Indiana American, Volume 24, Number 35, Brookville, Franklin County, 15 August 1856 — Page 1

In 1 ä v ft NEWS AND BUSINESS PAPER-DEVOTED TO POREiGN AND DOMESTIC NEWS, MORALS, TEMPERANCE, EDUCATION, AGRICULTURE, AND THE BEST INTERESTS OP SOCIETY. VOL. XXIV-NO. 35. BROOKVILLE, FRANKLIN COUNTY, INDIANA, FRIDAY, AUGUST 15, 1856. WHOLE NUMBER 123L

professional Csrba.

1 M. 0 ,- fiiVKirus a sua i,ri'. irrrt. 1. I ! ri"iiirt, rwniii v Ki I S iTrr in 4 n. I I I r f.- t . It r.i.ik v 1 1 1,. , I i, .1 fill. I...:. June 'M CYMI aUtVJlt,-rroaY ar law u in i iin , hi tHi oU C.Kntjr UJe Saiktlaac, o I i faSlia u n if i J 'M W. lOUOW. - ATTOKMRY ft ( Ol Nl. 1.4JH . I I..1 . U, ,!(., it. , Hall' Bmtuiug , ttrouktlil, lud. 43 LI. WAUL ATTORSBYA COU.1SBL I LAW. Omca, oar Hunri' I.I.OK lu r IM III, m. . EXlXXY.-ArroKJiBV AT LAW r4iMi .i in v.u. Hiiih, Hnxik viii. inj. w tu ll u..wli.jiumH Kl UaeJk, lafcekutl -tr ill ipeltluus, ABiii.nu du-. T KOKAS . WBJTK,-NOTARY PUBI.il . I.uxi, Ixo., II 4 üa(wnil.oni ml w UiMauU.Mil U.ua0 MoUflül Uu.Uie Jon w. irt.n rv Ira aud Uno aeSauWleiltfeuieDlA Ol Uvti, a-uri--,, c. O.'Klc Jua ir noolfc ofth TynerStnr TU. J. W. IM LT.u KU It u- OKI rim 1 nKuüKVIi.L.b.U. AU work jrr..u. I Ho Maja fo UKW Mwu of l lu. I IM- anae-sat If CM tM4 sere plj ol b .u ruwJr Mil rtruiiw. A Lao, Uuuks mI swuuaar) al Ma loweel rvtail pruo, (or eaati. U"MiiH dour Aorta o( Iba old Tvoar Mioro Sclcftci poctrjr. row The rrlbuna. WUMDQM AKD FREMONT tctartiM ton. How Liberty raises ker role, Lit a k Uu oi pal, from uatatn to m, Sad oSara Futaoar to ourchoioe, Faswowr aud Mi cause of Iba Free, Shall we bow ourselves tili In the dost, Skill Bend la ike aepp I iant k nee, , putiinr In hear rn our trust, Row oi for Preesuut aud be Free': Sbsll ear akaahoTHl bo revered with teams, A: i .!. p. r oar infamy bT Or. true to aar foreratbere" rame' Shall wa rot for Fremoatand be Pro? Sbetl Freedom b eai'h as In vain? Shall Kansas he Mied In ber plea? Set aa her from Slavery 'a stal n, Aad Tot for Fremont and be Free! OA.fttrüaX'atlnw, Atctiinann. Shannon, atoM eeise from tholr jubilant tie, 9or DoociBM.ahd Pleri-e. and Kurhanan, Ks'ar ess conquer Premont and the Rree! From the prahrsof the bi-herted West. From the atuanlatas and there, of the aaa, A spirit U rlarnt which tiever hall real, Till with Fremont A neii-'k'l Froo! AOaonmrs poem "Th annern I fMmlni poem." sart the Home Joarnal,"ha iherias; of thetrne metal, and Is aaappliraihl now as wke Yl was written forth pklloeopkT la aoaad, and therefor anirerssl:" Who hall J ml re a man from aataref Wh hall know him by his dresO Paupers may be 8 for prtece. Princes it for something leak. Crwmpled shirt aad dlrv Jarket Maj bceloilieth fnM ore Or the deepest thoughl aad reellntLatla feat ran do no more. Thr are springt of crystal nectar Brer swellins; oat of ,t me: There are purple hods and Sölden, Ridden , crushed and oerrown. Cod. who coo nie by tool,, and dresses, Le and proepen joa nd me; While he relays Uro, lo highest. But at pebbles on the to. fs. apramad aboee hia fallows, OfttrrU hit fellows then; Masters ralert lord, remember That jou meanest hands are men ' Men o. labor, men of fMlinr, Mam by thowwbt and men by fame. Claiming; squsl rieht to aanthine, fa a man 'a ennob Mnr name. There are fram emhr .idered oetntaa, There are lutle weed Had rills, TW are fble loeh-hlrb ilinft , There are cedars on the hiltt, Cod, who eooals by soesl, not station.. l.ees and pneen yon and me; For t aim all rain dlstioctloaa Art aa pebbles on th sea. TofllB bands aloe ar balldera Of a nations wealth and fame; Titled htsla la pensioned, Fed and fattened on the same; By the sweat or others' foreboads, Lieme only to rejoice, Whllo the poor man's et raged freedom, Vainly lirttth up Ita ?0te, Tfwth aadjaatlee are eternal, Boen with lore lines sod light; Secret wro 'g shall nere ' prosper While there la unay olght. God, whoa wort, .beard vote ttaingina; Boundless lof to yoo and at, Sink a Tpoalüon wtth Ita title,. Am the pebbleaon the tea. CAMPAIGN 80X0 8t a. w. lot m . Alk. OW Dm TaekT. i T, Fmawen, from year lum(rt; Relae junrarma aad eonat.tour naaiben; Row's the Urne for detnls of braver, , Freedom (rapples no with Klaery. Caaaee.--Uon with Pontla,, Plerreand Shannon Down with l ,er and Bachanan! Freedom ' traitors tinrtin b ! Long aad long aa ocean targes. la bb balls mt Cowgrees pleading, Ow th Said ol Kan bleed inj. Brother, true as steel, implore as, MJtstae light km) join the chorir." Caw. Down wit Oemarlaa, Pierce. Ac Mark the flag of Wafer' mlniona "Wledeeein rrnu Kre Oplalonn'" "Hwlo f Rain V Toeipactt brtikon' Choke Fre Wpfda before lley're pokee !' ro Down with Oouglae. Plcr -e, Ar . Are we eftwt nl ne w to rait r? Be we nought for freedom's altar hall oar r(.rrea. hy dWIaloa, Reap defeat and bold derista.? Br! aTer! ail are ready! Mwty nlaas Mrehln tawy : Tri aa wr onr sires before eg. Marching steady to Ihe rbnraat Ca Down with Doagla. PVaro, Aa. LATATXH S WABlCTlfO, Treat him little who sVafi raise To th asm high'h hnth rreat an J await, in.l a4stb eeerei! rrnwn af praise, Smiling, eat She head of all. Vnat him V who looks aronn.t . To eeaaara all wHh tromful eyes. As In everything has fonrnl loajnthin he dare desplae. t f i oa who starto apart. tUrr'd by nought ikst caa fcetall. Vllh a cola. Ia41grn i Uoart. Treat hia. least and last of a II.

