zens,' to take into consideration the propriety of calling a Territorial convention, preliminary to the formation of a State government, and other subjects of public interest,' a convention of the citizens of Kansas Territory, irrespective of party, met, and upon motion of C. K. Holliday, Dr. A. Hunting was called to the chair, G. W. Brown, E. D. Ladd, C. E. Blood, L P. Lincoln, James Christian, and Dr. J. D. Barnes elected vice-presidents, and J. K. Goodin, and J. P. Fox, secretaries.

"On motion of J. Hutchinson, esq., a committee of five were appointed to prepare business for the convention. Messrs. G. W. Smith, C. K. Holliday, C. Robinson, John Brown, jr., and A. F. Powell were chosen that committee.

"During the absence of the committee, the convention was addressed by Rev. Lovejoy, G. W. Brown, J. Hutchinson, and M. F. Conway. After which, Mr. G. W. Smith, chairman, submitted the following as the report of the committee:

Whereas the people of Kansas Territory have been, since its settlement, and now are, without any law-making power; threfore, be it

66

feating the object of the organic act, in consequence of which the Territorial government became a perfect failure, and the people were left without any legal government until their patience has become exhausted, and endurance ceases to be a virtue;' and they are compelled to resort to the only remedy left-that of forming a government for themselves; therefore, Resolved by the people of Kansas Territory in delegate convention assembled, That an election shall be held in the several election precincts of this Territory on the second Tuesday of October next, under the regulations and restrictions hereinafter imposed, for members of a convention to form a constitution adopt a bill of rights for the people of Kansas, and take all needful measures for organizing a State gov ernment preparatory to the admission of Kansas into the Union as a State.

"Resolved, That the apportionment of delegates to said convention shall be as follows: two delegates for each representative to which the people were entitled in the legislative assembly by proclamation of Governor Reeder, of date 10th March, 1855.

"Resolved, That a committee of seven be appointed by the chair, who shall organize by the appointment of a chairman and secretary. They shall keep a record of their proceedings, and shall have the general superintendence of the affairs of the Territory so far as regards the organization of a State government, which committee shall be styled 'the executive com

Resolved, That we, the people of Kansas Territory in mass meeting assembled, irrespective of party distinctions, influenced by a common necessity, and greatly desirous of promoting the common good, do hereby call upon and request all bona fide citizens of Kansas Territory, of whatever political views or predilections, to consult together in their respective elec-mittee of Kansas Territory.' tion-districts, and in mass convention, or otherwise, elect three delegates for each representative to which such district is entitled in the House of Representatives of the the legislative assembly, by proclamation of Governor Reeder of date 10th March, 1855; said delegates to assemble in convention at the town of Topeka, on the 19th day of September, 1855, then and there to consider and determine upon all subjects of public interest, and particularly upon that having reference to the speedy formation of a State constitution, with an intention of an immediate application to be admitted as a State into the Union of the United States of America.'

"After the discussion of the resolution by Mr. Stearns and others, the report of the committee was adopted with but one dissenting voice,

"On motion, it was ordered that the proceedings of this convention be published in the newspapers of the Territory, and Messrs. J. Speer, R. G. Elliot, and G. W. Brown, were appointed a committee to publish and circulate the call for the convention to be holden at Topeka.

"On motion, the convention adjourned sine die.

"Resolved, That it shall be the duty of the executive committee of Kansas Territory to advertise said election at least fifteen days before the second Tuesday of October next; and to appoint three judges thereof for each precinct, and the said judges of each precinct shall appoint two clerks, all of whom shall be duly sworn or affirmed to discharge the duties of their respective offices impartially, and with fidelity; and they shall have power to administer the oath or affirmation to each other, and the said judges shall open said election at 10 o'clock A. M., at the place designated in each precinct by the said executive committee, and close the same at 4 o'clock P. M. in case any of the officers appointed fail to attend, the officer or officers in attendance shall supply the vacancy or vacancies; and in the event of all of them failing to attend, ten qualified voters shall supply their places. And the said judges shall make out duplicate returns of said election, scal up, and transmit one copy of the same within five days, to the chairman of the executive committee, to be laid before the convention, and they shall, within ten days, seal up and hand the other to some member of the executive committee.

