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XVITH DISTRICT.

For some time previous to the election, meetings were held and arrangements made in Missouri to get up companies to come over to the Territory and vote, and the day before and on the day of election, large bodies of Missourians from Platte, Clay, Ray, Chariton, Carrol, Clinton and Saline Counties, Mo., came into this district and camped there. They were armed with pistols and bowieknives, some with guns and rifles, and had badges of hemp in their button holes and elsewhere about their persons.

Pro-Slavery candidates and other Pro-Slavery men a few days previous to the election, there were 305 voters in the district, including those who had claims but did not live on them. The whole number of votes cast was 964. Of these named in the census 106 voted. Your committee, upon careful examination, are satisfied that there were not over 150 legal votes cast, leaving 814 illegal votes.

XVIITH DISTRICT.

XVIIITH DISTRICT.

The election in this District seems to have been On the morning of the election there were from fairly conducted, and not contested at all. In 1,000 to 1,400 persons present on the ground. this District the Pro-Slavery party had the maPrevious to the election, Missourians endeavored jority. to persuade the two Free-State Judges to resign by making threats of personal violence to them, one of whom resigned on the morning of the election, and the crowd chose another to fill his place. But one of the Judges, the Free-State Judge, would take the oath prescribed by the Governor; the other two deciding that they had no right to swear any one who offered to vote, but that all on the ground were entitled to vote. The only votes refused were some Delaware Indians, some 30 Wyandotte Indians being allowed to vote.

One of the Free-State candidates withdrew in consequence of the presence of the Missourians, amid cheering and acclamations by the Missourians. During the day the steamboat New Lucy came down from Western Missouri, with a large number of Missourians on board, who voted and then returned on the boat.

The Missourians gave as a reason for their coming over to vote, that the North had tried to force emigration into the Territory, and they wanted to counteract that movement. Some of the candidates and many of the Missourians took the ground that, under the Kansas-Nebraska act, all who were on the ground on the day of election were entitled to vote, and others, that laying out a town, staking a lot, or driving down stakes, even on another man's claim, gave them a right to vote. And one of the members of the council, R. R. Rees, declared in his testimony that he who should put a different construction upon the law must be either a knave or a fool.

Previous to the election, Gen. David R. Atchison of Platte City, Mo., got up a company of Missourians, and passing through Weston, Mo., went over into the Territory. He remained all night at the house of and then exhibited his arms, of which he had an abundance. He proceeded to the Nemohaer (XVIIIth) District. On his way, he and his party attended a Nominating Convention in the XIVth District, and proposed and caused to be nominated a set of candidates in opposition to the wishes of the Pro-Slavery residents of the district. At that convention he said that there were 1,100 men coming over from Platte County, and if that wasn't enough they could send 5,000 more-that they came to vote, and would vote or kill every G-d d-d Abolitionist in the Territory.

On the day of election, the Missourians under Atchison, who were encamped there, came up to the polls in the XVIIIth District, taking the oath that they were residents of the district. The Missourians were all armed with pistols or bowieknives, and said there were 60 in their company. But 17 votes given on that day were given by residents of the district. The whole number of votes was 62.

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 The Free-State men generally did not vote at election, and was not at the time a legal resident that election, and no newly-arrived Eastern emi- of the district in which he was elected. No progrants were there. The Free-State Judge of elec-test was sent to the Governor on account of tion 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 was contested, and a new election ordered by Gov. Reeder for the 22d of May.

The testimony is divided as to the relative strength of parties in this District. The whole number of voters in the District, according to the census-returns, was 385; and, according to a very carefully prepared list of voters, prepared for the

threats made against any who should dare to contest the election. The following tables embody the result of the examination of your Committee in regard to this election. In some of the districts it was impossible to ascertain the precise number of the legal votes cast, and especially in the XIVth, XVth and XVIth Districts. In such cases the number of legal and illegal votes cast is stated after a caretul re-examination of all the testimony and records concerning the election.

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ABSTRACT OF ELECTION of March 80, 1855, by Representative Districts:

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Probable result if no invasion.

No, of Illegal Votes in Elec

eil District. No. of Legal Votes in CounCouncil District.

No. of Illegal Votes in by Illegal Votes.

No. of Councilmen elected

tion District.

No. of Legal Votes in Elec

tion District.

Total Votes cast in Council

District.

Total Votes cast in Election

District.

Scattering.

Election District.

No. of Votes for them in

trict for them.

Total Votes in Council Dis

ABSTRACT OF ELECTION of March 30, 1855, by Council Districts.

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254

11034

Ed. Chapman.....

783

S. N. Wood.....

255

4 Chapman's

47

Thomas Joluson

78

Joel K. Goodwin....