THE REPORT OK THE Kama Investigating Committee. AFFOIXTBD BY fo.MJKaViS, MAY IS, ISM. ST11TUIS JETELOFMIITS ABTOV5IDIFIO FfAAVDl PROVB.I! One said he cut him poles and laid them in the shape of a square, and that made him a olaim; and another said tbst be had cut him a few sticka of wood, and that made him a flaim The fiee Suto men did not Tote, although ihi v beliefed their numbers to be equal to the pro-ulavt ry settlers, itnd aome claimed that they had the

majority. I he jr were demrrtd by threats throughout by the MissouriAos, before and on the day of election, from putting up csndidatea, and no candi dates were run, for this reason that there was a credited rumor previoüly that the Miaaouriana would control lint-It C lion. The free State Judges were threatened with expulaion trom the poll, and a young man tbruat a pistol into the window through which the votes were received. The whole number of votea CHSt, was 417; of Ihe nanu s on the poll book there were but 62 in the censua rolla, and the testimony shows that a small portion, estimated by one witness at one-quarter of the legal voters voted. Your committee eatimate the number of legal voters at 80. One of the Judges referred to, certified to the Governor that the election was fairly conducted. It was not contested, becsuae no one would take the responsibility of doing it, as it was not considered safe, and that if another election waa had the residente would fair no better. SIXTEENTH DISTRICT. For some time previous to the election, meetings were held and arrange ments made in Missouri to get up companies to come over to the Territory and vote, and the d ay before, and on the day of election, laige bodies of .Ylissouriaiis from Platte, Clay, Ray, Chariton, Carrol, i'llnton and Saline counties, Mo., came into the district and camped there. They were armed with pistols and bowie-knives, and tome with guns and liflVs, and had h ide of hemp in their bu'ton holes and elsewhere about their persons. On the morning of tbe election there were from 1.UUÜ to 1,400 persons present on the ground. Previous to row eleetion, Miiuuiri..n endtrdvoreH to persuade the two free State Judges to resign by making threats of personal vioJenre to them, one of whom resigned on the morning of election, and the crowd chose an other to fill his place. Bui 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 offered to vote, but that all on the ground were entitled to vote. Tbe only votes refused were some Delaware Indians, some thirty Wyandotte Indians being allowed to vote. One of the Free-State- candidates withdrew in consequence of the presence of the Missourisns, amid cheering and acclamations by the Missourians. During the day the steamboat "New Lucy" came down from Western Missouri with a large number ot Missourians on board, who voted and then returned on tbe boat. The Miasourians gave as a reason for their coming over to vote, that tbe North had tried to force emigration ir.to the Territory, and they wanted to counteract the movement. Some of the candidates and many of tbe Missourians took the ground that under toe Kansas-ieDraska act all who were on the ground on the day of election were entitled lo vote, and others, that laying out a town, staking a lot or dri ving down stakes, even on another man's claim, gave them a right to vote. And one of the members of the Council, R. H Rees, 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; and no newly arrived Eastern emigrants w re there. The Free-State Judge of Election refused to sign the returns until the words "by lawful resident voters" were stricken out, which was done, and the returns made in that way. The election wa. contested, and a new election ordeied by Gov. Reeder for the 'J 2d of May. The testimony it divided as to the relative strength of parlies in this district. The whole number of voters in the district, according to the census returns, was 285; and, according to a carefully prepared list of voters, prepared for the Pro Slavery candidates and other Pro Slavery men a few days previous to the election, there were KM voter, in the district, including i i k . .hr, K-i -I.; K..t on them. The whole'numbrr of votes cast waa 964. Of thew named in the censua 106 voted. V nr committee. upon caieful examinau.i, are satisfied hat there were not over 160 leifal votes cast, leaving UI4 illegal voles. SIVEaTKXNTH DISTilCT. The election in tbia district aeema to have been fairly conducted, and not "intesled at all. In this district the Pro-Slavery party had the majority. KIOHTBKXTH DI8TBICT. Previous to the election Gen. David R. Atchison, of Platte City, Mo., goi e as- I up a company 01 Mis-soucians, sou pAssing through Weston, Al'ssouri, went over inio the Territory. He remained all night at the house of -, nd lii n exhibited bis arms, of which he had an abundance. He proceeded .o the Nemohaer, (eighteenth) dit riet. On hia way he and bin part) utmded a nominating convention in he Fourteenth district, and propoted wid enured to be nominated a set of candidates in oppocition to the wishes t the Pro-Slavery residents of the district.

