Accordingly, an election was held for that purpose on the 15th day of December, 1855, in compliance with the proclamation issued by the Executive Committee. The returns of this clection were made by the Executive Committee, and an abstract of them is contained in the following table:

ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE
STATE CONSTITUTION, DEC. 15, 1855.

legislative assembly. Andrew H. Reeder was put in nomination as Territorial delegate to Congress, and an election was provided for under the regulations prescribed for the election of March 30, 1855, excepting as to the appointment of officers, and the persons to whom the returns of the elections should be made. The election was held in accordance with these regulations, and A. H. Reeder received 2,827 votes.

The resolutions passed by this convention indicate the state of feeling which existed in the Territory in consequence of the invasion from Missouri, and the enactments of the alleged legislative assembly. The language of some of the resolutions is violent, and can only be justified either in consequence of the attempt to enforce

had attended the meeting. Your Committee have deemed it proper to detail the particulars of this rescue, as it was made the groundwork of what is known as the Wakerusa War. On the same night of the rescue, the cabins of Coleman and Buckley were burned, but by whom, is left in doubt by the testimony.

On the morning of the rescue of Branson, Jones was at the village of Franklin, near Lawrence. The rescue was spoken of in the presence of Jones, and more conversation passed between two others in his presence, as to whether it was most proper to send for assistance to Col. Boone, in Missouri, or to Gov. Shannon. Jones wrote a dispatch and handed it to a messenger. As soon as he started, Jones said: "That man is taking my

the grossest acts of tyranny, or for the purpose of guard- dispatch to Missouri, and by G-d I'll have revenge ing against a similar invasion in future.

In the fall of 1855, there sprang out of the existing discords and excitement in the Territory, two secret Free-State societies. They were defensive in their character, and were designed to form a protection to their members against unlawful acts of violence and assault. One of the societies was purely of a local character, and was confined to the town of Lawrence. Very shortly after its organization, it produced its desired effect, and then went out of use and ceased to exist. Both societies were cumbersome, and of no utility except to give confidence to the Free-State men, and enable them to know and aid each other in contemplated danger. So far as the evidence shows, they led to no act of violence in resistance to either real or alleged laws.

before I see Missouri." A person present, who was examined as a witness, complained publicly that the dispatch was not sent to the Governor; and within half an hour one was sent to the Governor by Jones, through Hargous. Within a few days, large numbers of men from the State of Missouri gathered and encamped on the Wakerusa. They brought with them all the equipments of war. To obtain them, a party of men under the direction of Judge T. V. Thompson broke into the United States arsenal and armory at Liberty, Missouri, and after a forcible detention of Captain Leonard (then in charge), they took the cannon, muskets, rifles, powder, harness, and indeed all the materials and munitions of war they desired, some of which have never been returned or accounted for.

The chief hostility of this military foray was against the town of Lawrence, and this was especially the case with the officers of the law,

Your Committee can see in the testimony no reason, excuse, or palliation for this feeling. Up to this time, no warrant or proclamation of any kind had been in the hands of any officer against any citizen of Lawrence. No arrest had been attempted, and no writ resisted in that town. The rescue of Branson sprang out of a murder committed thirteen miles from Lawrence, in a detached settlement, and neither the town nor its citizens extended any protection to Branson's rescuers. On the contrary, two or three days after the rescue, S. N. Wood, who claimed publicly to be one of the rescuing party, wished to be arrested for the purpose of testing the Territorial laws, and walked up to Sheriff Jones and shook hands with him, and exchanged other courtesies. He could have been arrested without difficulty, and it was his design, when he went to Mr. Jones, to be arrested; but no attempt was made to do so.

It is obvious that the only cause of this hostility is the known desire of the citizens of Lawrence to make Kansas a Free State, and their repugnance to laws imposed upon them by non-residents.