2

80

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Ed. Chapman ....

78

S. N. Wood

2

17

50

Thomas Johnson..

42

Joel K. Goodwin

...

16

59

59

Ed. Chapman

43

900

S. N. Wood.

16 278 10

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A. McDonald

818 318

J. A. Wakefield.

...

12 12

1183 830 8301

H. J. Strickler

.....

870

7 Titus's

53

H. J. Strickler

....

211

89

H. J. Strickler. . . . .

17 598

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5 Bull Creek

442

442 2

A. M. Coffee..

377

M. G. Morris.

9

David Lykins

876

James P. Fox

9

893

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A. M. Coffee..

199

M. G. Morris

65

David Lykins

199

James P. Fox

63

266

A. M. Coffee

74

M. G. Morris.

17

David Lykins

74

James P. Fox.

16

91

82

Little Sugar Creek.

A. M. Coffee

31

M. G. Morris.

621

David Lykins

84

680

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843 343

James P. Fox M. F. Conway.

2011

John Donaldson..

23

50

John Donaldson..

27

M. F. Conway.

...

42

John Donaldson..

2

M. F. Conway......

21

John Donaldson

828

M. F. Conway.

.....

John Donaldson

12

John Donaldson..

4

896

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

19

18130

2

75

70 158 17 855 855 105

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25 816 25 816

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82 335 25 209

18 880

75 191

94 547

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225 630

2 Free-State. Pro-Slavery.

48 21

331

7 824

31

81

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No, of Election District,

No. of Council District,

Precincts.

ABSTRACT OF CENSUS, and Returns of Election of
March 80, 1855, by Election Districts.

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Census. C'el. H'se.

No. of District...... 11231:

sas a Free State, elected from the Ist, IId, Id, IVth, and VIth Council Districts. The result in the VIIIth and Xth, electing three members, would have been doubtful, and the Vth, VIIth and IXth would have elected three Pro-Slavery menbers.

Under like circumstances the House of Representatives would have been composed of fourteen members in favor of making Kansas a Free State, elected from the IId, IIId, IVth, Vth, VIIth,

1031 25: 802 962 369 223 VIIIth, IXth, and Xth Representative Districts.

Total of Legal Votes..

Scattering... · · · · · · :=2

Free-State Votes .... BERR

Total............ KON

Pro-Slavery Votes...

3 Stm's or Techms'h 366

Dr. Chapman's

1211 341 36 316 519 199

4 2 372

3: 338 252 101 3

80 15 65 177

47 1

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[Bull Creek

377 9

386

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Pottawatomie.

199 65

51

264

75 191

Big Sugar Creek.

74 17 7

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59 1407 442]

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20 209 118

83

39

23 52

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221

32

328

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4 7

11

144

239

1:20 284

12 19 2 3

233

31 30 3 340

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248 306
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833 873 208 9
814 1183 385 10

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150 50 1

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The result in the XIIth and XIVth Representative Districts, electing five members, would have been doubtful, and the Ist, VIth, XIth and XVth Districts would have elected seven Pro-Slavery members.

By the election, as conducted, the Pro-Slavery candidates in every district but the VIIIth Representative District received a majority of the votes; and several of them, in both the Council and House, did not "reside in" and were not "inhabitants of" the district for which they were elected, as required by the organic law. By that act it was declared to be "the true intent and meaning of this act to leave the people thereof perfectly 143 free to form and regulate their domestic institu tions in their own way, subject to the Constitution of the United States." So careful was Congress of the right of popular sovereignty, that to secure it to the people, without a single petition from any portion of the country, they removed the restriction against slavery imposed by the Missouri Compromise. And yet this right, so carefully secured, was thus by force and fraud overthrown by a portion of the people of an adjoining State.

26

Your Committee report the following facts not shown by the tables:

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

The striking difference between this Republic and other Republics on this Continent is not in the provisions of Constitutions and laws, but that here changes in the administration of those laws have been made peacefully and quietly through the ballot-box.

one in the history of our government, by which an This invasion is the first and only organized force from one State has elected a Legislature for another State or Territory, and as such it should have been resisted by the whole executive power of the National Government.