At that convention he said that there were eleven hundred men coming over from Platt county, and if that wasn't enough they coirfd send 6,000 more that they came to vote, and would vote, or kill every 0 d d d Abolitionist in the Territory. On the day of election the Missourians under Atchison, who were encamped there, came up to tbe polls in the Eighteenth district. The Miasourians were all armed with pistols or bowie-knives, and said there were sixty in their company. But 17 votes given on that day were given by residents of the district. The whole number of votes was 6t . R. L. Kirk, one of the candidates,

came into the district from Missouri about a week before the election, and boarded there. He left after the election, and was not at the time a legal resident of thedistriot in which he was elected. No protest was sent to the Governor, on account of threat made against any who should dare to contest the election. The following table exhibits the legal and illegal votes cast at the 30th of March election for Legislative members, Ac. Want of space compels as to omit this table as well at several long ones following it. The body of the report exhibits tbe totalt in all cases Your Committee report the following facts not shown by the tablet: Of the twenty-nine hundred and five voters named in the census rolla, eight hundred and thirty-one are found on the poll books. Some of the settlers were prevented from attending the election by tbe dittanee of their homes from ibe pol's. but the irreat 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 to appear and control the election. The same causes deterred tbe Free State settlers from running candidates in several distiicts, and in others induced the candidates to withdraw. The poll boil-s of the lid and VHtb Districts were lost, but the proof is quite clear that in the lid District there were thirty, and in the Vllth 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 vote of 1,310. showing a discrepancy of 412. The discrepancy is accounted for in two ways: First, the coming in of settlers before the March election, and after the census was taken, or settlers who were omitted in the census; or secondly, the disturbed state of tbe Territory while we were investigating the elections in some of the districts, thereby preventing us from getting testimony in relation to the names of legal voters at the time of election. If the election had been confined to the actual settlers undeterred by the presenceof non-residents, or theknowl edge that they would be present in numbers sufficient to out-vote them, the testimony indicates that the Council would have been composed of seven in favor of making Kansas a Free State, electel from the 1st, lid, Hid, IVth. and Vllh Council Districts. The result is tbe Vllth and Xtb, electing three members, would have been douStful. and the Vtb. VII and IXth would have elected three Pro-Slavery members. Under like circumstances the House of Representatives would have been composed of fourteen members in favor of making Kansaa a Free titte, elected frnm the lid, Hid. IV. Vlh, VII. Vlllth. IXih. and Xth Representative Districts. The result in the Xllth and XlVth Representative Districts, electing five members, would have been doubtful, and the 1st, Vlth. Xlth and XVth districts would have elected seven ProSlavery members. By the election, as conducted, the Pro-Slavery candidates in every district but the Vlllth representative district received a majority of the votes; and several of them, in both the Council and House, did not "reaide in" and were not "inhabitants of" the district for which they were elected, as required by tbe 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 regulate their domestic institutions in their own way, subject to ihe Constitution of the United Slates." So careful was Congress of the right of popular sovereignty, that to secure it to ibe people, without a single petition from any portion of the country, ihey removed the restriction against Slavery imposed by the Missouri ComPrcJmiw' And yet this right, to carefully secured, waa thus by force and frau,J overthrown by a portion of the Peop adjoining StAte. Tbe atriking difference between thia ! Republic and other Republict on this Continent is not in the provisions of Constitutions and lawa, but that here changet in the administration of those lawa nave been made peacefully and uuiellv through ihe ballot box This invasion is the Brat and only one in the history of our Govtrnment, by which an organised force from one State hat elected a Legi mire for another State or Territory, and as such it should have been resitted 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 Governor of the Territory with ample power for this purpose. They could only aot after receiving authentic information of the facts, but when received, whether before or after the certificates of election were granted, thiapower should have been exercised to its fullest extent. It is

not to be tolerated that a legialativ body thus elected should assume or exercise any legislative functions and their enactments should be regarded as null and void; nor should the question of its legal existence as a legislative bodv be determined by itself, as that would be allowing tbe criminal lo judge of his own crime. In section 22, of the orgtoio aot, it it provided that "the persons having the highest number of legal votes in each of said Council Districts for membert of the Counoil shall be declared by the Governor to be duly elected to tbe Council, and the persons having the highest n'tmber of legal votes for the House of Representative!, thall be declared bv the Governor duly elected members of aaid House." The proclamation of the Governor required a verified notice of a a .a