And

"Resolved, That the chairman of the executive committee of Kansas Territory shall announce, by proclamation, the names of the persons elected delegates to the said convention; and in case the returns from any precinct should not be completed by that day, as soon thereafter as practicable; and in case of a tie, a new election shall be ordered by the executive committee, giving five days' notice thereof, by the same officers who officiated at the first election.

"Resolved, That all white male inhabitants, citizens of the United States, above the age of twenty-one years, who have had a bona fide residence in the Territory of Kansas for the space of thirty days immeentitled to vote for delegates to said convention; and all white male inhabitants, citizens of the United States, above the age of twenty-one years, who have resided in the Territory of Kansas for the space of election, shall be eligible as delegates to said conthree months immediately preceding the day of

Agreeable to these proceedings, the people of the different districts did, as therein recommend-diately preceding the day of said election, shall be ed, proceed to appoint delegates to this meeting at Topeka, to be holden on said 19th day of September, 1855. The delegates so appointed did assemble at Topeka on said day, and proceeded to consider said subject, and they took the following proceedings:

"Whereas the Constitution of the United States guarantees to the people of this republic the right of assembling together in a peaceable manner for the common good, to establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to themselves and their posterity,' and whereas the citizens of Kansas Territory were prevented from electing members of a legislative sembly, in pursuance of the proclamation of Governor Reeder, on the 30th of March last, by invading forces from foreign States coming into the Territory and forcing upon the people a legislature of non-residents and others, inimical to the interests of the people of Kansas Territory, de

vention.

"Resolved, That if at the time of holding said election it shall be inconvenient, on account of Indian hostilities or any other cause whatever that would disturb or prevent the voters of any election-precinct in the Territory from the free and peaceable exercise of the elective franchise, the officers are hereby authorized to adjourn said election into any other precinct in the Territory, and to any other day they may see proper, of the necessity of which they shall be the exclusive judges, at which time and place the qualified voters may cast their votes.

Resolved, That said convention shall be held at Topeka on the fourth Tuesday of October next, at 12 o'clock, A. M., of that day.

"Resolved, That a majority of said convention shall constitute a quorum, and that the said convention shall determine upon the returns and qualifications of its members, and shall have and exercise all the rights,

clerks shall have power to administer the oath or affirmation to each other; and the said judges shall open Baid election at 10 o'clock a.m., at the place designated in each precinct by the executive committee of Kansas Territory, and close the same at 4 o'clock p. m. In case any of the officers appointed fail to attend, the officer or officers in attendance shall supply their places. And the said judges shall make out duplicate returns of said election. seal up and transmit one copy ef the same within five days to the chairman of the executive committee to be laid before the convention, and they shall within ten days seal up and hand the other to the time of holding said election it shall be inconvenient on account of Indian hostilities, or any other cause whatever, that would disturb or prevent the voters of any election-precinct in the Territory from the free and peaceable exercise of the elective franchise, the officers are hereby authorized to adjourn said election into any other precinct in the Territory, and to any other day they may see proper, of the necessity of which they shall be the exclusive judges, at which time and place the qualified voters may cast their

some member of the said executive committtee. If at

votes.

QUALIFICATION OF VOTERS, ETC.

"All white male inhabitants, citizens of the United States, or who have declared their intentions, before the proper authorities, to become such, above the age of twenty-one years, who have had a bona fide residence in the Territory for the space of thirty days immediately preceding the day of the said election, shall be entitled to vote for delegates to said convention; and all white male inhabitants, citizens of the United States, above the age of twenty-one years, who have had a bona fide residence in the Territory of Kan sas for the space of three months immediately preceding the day of election, shall be eligible as delegates to said convention.

"APPORTIONMENT.

of date March 10, 1855.

in forming a law for themselves; but it is not be hoped that Congress will not leave them to now necessary to consider that matter, as it is to such a necessity.