On the 21st day of November, 1855, F. M. Coleman, a Pro-Slavery man, and Charles W. Dow, a Free-State man, had a dispute about the division line between their respective claims. Several hours afterward, as Dow was passing from a blacksmith shop toward his claim, and by the cabin of Coleman, the latter shot Dow with a double-barreled gun loaded with slugs. Dow was unarmed. He fell across the road and died immediately. This was about 1 o'clock, P.M. His dead body was allowed to lie where it fell until after sundown, when it was conveyed by Jacob Branson to his house, at which Dow boarded. The testimony in regard to this homicide is voluminous, and shows clearly that it was a deliberate murder by Coleman, and that Harrison Bulkley and a Mr. Hargous were accessories to it. The excitement caused by it was very great among all classes of the settlers. On the 26th, a large meeting of citizens was held at the place where the murder was committed, and resolutions passed that Coleman should be brought to justice. In the meantime, Coleman had gone to Missouri, and then to Gov. Shannon, at Shawnee Mission, in Johnson County. He was there taken into custody by S. J. Jones, then acting as Sheriff. No warrant was issued or examination had. On the day of the meeting at Hickory Point, Harrison Bradley procured a peace warrant against Jacob Branson, which was placed in the hands of Jones. That same evening, after Branson had gone to bed, Jones came to his cabin with a party of about 25 persons, among whom were Hargous and Buckleyburst open the door, and saw Branson in bed. He then drew his pistol, cocked it, and presented it to Branson's breast, and said, "You are my prisoner, and if you move I will blow you through." The others cocked their guns and gathered round him, and took him prisoner. They all mounted and went to Buckley's house. After a time, they went on a circuitous route toward Blanton's Bridge, stopping to "drink" on the way. As they approached the bridge, there were thirteen in the party, several having stopped. Jones rode up to the prisoner and, among other things, told him that he had "heard there were one hundred men at your house to-day," and "that he regretted they were not there, and that they were cheated out of their sport." In the meantime, the alarm had been given in the neighborhood of Branson's arrest, and several of the settlers, among whom were some who had attended the meeting at Hickory Point that day, gathered together. They were greatly excited; the alleged injustice of such an arrest of a quiet settler, under a peace warrant by "Sheriff Jones," aided by two While we remained in the Territory, repeated acts of men believed to be accessory to a murder, and who were outrage were committed upon the quiet, unoffending citiallowed to be at large, exasperated them, and they pro- zens, of which we received authentic intelligence. Men ceeded as rapidly as possible by a nearer route than were attacked on the highway, robbed, and subsequently that taken by Jones, and stopped near the house of J. S. imprisoned. Men were seized and searched, and their Abbott, one of them. They were on foot as Jones's weapons of defense taken from them without compensaparty approached on a canter. The rescuers suddenly tion. Horses were frequently taken and appropriated. formed across the road in front of Jones and his party. Oxen were taken from the yoke while plowing, and butchJones halted, and asked, "What's up?" The reply was, ered in the presence of their owners. One young man "That's what we want to know. What's up?" Branson was seized in the streets of the town of Atchison, and, unsaid, "They have got me a prisoner." Some one in the der circumstances of gross barbarity, was tarred and cot

Your Committee do not propose to detail the incidents connected with this foray. Fortunately for the peace of the country, a direct conflict between the opposing forces was avoided by an amicable arrangement. The losses sustained by the settlers in property taken and time and money expended in their own defense, added much to the trials incident to a new settlement. Many persons were unlawfully taken and detained-in some cases, under circumstances of gross cruelty. This was especially so in the arrest and treatment of Dr. G. A. Cutter and G. F. Warren. They were taken, without cause or warrant, sixty miles from Lawrence, and when Dr. Cutter was quite sick. They were compelled to go to the camp at Lawrence, were put into the custody of "Sheriff Jones," who had no process to arrest themthey were taken into a small room kept as a liquor shop, which was open and very cold. That night, Jones came in with others, and went to "playing poker at twentyfive cents ante." The prisoners were obliged to sit up all night, as there was no room to lie down, when the men were playing. Jones insulted them frequently, and told one of them he must either "tell or swing." The guard then objected to this treatment of prisoners, and Jones desisted.

rescuing party told him to come over to their side. He did so, and dismounted, and the mule he rode was driven over to Jones's party; Jones then left. Of the persons engaged in this rescue, three were from Lawrence, and

toned, and in that condition was sent to his family. All the provisions of the Constitution of the United States, securing persons and property, are utterly disregarded. The officers of the law, instead of protecting the people, were in some instances engaged in these outrages, and in no in-mine on his peril, we declined to give him any protection stance did we learn that any man was arrested, indicted, or take any action in the matter. He refused to obey the

or punished for any of these crimes. While such offenses were committed with impunity, the laws were used as a means of indicting men for holding elections, preliminary to framing a Constitution and applying for admission into the Union as the State of Kansas. Charges of high treason were made against prominent citizens upon grounds which seem to your Committee absurd and ridiculous, and under these charges they are now held in custody and are refused the privilege of bail. In several cases, men were arrested in the State of Missouri, while passing on their lawful business through that State, and detained until indictments could be found in the Territory,