a cosiest, when one was made, to be tiled with him within four days after the election. Within that lime he did not obtain information as to force or fraud in any except the following dis tricts, and in these there were material defects in the returns of election. Without deeiding upon bit power to tt aside elections for force and fraud, they were set aside for the following reasons: In the ltt 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 nut authorized to administer an oath. Id the 3d District, because material erasures from the printed form of the oath were purposely made. In the 4ih District, for the same reason. In the 7th District, because the Judges were not tworn at all. In the 1 1th District, because the returns show the election to have been held viva voet instead of by ballot. In the 16lh District, because the words, "by lawful residents" were stricken from the return. ABSTRACT OY THC RKTt'R.VS OF TUB XLBCTI0B OF MAT 22, 1855.

W. af Tiaras of Pro-Slavery F. 8. District. voUng .Votes. Vote. Seat. ToUl. I..Larcec.... 9 18 306 H.. Douglas W7 17 Ilf..Ktlnsona 148 1 14 VI I.. 44 1 to." OS 13 79 VIU ..Coeo'IOroe - 33 31 XVI. .Leavenworth 560 140 IS 715 Tout 560 803 47 14US Alihough the fraud and force in

other districts was equally great as in these, yet as the Governor had no information in regard to tbero, he issued certificates according to tho returns. Your Committee here felt it to be their duty not only to inquire into and collect evidence in regard to force and fraud attempted and practiced in tue Territory, but also into the facts and pretexts by which this force and fraud liad been excused and justified, and for this purpose your Committee have allowed the declarations of non-resident voters to be given as evidence in their own behalf; also the declarations of all who came up the Missouri River as emigrants in March, 1855, whether they voted or not, and whether they 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 bitting Delegate; is of this character. When the declaration of parties passing up tbe river were offered in evidence, your Committee received them upon the distinct statement that they would be excluded unless the persons making the declarations were by other proof shown to have been connected with the elections. This proof was not made, and, therefore, much of thit class of testimony is incompetent by the rules of law, but is allowed to remain as tending to show the cause of the action of the citizens of Missiouri. The alledged cause of the invasion of March, 1855, are included in the following charges: I. That the New England Aid Society of Boston, was then importing into the Territory targe numbers cf men, merely for the purpose of contiolling the elections. That they came without women, children or baggage, went into the Territory, voted, and returned again. II. That men were hired in the Eastern or Northern Slates, or induced to go to the Territory, solely to vote, and not to settle, and by so doing to make it a Free State. HI. That the Governor of the Territory purposely poatponed the day of election to allow this emigration to arrive, and notified the Emigrant Aid Society, and persons in ihe Eastern Statet, o( the day of election, before he gave notice to the people of Missouri and the Territory. That these charges were industriously circulated; that grossly exaggerated statements were made in re gard to them; that the newtpaper 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 lo litem, and thus excited the people, and induced many well meaning citizens nf Missouri lo march into the Territo ry to meet and repel the alleged Eas tern paupera and abolitioniata, Is fully proven by many witnesses. But these charges are not sustained by tbe proof. In April, 1854, the General At as a W 1 mti sembly ot Massachusetts passed an act entitled "An act to incorporate the Massachusetts bmigrant Aid So ciety." The object of the 8ociety, as declared in tbe brst section of this act, was "for the purpose of assisting em igrants to settle in tbe West." The moneyed capital of the corporation was not to exceed five millions of dollars, but no more then four per cent, could be assessed during the year 1854, and no more than ten per cent, in any one year thereafter- No organization was perfected, or proceedings had, under this law. On the 24th day of July, 1854, cer

tain persons li Boston, Matt., concluded articles of agreement and aseocia (ion for aa Emigrant Ahl Society. The purpose of this association was declared to be "assisting emigrants tn settle in the West." Uoder thesg articles of association each stockholder was individually liable. To avoid this diffi