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

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

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

There is, however, another way to put an end to all this trouble there, and in the nation, with"The apportionment of delegates to said convention force compelling obedience to tyrannical laws out retracing steps or continuing violence, or by shall be as follows: Two delegates for each represent-made by foreign force; and that is, by admitting ative to which the people were entitled in the legis- that Territory as a State, with her free constitulative assembly, by proclamation of Governor Reeder tion. True, indeed, her numbers are not such as gives her a right to demand admission, being, as the President informs us, probably only about twenty-five thousand. The Constitution fixes no number as necessary, settling this question may well justify Congress and the importance of now in admitting this as a State, at this time, especially as we have good reason to believe that, if admitted as a State, and controversy ended, it will immediately fill up with a numerous and successful population.

"It is confidently believed that the people of Kansas are fully alive to the importance of the step they are about to take in disenthralling themselves from the slavery which is now fettering them; and the squat ters of Kunsus are earnestly requested to be at their several polls on the day above designated. See that there be no illegal votes cast, and that every ballot received be in accordance with your choice for delegate to the constitutional convention, and have all the regulations and restrictions carried out.

The plan proposed in the proclamation, to govern you in the election, has been adopted after mature deliberation, and, if adhered to by you, will result in establishing in Kansas an independent government that will be admitted into our beloved Union as a sovereign State, securing to our people the liberty they have heretofore enjoyed, and which has been so ruthlessly wrested from them by reckless invaders.

"By order of the executive committee of Kansas Territory, "J. H. LANE, Chairman.

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

The true character of this transaction is matter "J. K. GOODIN, Secretary." of extensive notoriety. Its essential features are too obvious to allow of any successful disguise Delegates were elected agreeably to the pro- or palliation, however complicated or ingenious clamation so issued, and they met at Topeka on may be the statements, or however special the the fourth Tuesday in October, 1855, and formed pleadings, for that purpose. The case requires a constitution, which was submitted to the peo- some quieting, kind, and prudent treatment by ple, and was ratified by them by vote in the dis- the hand of Congress to do justice and satisfy the tricts. An election of State officers and members nation. The people of this country are peacefulof the State legislature has been had, and a reply relying on Congress to provide the competent resentative to Congress elected, and it is intended to proceed to the election of senators, with the view to present the same, with the constitution, to Congress for admission into the Union.

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

Many may have honestly believed usurpation could make no law, and that if Congress made no further provisions they were well justified

measures of redress which they have the undoubted power to administer.

66

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

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

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

J. COLLAMER.

It is not possible, within the limits prescribed for this volume, to give a full account of the debates and proceedings in the present Congress with relation to Kansas. Suffice it that, on the 19th of March, the House was brought to a vote on the proposition of the Committee of Elections, to empower said Committee to send to Kansas for persons and papers, modified, on motion of Mr. Dunn of Indiana, with the assent of said Committee, so as to read as follows:

or shall refuse to attend on said Committee, and to give evidence, when summoned for that purpose, or shall refuse to produce any paper, book public record, or proceeding, in their possession or control, to said Committee, when so required, or shall make any disturbance where said Committee is [are] holding their sittings, said Committee may, if they see fit, cause any such person to be arrested by said assistant sergeant-at-arms, and brought before this House, to be dealt with as for contempt.

"Resolved further, That, for the purpose of defraying the expenses of said Commission, there be, and hereby is, appropriated the sum of ten thousand dollars, to be paid out of the contingent

fund of this House.

"Resolved further, That the President of the United States be, and is hereby, requested to furnish to said Committee, should they be met with any serious opposition by bodies of lawless such aid from any military force as may at the men in the discharge of their duties aforesaid, time be convenient to them, as may be necessary to remove such opposition, and enable said Committee, without molestation, to proceed with their

labors.

"Resolved further, That when said Committee shall have completed said investigation, they report all the evidence so collected to this House."

This proposition the House adopted-Yeas 101; Nays 93—as follows:

YEAS-For the proposed Investigation: MAINE-Samuel P. Benson, Ebenezer Knowl. ton, Israel Washburn, Jr.-3.

NEW-HAMPSHIRE-Aaron H. Cragin, James

Pike-2.