These proceedings were followed by an offense of still greater magnitude. Under color of legal process, a company of about 700 armed men, the great body of whom, your Committee are satisfied, were not citizens of the Territory, marched into the town of Lawrence, under Marshal Donaldson and S. J. Jones, officers claiming to act under the law, and bombarded and then burned to the ground a valuable hotel and one private house; destroyed two printing presses and material; and then, being released by the officers, whose posse they claimed to be, proceeded to sack, pillage, and rob houses, stores, trunks, etc., even to the clothing of women and children. Some of the letters thus unlawfully taken were private ones, written by the contesting Delegate, and they were offered in evidence. Your Committee did not deem that the persons holding them had any right thus to use them, and refused to be made the instruments to report private letters thus obtained.

This force was not resisted, because it was collected and marshaled under the forms of law. But this act of barbarity, unexampled in the history of our Government, was followed by its natural consequences. All the restraints which American citizens are accustomed to pay even to the appearance of law, were thrown off; one act of violence led to another; homicides became frequent. A party under H. C. Pate, composed chiefly of citizens of Missouri, were taken prisoners by a party of settlers; and while your Committee were at Westport, a company chiefly of Missourians, accompanied by the acting Delegate, went to relieve Pate and his party, and a collision was prevented by the United States troops. Civil war has seemed impending in the Territory. Nothing can prevent so great a calamity but the presence of a large force of United States troops, under a commander who will with prudence and discretion quiet the excited passions of both parties, and expel with force the armed bands of lawless men coming from Missouri and elsewhere, who with criminal pertinacity infest that Territory.

In some cases, and as to one entire election district, the condition of the country prevented the attendance of witnesses, who were either arrested or detained while obeying our process, or deterred from so doing. The Sergeantat-Arms, who served the process upon them, was himself arrested or detained for a short time by an armed force, claiming to be a part of the posse of the Marshal, but was allowed to proceed upon an examination of his papers, and was furnished with a pass, signed by "Warren D. Wilkes, of South Carolina." John Upton, another officer of the Committee, was subsequently stopped by a lawless force on the borders of the Territory, and after being detained and treated with great indignity, was released. He also was furnished with a pass signed by two citizens of Missouri, and addressed to "Pro-Slavery men." By reason of these disturbances, we were delayed in Westport, so that while in session there, our time was but partially occupied.

writ, believing it to be a mere pretense to get the custody of his person, and fearing, as he alleged, that he would be assassinated by lawless bands of men then gathering in and near Lecompton. He then left the Territory.

Subsequently, H. Miles Moore, an attorney in Leavenworth City, but for several years a citizen of Weston, Mo., kindly furnished the Committee information as to the residence of persons voting at the elections, and in some cases examined witnesses before us. He was arrested on the streets of that town by an armed band of about thirty men, headed by W. D. Wilkes, without any color of authority, confined, with other citizens, under a military guard for twenty-four hours, and then notified to leave the Territory. His testimony was regarded as important, and upon his sworn statement that it would endanger his person to give it openly, the majority of your Committee deemed it proper to examine him ex-parte, and did so.

By reason of these occurrences, the contestant and the party with and for whom he acted, were unrepresented before us during a greater portion of the time, and your Committee were required to ascertain the truth in the best manner they could.

Your Committee report the following facts and conclusions as established by the testimony:

First. That each election in the Territory, held under the organic or alleged Territorial law, has been carried by organized invasions from the State of Missouri, by which the people of the Territory have been prevented from exercising the rights secured to them by the organic law.

Second. That the alleged Territorial Legislature was an illegally-constituted body, and had no power to pass valid laws, and their enactments are, therefore, null and void.

Third. That these alleged laws have not, as a general thing, been used to protect persons and property and to punish wrong, but for unlawful purposes.

Fourth. That the election under which the sitting Delegate, John W. Whitfield, holds his seat, was not held in pursuance of any valid law, and that it should be regarded only as the expression of the choice of those resident citizens who voted for him.

Fifth. That the election under which the contesting Delegate, Andrew H. Reeder, claims his seat, was not held in pursuance of law, and that it should be regarded only as the expression of the choice of the resident citizens who voted for him.