culty, an application was ma le to the General Assembly of Massachusetts for an aot of incorporation, which was granted. On the list of February, 1 665. an act wae patted to incorporate the New England Emigrant Aid Company. The purpose of thit aot were declared to be "directing emigration westward, and aiding and providing accommodation for the emigrants after arriving at their place of destination' The capital stock of the corporation waa not to exceed one million of dollars. Under this charter a eoenoanv waa organised. Your committee have examined some of its officers, aad a pot lion of ita circulars and records to ascertain what hat been done by it. The public attention at that time was directed to the Territory of Kansas, and emigration naturally tended in that direction. To ascertain its character and resour ces, tbia Company sent its agent into it, and the information thus ob tuned was published. The Company mad arrangements with various lines of transportation to reduce the expense of emigration into the Territory, and procured tickets at the reduced rates. Applications were made to the Company by persons desiring to emigrate, and when they were numerous enough to form a party of convenient sise, tickets were sold to them at the reduced rates. An agent acquainted with the route waa selected to accompany them. Their baggage wascbecked. and all trouble and danger of loss, to the emigrant was in this way avoided. Under these arrangements, companies went into the Territory in the Tall of 1 854, under the articles of Associa tion refer rod to The Company did not pay any portion of the fare, or furnish any personal or real property to the emigrant. 1 he Company during 1855, sent into the Territory from eight to ten aaw mills, purchased one hotel in Kansas City, which they subsequently üld built one hotel at Lawrence, and owned one other building in that place. In some cases, to in due them to make improvements, I town lots were given to them by town! ' - t L.:. T : . ti i Kwiiiniiiiin tn iiii:t ixrnmrj . x HCT held no property of any other kind or discription. 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 tbe expense incident to all organisations, was less than, 9100.000. Their purposes, as far as your Committee can ascertain, were lawful, and contributed to supply those wants most experienced in the settlement of a new country. The only persons or company who emigrated into the Territory under th auspices of the Emigrant Aid Society in 1855, prior to the election in March, was a party of 159 persons who came under tbe charge of Charles Robinson. In this party there were 67 women and children. They came as actual settlers, intending to make their homes in the Territory, and for no other purpose. They had about their persons but little bfggage; usually sufficient clothing in a carpet sack for a short time. Their personal effects, such as clothing, furniture, Ac, was put into trunks and boxes; and for convenience in selecting, and cheapness in transporting, was marked "Kansas party baggage, care B. Slater, St. Louis." Generally this was consigned as freight in the usual way to the care of a commission merchant. This party had, in addition to the usual allowance of one hundred pounds o each passenger, a large quantity of baggage on which the respective ow ners paid the usual extra Ireiglil. Each passenger or psrty paid his or their own expenses; and the onlv ben efit they denved from the Society, not hared by all the people of tho Tern.a a a as afAvaffe a tory, was the reduction ol "Oout 7 in the price of the fare, the convenience of traveling in a company instead of alono, and the cheapness and facility of transporting their freight through regular agents. Subsequently, many emigrants, being either disappointed with the country or its political condition, or deceived by tbe statements made by the newspapers and by lb agents of the Society, became dissatis fied, and returned, both before and after the election, lo their old homes. Most of them are now settlers in the Territory. Some few voted at the election in Lawrence, but the number was small. The names of these craiirrarta have been ascertained, and some of tbem were found upon the poll books. This company oi peaceful emigrants, moving with their household goods, wal distorted into an invading horde of pauper Abolitionists, who were, wiin others of a similar character, to control the domestic inatitutione of the Territory, and then overturn those of a neighboring powerful State. In regard to the aeoond 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 at 500 persons, including men, women and children. They came on steamboats up the Missouri River, in the ordinary course of emigration. Many returned for causes similar to those betör stated, but the body of ihe.ni are now residents. nie only persons oi those who were connected by proof s in i a a with the election were some who voted at the Big Blue Precinct in the Xth District, and at Pawnee in the IX th Dis'rict. Their purpose and charac

ter are stated in a former part of litis report. The third charge is entirely groundleas. The organie law requires the Oovernor to cause an enumeration of

th inhabitants and legal voters to be made, and that he apportion the members of the Council and House accor ding to ibis enumeration. For reasons suited by persons engaged in taking the census, it was not completed until lb early part of March, I860. 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 biought in, he issued his procla mation for an election, and named the earliest day consistent sriih due notice as the day of election. The day oc whioh the election was to be held was a matter of conjecture all over the country. But it was generally known that it would be in tbe Utter part of March. Th preoiae day waa not known by any one until the proclamation issued. It was not known to the agents of the Emigrant Aid Society In Boston on the 13. h of March, 1856. when the party of emigrants before referred to. left. Your Committee are satisfied that these charges were made the mere fire text to induce an armed invasion nto the Territory, aa a means to eon trol the election and establish Slavery tber. The real purpose is avowed and illustrated by the testimony and conduct of Col. John Scott, of St. Joseph's Missouri, who acted as tbe attorney for the sitting delegates before your Committee. The followiog are ex tracts from his deposition: "Prior to the election in Burr Oak precinct, in the XlVth district, on the 20th of November, 1864, I had been a resident of Missouri, and I then de lermined, if I found it necessary, to become a resident of Kansas Territory. On the day previous to that election I settled ray boarding boose, in St. Joseph's, Missouri and went over to the Territory, and took boarding with Mr. Bryant, near whose hots the polls were held the next day, so that I might have it in my power, by merely determining to do so, to become a resident of the Territory on the day of election. "When my name was proposed as a jutlge of election, objections were made by two persons only. I trwn publicly informed those present that I had a claim in the Territory, that I had taken board in the Teiri tory for a month, and that I could at any moment become an actual resident and legal voter in the Territory, and that I would do so if I concluded at any tune during the d iy that my vote would be necessary to carry that precinct in favor of the Pro-slavery candidate for delegate to Congress. I did not during the day consider it necessary to become a resident of tbe Territory for the purpose mentioned, and did not vote or offer to vote at that election. "1 held tbe office of City Attorney for St. Joseph at that time, and held it for two or three years previously; and continued to hold it until this Spring. I voted in an election in St. Joseph's in thespriag of 1855, and was re-appointed City Attorney. The question of Slavery was put in issue at the election of November, 1854, to the same extent as in every election in this Territory. Gen. Whitfield was regarded as the Pro Slavery candidate for the Pro-Slavery party. I regarded the question of Slavery as the primary prominent issue at that election, and to far as I know all parties agreed in making that question tho issue of that election. "It is my intention, and the intention of a great many other Missourians now resident in Missouri, whenever the Slavery issue is to be determined upon by the people of this Territory in the adoption of the State Constitution, to remove to this Territory in time to acquire the right to become legal voters upon that question. The leading purpose of our intended removal to the Territory is to determine the domestic institutions of this Territory, when it comes to be a State, and we would not come but for that purpose, and would never think of coming here but for that purpose. I believe there are a great many it Missouri who are so situated.' The Invasion of March 30lh left both parties in a state of excitement, tending directly to produce violence. The successful party was lawless and reckless, while assuming the name ot the "Law and Order" party. The other party, at first surprised and confounded, was greatly irritated, and some resolved to prevent the success of the invasion. In some districts, at before stated, protests were sent to the Governor; in others this was prevented by threats: in others by the want ot time, only Tour days being allowed by the proclamation for this purpose: and in others by the belief that a new election would bring a new invasion. About the same time, all classes of men commenced bearing deadly weapons about the person, a practice which has continued to this time. Under these circumstances, a slight or accidental quarrel produce I unusual violence., and lawless acts became frequent. This evil condition of the public mind was further increased by acts of violence in Western Mis souri, where, in April, a newspaper press called "The Parkville Luminary." was destroyed by a mob. About the same time Malcolm Clark assaulted Cole McCrea at a S juatter meeting in Leavenworth, aad was shot by McCrea in alleged self-defence. On the 17th day of May, William Phillips, a lawyer of Leavenworth, was first notified to leave, and noon bis refusal, was fo.cibly seised, taken across the river and carried several miles into Missouri, and then tarred and feathered, and one side of his beadj