MASSACHUSETTS James Buffinton, Anson Burlingame, Calvin C. Chaffee, Linus B. Comins, William S. Damrell, Timothy Davis, Robert B. Hall, Chauncey L. Knapp, Mark Trafton -9,

"Resolved, That a Committee of three of the members of this House, to be appointed by the Speaker, shall proceed to inquire into and collect evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud or force attempted or practiced in reference to any of the elections which have taken place in said Territory, either under the law organizing said Territory, or under any pretended law which may be alleged to have taken effect there since. That they shall fully investigate and take proof of all violent and tumultuous proceedings in said Territory, at any time since the passage of the Kansas-Nebraska act, whether engaged in by the residents of said Territory, or by any person or persons from elsewhere going into said Territory, and doing, or encouraging others to do, any act of violence or public disturbance against the laws of the United States, or the rights, peace, and safety of the residents of said Territory; and, for that purpose, said Committee shall have full NEW-YORK-Henry Bennett, Bayard Clarke, power to send for, and examine, and take copies Samuel Dickson, Edward Dodd, Francis S. Edof, all such papers, public records, and proceed-wards, Thomas T. Flagler, William A. Gilbert, ings, as in their judgment will be useful in the Amos P. Granger, Solomon G. Haven, Thomas premises; and also, to send for persons and exam- R. Horton, Jonas A. Hughston, William H. Keline them on oath, or affirmation, as to matters sey, Rufus H. King, Örsamus B. Matteson, within their knowledge, touching the matters of Andrew Z. McCarty, Killian Miller, Edwin B. said investigation; and said Committee, by their Morgan, Ambrose S. Murray, Andrew Oliver, Chairman, shall have power to administer all John M. Parker, Benjamin Pringle, Russell necessary oaths or affirmations connected with Sage, George A. Simmons, Francis E. Spinner, their aforesaid duties. James S. T. Stranahan, Abram Wakeman26.

"Resolved further, That said Committee may hold their investigations at such places and times as to them may seem advisable, and that they have leave of absence from the duties of this House until they shall have completed such investigation. That they be authorized to employ one or more clerks, and one or more assistant sergeants-at-arms, to aid them in their investigation; and may administer to them an oath, or affirmation, faithfully to perform the duties assigned to them, respectively, and to keep secret all matters which may come to their knowledge touching such investigation, as said Committee may direct, until the Report of the same shall be submitted to this House; and said Committee may discharge any such clerk, or assistant sergeant-at-arms, for neglect of duty or disregard of instructions in the premises, and employ others under like regulations.

་་

Resolved further, That if any person shall, in any manner, obstruct or hinder said Committee, or attempt to do so, in their said investigation

RHODE ISLAND-Nathaniel B. Durfee-1. CONNECTICUT-Ezra Clark, Jr., Sidney Dean, William W. Welch, John Woodruff-4. VERMONT-James Meacham, Justin S. Mor

rill-2.

NEW-JERSEY-Isaiah D. Clawson, James Bishop, George R. Robbins-3.

PENNSYLVANIA-John Allison, DAVID BARCLAY, Samuel C. Bradshaw, James H. Campbell, John Covode, John Dick, John R. Edie, Galusha A. Grow, JOHN HICKMAN, Jonathan Knight, David Ritchie, Anthony E. Roberts, Job R. Tyson, Lemuel Todd-14.

OHIO-Edward Ball, Philemon Bliss, Lewis D. Campbell, Timothy C. Day, Jonas R. Emrie, Samuel Galloway, Joshua R. Giddings, Aaron Harlan, John Scott Harrison, Valentine B. Horton, Benjamin F. Leiter, Oscar F. Moore, Richard Mott, Matthias H. Nichols, William R. Sapp, John Sherman, Edward Wade, Cooper K. Watson-18.

INDIANA-Lucien Barbour, Samuel Brenton, Schuyler Colfax, William Cumback, George G. Dunn, Daniel Mace, John U. Pettit, Harvey D Scott-8.

ILLINOIS-James Knox, Jesse O. Norton,

IowA-None.

Total from Free States, 17.

DELAWARE-None, MARYLAND-Thomas F. Bowie, Henry W. Davis, Henry W. Hoffman, J. Morrison Harris, James B. Ricaud, James A. Stewart-6. VIRGINIA-Thomas S. Bocock, John S. Carlisle, John S. Caskie, Henry A. Edmundson, Charles J. Faulkner, William O. Goode, Zedekiah Kidwell, John Letcher, Fayette McMullen, John S. Millson, Paulus Powell, William Smith

of Missouri, were appointed the Committee of Investigation thereby required.