Sixth. That Andrew H. Reeder received a greater number of votes of resident citizens than John W. Whitfield, for Delegate.

Seventh. That in the present condition of the Territory, a fair election cannot be held without a new census, a stringent and well-guarded election law, the selection of impartial Judges, and the presence of United States troops at every place of election.

Eighth. That the various elections held by the people of the Territory preliminary to the formation of the State Government have been as regular as the disturbed condition of the Territory would allow; and that the Constitution passed by the Convention, held in pursuance of said elections, embodies the will of a majority of the people.

As it is not the province of your Committee to suggest remedies for the existing troubles in the Territory of Kansas, they content themselves with the foregoing statement of facts.

All of which is respectfully submitted.

WM. A. HOWARD,
JOHN SHERMAN,

But the obstruction which created the most serious embarrassment to your Committee, was the attempted arrest of Gov. Reeder, the contesting Delegate, upon a writ of attachment issued against him by Judge Lecompte, to compel his attendance as a witness before the Grand Jury of Douglas County. William Fane, recently from the State of Georgia, and claiming to be the Deputy Marshal, came into the room of the Committee, while Gov. Reeder was examining a witness before us, and producing the writ required Gov. Reeder to attend him. Subsequent events have only strengthened the conviction of your Committee, that this was wanton and unlawful interference by Judge who issued the writ, tending greatly to obstruct a full and fair investigation. Gov. Reeder and Gen. Whitfield alone were fully possessed of that local information which would enable us to elicit the whole truth, and it was obvicus to every one that any event which would separate either of them from the Committee, would necessarily hinder, delay, and embarrass it. Gov. Reeder claimed that, under the circumstances in which he was placed, he was privileged from arrest except for treason, felony, or breach of the peace. As this was a question of privilege, proper for the Courts, or for the privileged person alone to deter-! ally presented in either House, was received and

The Free-State Constitution framed at Topeka for Kansas, by the Convention called by the Free-State party, (as set forth in the foregoing documents,) was in due season submitted to Congress-Messrs. Andrew H. Reeder (the Free-State Territorial delegate) and James H. Lane having been chosen by the first Free-State Legislature, Senators of the United States, and Mr. M. W. Delahay elected Representative in the House, by the Free-State men of Kansas. Of course, these were not entitled to their seats until the aforesaid instrument (known as the "Topeka Constitution") should be accepted by Congress, and the State thereupon admitted into the Union. This Constitution, being form. referred to their respective Committees on Ter- | Mr. Stephens's substitute, as thus amended by ritories; but the accompanying Memorial from its adversaries, was abandoned by its original

the Free-State Legislature, setting forth the grounds of the application, and praying for admission as a State, was, after having been received by the Senate, reconsidered, rejected, and returned to Col. Lane, on the allegation that material changes had been made in it since it left Kansas. The Senate, in like manner, rejected repeated motions to accept the Constitution, and thereupon admit Kansas as a Free State-there never being more than Messrs. Hamlin and Fessenden, of Maine, Hale and Bell, of New-Hampshire, Collamer and Foot, of Vermont, Sumner and Wilson, of Mass., Foster, of Connecticut, Seward and Fish, of New-York, Wade, of Ohio, Durkee and Dodge, of Wisconsin, Trumbull, of Illinois, and Harlan, of Iowa, (16) Senators in favor of such admission, and these never all present at the same time.

In the House-the aforesaid Constitution and Memorial having been submitted to the Committee on Territories-its Chairman, Mr. Grow, of Penna., from a majority of said Committee, reported in favor of the admission of Kansas under such Constitution, as a Free State; and after debate the Previous Question thereon was ordered (June 28th) by a vote of 98 Ayes to 63 Noes. Previous to this, however, Mr. Stephens, of Georgia, had proposed, as an amend

friends, and received but two votes-those of Messrs. George G. Dunn, of Indiana, and John Scott Harrison, of Ohio--Nays, 210.

Mr. Dunn had previously moved a reference of the bill to the Committee of the Whole on the state of the Union. This was now defeated: Yeas, 101; Nays, 109.

Mr. Jones, of Tennessee, now moved that the bill do lie on the table, which was defeated. Yeas, 106; Nays, 107; (Barclay of Pennsylvania, Dunn of Indiana, Haven and Williams, of New-York. - Yeas: Bayard Clarke, of NewYork, Hickman and Millward, of Pennsylvania, Moore, of Ohio, and Scott, of Indiana. Nays : Scott Harrison, of Ohio, not voting, Wells of Wisconsin, absent). The House now refused to adjourn by 106 to 102; and, after a long struggle, the final question was reached, and the bill rejected: Yeas, 106; Nays, 107.