shaved, aad other gross indignities put

on his pereoo Previous to the outrage, a public publio meeting waa held, at whioh resolutions wars unanimously passed. looking to unlawful violence, and grossly intolerant to their character The right of free speech upon tbe -object of slavery was characterised as a utttorbanee of the peace and quiet of the oommunity, aad a "eir. a lating itcandiary sentiments." " by say to "the peculiar friendu of North era fanatics," Go bom and do your treaton where you may find sympathy." Among other resolves is the follow ing: Resolved, That tbe institution of Slavery Is known and recognised in this Territory ; that we repel tbe doetria that it Is a moral aad political evil, aad we hart bank with scorn upon its slanderous authors tie charge of inhumanity; and ws wsra all persons not to come to our peaceful fireside to slander ns and sow the seeds of discord between the master and the servant; for, aa mochas we dep recate the necessity to which we may be driven, we cannot be responsible for tbe consequences, aa mi als A Committee of Vigilance of SO men was appointed "to observe aad report all such persons as shall by the expression of Abolition sentiments produce disturbance to th Juiet of the eititent, or danger to their omeatic relations ; aad all such persons so offending shall be notified and made to leave the Territory." The meeting was "ably and eloquently addressed by Judge Lecompte Col. J. N. Bums of Western Missouri, aad others." Thus ihe head of the Judieiary in tbe Territory not only assisted at a public and bitterly partisan meeting, whose direct tendency was to produce violence 'and disorder, bat before any law ia passed in the Territory he prejudges the char acter of the institutions, which tue people of the Territory were b; their organio law, "left perfectly free lo form and regulate in their ewn way." On this Committee were several of those who held certificates of election as members of the Legislature some of the others were then and still are residents of Missouri, and many of the Committee have since been appointed to the leading officers in tbe Territory, one of which is the Sheriffalty of the county. The'r first act was that of mobbing Philips. Subsequently, on the 25th of May, A. D. 1855, a publio meeting was held, at whioh R. R. Rees, a member elect ot the Council, presided. Ihe following resolutions, offered by Judge Payne, a member elect of the House, were unanimously adopted : "Resolved, That we heartily indorse the action of the committee of citisens that shaved, tarred and feath ered, rode on a rail, and had sold by a negro, William Phillips, the moral perjurer. , Resolved, That we return our thanks to the committee for faithfully performing the trust enjoine i upon them by the Pro -Slavery party. 'Resolved, Thst the committee be now discharged." "Resolved, That we severely condemn those Pro Slavery men who, from mercenary motives, are calling upon the Pro-Slavery p trty to submit without further action. "Resolved, That in order to secure peace and harmony to the community, we now solemnly declare that the Pro-Slavery party will stand firmly by and carry oat the resolutions reported by tbe committee appointed for that purpose on the memorable 30th." The act of moral perjury here re ferred to, is tbe swearing by Phillips to a truthful protest in regard to thelection of March 30, in the XV Iih District. The members receiving their certifi cates of the Governor as members of the Generaly Asseiuly of the Territo ry, met at Pawnee, the plans appoint ed by the Governor, on the 2d of Ju ly, A. D. 1855. I heir proceedings . . 1 . . 1 J I 1 are stated in tnree pnnteu books, herewith submitted, entitled respec tively, "The Statutes of the Territo ry of Kansas;" "The Journal of the Council of the Territory of Kansas," and "The Journal of toe House of Representatives of the Territory of Kansas." Your Committee do not regard their enactments as valid laws. A Legisla ture thos imposed npon a people cannot affect their political rights. Such an attempt to do so, if auccesstul is virtually aa overthrow ol tbe organic law, aad reduces tbe people of the Territory to the condition of vassals to a neighboring Slate. To avoid the evils of anarchy, no armed or organi sed resistance to tbem should be made but the citixens should appeal to the ballot-box at public elections, to the Federal Judiciary and to Congress for relief. Such, from tbe proof, would have been the course of th people but for the nature of these enactments and the manner ia which they are enforced. Their character and their ex eeution have been so intimately eon nected with one branch of thia investigation that relating to "violent and tumultuous proceedings in the Territory that we were compelled to examine tbem. The "laws" in the statute book arc general and special; the latter are strictly of a local character, relating to bridgea, roals, and the like. The great body of the general laws are exact transcripts from the Missouri Code. To make them in some cases conform to the organie act separate acts were pateeed defining the meaning of words. Thus th word "State" to to b ander stood aa meaning "Territory," the word "Countv Court" shall be con atrued to mean tbe Board of Commia ttoners transacting county bosiness, or the Probate Court, according to the intent thereof. Tbe words "Circuit;