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

REPORT ON THE OUTRAGES IN
KANSAS.

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

Your Committee deem it their duty to state, as briefly as possible, the principal facts proven before them. When the act to organize the Territory of Kansas was passed on day of May, 1854,, the greater portion of its eastern border was included in Indian reservations not open for settlement, and there were but few white settlers in any portion of the Territory. Its Indian population was rapidly decreasing, while many emigrants from different parts of our country were anxiously waiting the extinction of the Indian title, and the establishment of a Territorial Government, to seek new homes in its fertile praiNORTH CAROLINA-Louis O'B. Branch, Thom-ries. It cannot be doubted that if its condition as L. Clingman, Burton Craige, Robert T. Paine, Thomas Ruffin, Warren Winslow-6. SOUTH CAROLINA-William Aiken, William W. Boyce, Preston S. Brooks, John McQueen,

-12.

James L. Orr-5.

GEORGIA-Howell Cobb, Martin J. Crawford, John H. Lumpkin, James L. Seward, Alex. H. Stephens, Robert P. Trippe, Hiram Warner

7.

ALABAMA-W. R. W. Cobb, James F. Dowdell, Sampson W. Harris, George S. Houston, Eli S. Shorter, William R. Smith, Percy Walker

-7.

MISSISSIPPI-Hendley S. Bennett, William A. Lake, John A. Quitman-3.

LOUISIANA-Thos. G. Davidson, George Eustis, Jr., John M. Sandidge, Miles Taylor-4. FLORIDA-Augustus E. Maxwell-1.

TEXAS-Peter H. Bell, Lemuel D. Evans-2. KENTUCKY-Henry C. Burnett, John P. Campbell, Leander M. Cox, John M. Elliot, Alex. K. Marshall, Humphrey Marshall, Samuel F. Swope, Albert G. Talbott, William L. Underwood-9.

TENNESSEE-George W. Jones, Charles Ready, John H. Savage, Samuel A. Smith, William H. Sneed, Albert G. Watkins, John V. Wright, Felix K. Zollicoffer-8.

MISSOURI-Samuel Caruthers, Luther M. Kennett, James J. Lindley, Mordecai Oliver, John S. Phelps, Gilchrist Porter-6.

ARKANSAS-None.

[Fillmore men in Italics; Buchanan men voting Yea in SMALL CAPITALS; Anti-Nebraska Yeas and Buchanan Nays in Roman.]

So the resolution prevailed, and Messrs. WILLIAM A. HOWARD of Michigan, JOHN SHERMAN of Ohio, and. MORDECAI OLIVER

as a free Territory had been left undisturbed by Congress its settlement would have heen rapid, peaceful, and prosperous. Its climate, soil, and its easy access to the older settlements

would have made it the favored course for the

tide of emigration constantly flowing to the West, and by this time it would have been admitted into the Union as a Free State, without the least sectional excitement. If so organized, none but the kindest feeling could have existed between it and the adjoining State. Their mutual interest and intercourse, instead of, as now, endangering the harmony of the Union, would have strengthened the ties of national brotherhood. The tes timony clearly shows, that before the proposition to repeal the Missouri Compromise was intro duced into Congress, the people of western Missouri appeared indifferent to the prohibition of Slavery in the Territory, and neither asked nor desired its repeal.

When, however, the prohibition was removed by the action of Congress, the aspect of affairs entirely changed. The whole country was agitated, by the reopening of a controversy which conservative men in different sections hoped had been settled, in every State and Territory, by some law beyond the danger of repeal. The excitement which has always accompanied the discussion of the Slavery question was greatly increased, by the hope on the one hand of extending Slavery into a region from which it had been excluded by law, and on the other by a sense of wrong done by what was regarded as a dishonor of a national compact. This excitement was naturally transferred into the border counties of Missouri and the Territory as settlers favoring free or Slave institutions moved into it. A new were put upon the organic law. It was contenddifficulty soon occurred. Different constructions ed by the one party that the right to hold Slaves