it had been observed, a of Capt. Claiborne F. Jackson, and speeches were just and fair election would have reflected the made to them by Col. Young and others, calling will of the people of the Territory. Before the for volunteers to go to other Districts where there election, false and inflammatory rumors were were not Missourians enough to control the elecbusily circulated among the people of Western tion, and there were more at Lawrence than were

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