1 Court" to mean "District Oasart

Ihe malarial differences ia the Mis souri and Kansas statutes are upon tbe following subjects: The qualifications of voters and of members of the Legislative Assembly; the oflcisi oath of Jl officers, attorneys and voters; th mod of selecting officers and their qualifications; the slave code; and the qualifications of jurors Upon these subjects the provisions of the Missouri Cod ar each aa are aa -at , usual in many of tbe States. But by tbe "Kansas Statute." aver oAee in tbe Territory, executive and judicial, was to be appointed by the legialature, or by some officer appointed by it. These appointments were not merely to meet a temporary exigency, but were to bold over two regular elections and intil after the general election in October, 1857, at which tbe members of the aaw Council were t be elected. The new Legislator is required to meet oa the first Monday in January, 1858. Thus by the terms of "Laws," the people have no control whatever over the Legislature, lb Executive, or the Judicial departments of the Territorial Government will be superceded by a State Government. No session of the Legislature is to be bald during I860, but the members of tbe House ar to be elected ia October of that year. A candidate, to be eligible at this election, must swear to support the Fugitive Slave Law. and each judge of Election, and each voter, if challenged, must take the same oath. The same oath is required of every officer elected or appointedin the Territory, and of every at lorney admitted to practice in the courts. A portion of ibe militia is required to muster on the day of election "Every free white malecitisetw of the United States, and every free male Indian who is made a citizen by trea ty or otherwise, and over the age of twenty-one years, and who shall be an inhabitant of the Territory and of the County and District in which he offers to vote, and shall have paid a Territorial tax, thall be a qualified elector for all elective offices " Two classes of persons were thus excluded who by the organic act were allowed to vote, viz: those who would not swear to the o tth required, and those of foreign birth who had declared on oath their intention to become citixens. Any man of poper age who wae in the Territory on the day of election, and who had paid one dollar as a tax to the Sheriff, who was required to be at the polls to receive it, could vote as an "inhabitant," although he had breakfast in Missouri and intended to return there for supper. There can be no doubt that this unusual and unconstitutional provision was inserted to preveut a full and fair expression of i

the popular will in the election ofHamatioa of Gov. Reeder for the e4eeraembers of tbe House, or to control tion of March 30, 1855. it by non residents. Here follows a narrative nf the All Jurors are required to be select- j steps takes to the election. ed by the Sheriff, and "no person who Accordingly an election was held is conscientiously opposed to tbe bold-1 for tbe 15th day of December, 1855. ing of slaves, or who does not admit ! in compliance with the proclaajAtion the right to hold slaves in the Terri- j issued by the Executive Committc. tory, shall be a Juror in sny cause" j and an abstract of tbem is contained effecting the right to hold slaves or' in the following table relating to slave property. f We give the footings only. Tbe Slave Code, aad every provision Abstract of the election on th relating to slaves; are of a character i adoption of the state constitution, Deis tolerant and unusual even for that ! eember 16, 1865. class of legislation. Tbe character General Exclusion No. of sod conduct of the men appointed to Consti Banking of Negroes votes bold office in tbe Territory contribu- ' tutioa. Lew. and Mulatto, cast ted very much to produce the events Tee. No. Yes. No. Yes. No

which followed. Thus. Samuel L Jones was appointed Sheriff of the County of Douglas, which iucluded , within it the 1st and ?d Election Districts. He had made himself pecu-' liarlv obnoxious lo the settlers by his ! conduct on the 30th of March in the 2d District, and by his burning the cabins)of Joseph Oakley and Samuel! Smith. An election for delegates to Con- i sresM, tobe held on the 1st day ol Octobei, 1856, wat provided for with the same roles and regulations as were ! applied to other elections. Th Free

btate men look no part in tots election them is contained in the following tahaving.made arrangements for holding ; ble: an election on the fifth of the same: f We omit the table aa we have pnbmonth. The citixens of Missouri at- j lished the result of that election heretended at the election on tbe 1st of ' tofore.l