The poll-books of the IId and VIIIth Districts were lost, but the proof is quite clear that in the IId District there were thirty, and in the VIIIth District thirty-eight legal votes, making a total of Your Committee are of the opinion that the eight hundred and ninety-eight legal voters of the Constitution and laws of the United States have Territory, whose names are on the census returns, invested the President, and Governor of the Terand yet the proof, in the state in which we are ritory with ample power for this purpose. They obliged to present it, after excluding illegal votes, could only act after receiving authentic informa leaves the total vote of 1,310, showing a discre- tion of the facts, but when received, whether pancy of 412. The discrepancy is accounted for before or after the certificates of election were in two ways: First, the coming in of settlers granted, this power should have been exercised to before the March election, and after the census its illest extent. was taken or settlers who were omitted in the cen-legislative body thus selected should assume or It is not to be tolerated, that a sus; or secondly, the disturbed state of the Terri- exercise any legislative functions; and their enacttory while we were investigating the elections in ments should be regarded as null and void; nor some of the districts, thereby preventing us from should the question of its legal existence as a getting testimony in relation to the names of legal legislative body be determined by itself, as that voters at the time of election. If the election had been confined to the actual own crime. In section 22 of the organic act it is would be allowing the criminal to judge of his settlers, undeterred by the presence of non-resi-provided, that "the persons having the highest dents, or the knowledge that they would be pre-number of legal votes in each of said Council sent in numbers sufficient to out-vote them, the Districts for members of the Council shall be testimony indicates that the Council would have declared by the Governor to be duly elected to been composed of seven in favor of making Kan- |the Council, and the persons having the highest

number of legal votes for the House of Represen- class of testimony is incompetent by the rules of tatives, shall be declared by the Governor duly law, but is allowed to remain, as tending to show elected members of said House." The proclama- the cause of the action of the citizens of Missouri. tion of the Governor required a verified notice of The alleged causes of the invasions of March, a contest, when one was made, to be filed with 1855, are included in the following charges: him within four days after the election. Within that time he did not obtain information as to force or fraud in any except the following Districts, and in these there were material defects in the returns of election. Without deciding upon his power to set aside elections for force and fraud, they were set aside for the following reasons.

In the Ist District, because the words, "by lawtul resident voters," were stricken out from the return.

In the IId District, because the oath was administered by G. W. Taylor, who was not authorized to administer an oath.

In the IIId District, because material erasures from the printed form of the oath were purposely made.

In the IVth District for the same reason. In the VIIth District, because the Judges were not sworn at all.

In the XIth District, because the returns show the election to have been held viva voce instead of by ballot.

In the XVIth District, because the words "by lawful residents" were stricken from the returns.

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

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

II. That men were hired in the Eastern or Northern States, or induced to go to the Territory, solely to vote, and not to settle, and by so doing to make it a Free State.

III. That the Governor of the Territory purposely postponed the day of election to allow this emigration to arrive, and notified the Emigrant Aid Society, and persons in the Eastern States, of 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 regard to them; that the newspaper press and leading men in public meetings in Western Missouri, aided in one case by a Chaplain of the United States Army, gave currency and credit to them, and thus excited the people, and induced many well-meaning citizens of Missouri to march into the Territory to meet and repel the alleged' Eastern paupers and Abolitionists, fully proven by many witnesses.

But these charges are not sustained by the proof.

In April, 1854, the General Assembly of Massachusetts passed an act entitled "An act to incorporate the Massachusetts Emigrant Aid Society." The object of the Society, as declared in the first section of this act, was "for the purpose of assisting emigrants to settle in the West." The moneyed capital of the corporation was not to exceed five millions of dollars, but no more than 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.

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 practised On the 24th day of July, 1854, certain persons at the elections in the Territory, but also into the in Boston, Massachusetts, concluded articles of facts and pretexts by which this force and fraud agreement and association for an Emigrant Aid had been excused and justified; and for this pur- Society. The purpose of this Association was pose your Committee have allowed the declara- declared to be "assisting emigrants to settle in tions of non-resident voters to be given as evi- the West." Under these articles of association dence in their own behalf; also the declarations each stockholder was individually liable. To avoid of all who came up the Missouri River as emigrants this difficulty, an application was made to the in March, 1855, whether they voted or not, and General Assembly of Massachusetts for an act of whether they came into the Territory at all or incorporation, which was granted. On the 21st not; and also the rumors which were circulated day of February, 1855, an act was passed to incoramong the people of Missouri previous to the elec-porate the New-England Emigrant Aid Company. tion. The great body of the testimony taken at The purposes of this act were declared to be the instance of the sitting Delegate is of this character.

When the declarations of parties passing up the river were offered in evidence, your Committee received them upon the distinct statement that they would be excluded unless the persons making the declarations were by other proof shown to have been connected with the elections. This proof was not made, and therefore much of this 2

directing emigration westward, and aiding and providing accommodation for the emigrants after arriving at their place of destination." The capital stock of the corporation was not to exceed one million of dollars. Under this charter a company was organized.

Your Committee have examined some of ite officers, and a portion of its circulars and records, to ascertain what has been done by it. The public

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