So the bill was lost.

July 1st.-Mr. Barclay, (Dem.) of Pennsylvania rose to a privileged motion. He moved a reconsideration of the preceding vote, by which the Free-Kansas bill had been rejected. A stormy debate ensued, in the midst of which Mr. Howard, of Michigan, rose to a question of higher privilege (as affecting the right of a member [delegate] to his seat) and submitted

ment or substitute, a radically different bill, the report of the Kansas Investigating Comcontemplating the appointment by the Presi- mittee (already given). The Speaker sustained dent and Senate of five Commissioners, who the motion, and the House sustained the should repair to Kansas, take a census of the Speaker. The report was thereupon presented inhabitants and legal voters, and thereupon pro- and read, consuming a full day.

ceed to apportion, during the month of Septem- July 3rd. The question of reconsidering the ber, 1856, the delegates (52) to form a Consti- vote defeating the Free-Kansas bill was again tutional Convention, to be elected by the legal reached. Mr. Houston, of Alabama, moved that voters aforesaid; said delegates to be chosen it do lie on the table; defeated: Yeas, 97; on the day of the Presidential election (Tues- Nays, 102. The main question was then orderday, Nov. 4th, 1856), and to assemble in Con-ed: Yeas, 101; Nays, 98; and the reconsideravention on the first Monday in December, 1856, tion carried: Yeas, 101; Nays, 99. The previous to form a State Constitution. The bill proposed, question on the passage of the bill was now also, penalties for illegal voting at said election. ordered: Yeas, 99; Nays, 96; a motion by

To this substitute-bill, Mr. Dunn, of Indiana, proposed the following amendment, to come in at the end as an additional section:

SEC. 18.-And be it further onacted, That so much of the fourteenth section and of the thirty-second section of the act passed at the first session of the Thirty-Third Congress, commonly called the Kansas and Nebraska act, as reads as follows: "Except the eighth section of the act preparatory to the admission of Missouri into the Union,

approved March 6, 1820, which, being inconsistent with the principle of non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the Compromise Measures, is hereby declared inoperative and void; it

therefrom, but to leave the people thereof perfectly free

Mr. McQueen, of South Carolina, to lay the bill on the table was defeated: Yeas, 97; Nays, 100; and then the bill was finally passed: Yeas, 99; Nays, 97.

Mr. Grow, of Pennsylvania, moved the reconsideration of this vote, and that the motion to reconsider do lie on the table, which was permitted, without further division.

June 30th.-Mr. Douglas reported to the Senate on several bills submitted by Messrs. Clayton, Tombs, and others, for the pacification of the Kansas troubles, as also decidedly

being the true intent and meaning of this act not to legis- against Gov. Seward's proposition to admit late Slavery into any State or Territory, or to excludeit Kansas as a Free State, under her Topeka Conto form and regulate their domestic institutions in their stitution. Mr. Collamer, being the minority of own way, subject only to the Constitution of the United the Territorial Committee, made a brief and States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regula- pungent counter-report. Mr. Douglas gave

tion which may have existed prior to the act of 6th of March, 1820, either protecting, establishing, prohibiting, or abolishing Slavery," be, and the same is hereby, repealed. Povided, That any person or persons lawfully held to service within either of the Territories named in said act shall be discharged from such service, if they shall not be removed and kept out of said Territories within twelve months from the passage of this act.

Mr. Dunn's amendment to the Stephens amendment or substitute, was carried: Yeas, 109; Nays, 102.

notice that he would ask for a final vote on the day after the next.

July 1st.-Bill debated by Messrs. Thompson of Ky., Hale of N. H., Bigler of Pa., Adams of Miss., and Crittenden of Ky.

July 2d. Debate continued through the day and following night, the majority resisting all motions to adjourn. Messrs. Wade, Pugh, Briggs, Bigler, Toombs, Clayton, Crittenden, Bell, Seward, Hale, and nearly half the Senate

NAYS.-Messrs. Adams, Allen, Bayard, Bell of Ten-Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, nessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Pratt, Pugh, Reid, Sebastian, Slidell, Thompson of Kentucky, Toombs, Toucey, Weller Wright, and Yulee-34.