October, some paying the dollar tax, others not being required to pay it, They were preset and voted al the voting places of Atchison and Dotniphan in Atchison county: and Green springs, Johnson county; at wii at Willow I Springs, rranaun and Liecompte, ia Douglas county; at Fort Scott, Bourbon county; at Baptist Paola, Lykins county; where some Indians voted, some wh'tes paying the dollar tax for i hem; at Leavenworth City and at Kickapoo City, Leavenworth county; at the latter place under the lead of Col B. F. Slriagftllow and Col. Lewis Barnes of Missouri. From two of the election preciate at which it waa alledged there was illegal voting yix; Delaware and Wyandotte, your Committee failed to obtain the attendance of witnesses. Your Committee did not deem it necessary, in regard to this election, to enter into details, as it was manifest that, from there being but one candidate Gen. Whitfield he must have received a majority of the voles cast. This election, therefore, depends not upon the number or character of the votes received, but upon the validity of the laws ander which it was held. Sufficient testimony was taken to show that the voting of citixens of Missouri was practiced at this election, as at all former elections in the Territory. Tbe following table will exhibit the result of the testimony as regards the number of legal and illegal voter at this election. The county of Marshall embraces the same territory ss wss included in the 1 1 th District ; and the reasons before stated indicate that the great majority of the votes then asi were either illegal or fictitious. In the counties to which our investigations extended,

i were illegal votes ejL aa as th proof witl enable a todnear (ermine. The ab-lrsxt J poll books for the election of October 1, 1865, her sallows, bat (be snave t which we are iieeeasarily lestrieted ia making up the form of oar paper eeaspels aa to tisait it. with si) oft, of aaylMgtkf Whib these eaectananto of L Ü. j leged Legislative ft etfbli wet biias made, a taismeaf ansa saWAStaaad to I a a eawsss V V torn a Stale ttewernaaent aad tvoply for admission into tbe Uaioa as a Blot. The first stew taken by tbe people af th Territory, in trjarati of the invasion of March 30, 1856, wae tbe circulation, for signal re, a a graoh ie and thrathful rnetaorial to Ooagrcee Your Committee f nd that every allegation in this memorial baa beea sos tamed by Us testimony. Ho further stop was taken, as it was hoped that some action by tbe General Govern -meat would protect them in their rights Wbn lb alleged Legislative Assembly proceeded to con street Use serieb of enactments referred to, the settlers were of opinion that sabssresioe to them would recall ia depnvreg them of the right secured to taet bv the organic law. Their political condition was freely duwaasad in the TcrriUry during the summer wf Hi 54. Se rai meetings were bead ia isAisaoe as holding a Conveatkm to form a State GoveraiBfsal and to apply for admission into the Unio a s Stale. Fab at afkl . he opinion gradually settled lo favor of such an application to tlte Conff res to meet ia December. 1855. Tbe first general meeting was held ia Lawrence on the 16th of August, 1&&6. uiher meetings were held kB vanous parts of tbe Terntorr. wksah indorsed tbe action of the Lawrence meeting, and detcratea were selected in compliance with ita reoomsaandntions. They met at Topcka oa th 19fh day of September, 1855, Bj their resolutions they provided for the appointment of an Executive Coavaaiie, to consist of seven persona, who ware required to "keep a record of their pro ceediags, and shall have a general s periBteadeace of th affair of the Territory, so far aa regards th organisation of tbe 8tete Government." They were required to take step for an election to be held on tbe second Tuesday of the October folbwiog, under regulations imposed by that Committee, "for members of a Convention to form a Constitntion, adopt a Bill of Rights for the people of Kansas, and take all needful aWasMras for organising a State Government, preparatory to tbe admission of Kansas into tbe Union es a State." The rutos prescribed were such at usually orem elections in most of tbe States of . 1 w sr a tne union, and in most respects were similar to those contained ia tbe urve 17.5146 N. B. 1120 564 , 287 453 1778 Poll book at Leavenworth was destroyed. The Executive Committee then le sued a proclamation reciting the resuits of the election of the 15th of December, and at tbe e time provided for an election to be held on tbe 15th day of January, 1856, for state officers and members of tbe General Assembly of tbe State of Kansas. An election was accordingly held ia the several election precincts, ihe re turns of which were sent to the Executive Committee. Aa abstract of ibe result or this ejection was aano u need by a r roclamation by the Ex eeutive Comer rttee. In accordance with tbe Constitution thut adopted, the members of the State Legislature and most of th State officers met oo the day, and at the place designated by tbe State Constitution, aad took the oath therein prescribed. After electing United States Senators, passing some preliminary lawn, and appointing a Codifying Committee and preparing a Memorial to Cere, the General Assembly adjourned to meet on the 4th day ot July, 1861. The lawa passed were all conditional upon the admission of Kansas as State into the Uaioa. These pre teed ing were regular and ia the oeiaeoa of your Committee the Coasiitotiot thus adopted fairly expresses the will of the majority of tbe settlers. Tby ow await tbe action of Congrats ipon their Memorial. Tbeae elections, whether they ware conducted in poisuance of law or not, were not illegal. Whether the result of them is sanctioned by tbe action of Co agrees, or they are regarded aa th mere expression of popolar will, rnd Osjt grass should refuse to grant the prayer of the Memorial, cannot Bitot their legality. The right of tbe people to aseemble and express their pOTeal opinions in any iotas, sstvaai wy means of aa election or a eowtaBtioi is secured to tbem by the Coaenitn tion of tbe United Staiee. Braa If the elections are to be Wtfsvrfswfl as mtt act of a party, whether poiHtonl ar otherwise, the? war proper, al encord ance with examples, both i (Concluded on 44 Boje,)

there