been so nicely apportioned and directed to the several districts and polls that they elected all the members, with a single exception, in either House-the two Free-Soilers being chosen from a remote inland district which the Missourians had overlooked or did not care to reach. Although but 831 legal electors voted, there were no less than 6,320 votes polled. Even at Lawrence, where there were but 369 voters in all, and not half a dozen of them pro-Slavery, the vote returned was-pro-Slavery, 781; Free State, 253. At Marysville, where there were 24 legal voters, 328 votes were returned, all pro-Slavery. There was no disguise, no pretense of legality, no regard for decency. On the evening before and the morning of the day of election, nearly a thousand Missourians arrived at Lawrence, in wagons and on horseback, well armed with rifles, pistols, and bowie-knives, and two pieces of cannon loaded with musket balls. They had tents, music, and flags, and encamped in a ravine near the town. They held a meeting the night before the election at the tent of Claiborne F. Jackson." Finding that they had more men than were needed to carry the Lawrence district, they dispatched companies of one to two hundred each to two other districts. Meeting one of the judges of election before the poll opened, they questioned him as to his intended course, and, learning that he should insist on the oath of residence, they first attempted to bribe and then threatened to hang him. In consequence of this threat, he failed to appear at the poll, and a Missourian was appointed in his stead. One of the remaining judges, refusing to receive Missouri votes, resigned under duress, and was replaced by another who made no objection. One Missourian voted for himself and then for his son, ten or eleven years old. Three of those they thus elected to the Legislature were residents of Missouri at the time. These details might be continued indefinitely, but it is needless. The Missourians voted at other polls with less circumspection, easily driving off all who objected to their proceedings, and then doing as they chose. The Weston Reporter (Missouri), of the day before, had said: "Our minds are already made up as to the result of the election in Kansas to-morrow. The pro-Slavery party will be triumphant, we presume, in nearly every precinct. Should the pro-Slavery party fail in this contest, it will not be because Missouri has failed to do her duty to assist her friends. It is a safe calculation that two thousand squatters have passed over into the promised land from this part of the State within four days." The Platte Argus (Missouri); in its next issue, said: "It is to be admitted that they-the Missourians-have conquered Kansas. Our advice is, let them hold it, or die in the attempt. The Parkville Luminary, issued in Platte County, Missouri, was the only journal on that side of the bor. 27 Democratic Governor of Missouri, elected in 1860; died a Rebel refugee in Arkansas, 1862. BORDER RUFFIAN LAW IN KANSAS. 239 der that dared and chose to speak a | one act whereby the laws of Missouword for the Free-State settlers of ri generally were adopted and deKansas, maintaining their rights un-clared laws of Kansas, and other der the organic law. Though guard- acts specially upholding and fortify. ed and careful in its language, it could ing Slavery, whereof the following not escape the discipline meted out in are but specimens: that region to all who favored "Abolition." On the 14th of April, 1855, its office and materials were destroyed by a mob, and its editor constrain ed to flee for his life. "SEC. 1. Be it enacted by the Governor and Legislative Assembly of Kansas, That every person, bond or free, who shall be convicted of raising a rebellion or insurrection of slaves, free negroes, or mulattoes, in this Territory, shall suffer death. "SEC. 2. Every free person, who shall aid or assist in any rebellion or insurrection of slaves, free negroes, or mulattoes, or shall furnish arms, or do any other act in furtherance of such rebellion or insurrection, shall suffer death. William Phillips, a Free-State lawyer of Leavenworth, saw fit to sign the protest against the wholesale frauds whereby the election at that place was carried. A few days thereafter, he was seized by a crowd of Missouri ruffians, taken by force to Weston, Mo., eight miles distant, and there tarred and feathered, rid-lish, or circulate, or cause to be brought into, den on a rail, and finally sold at auction to a negro, who was compelled to purchase him. Gov. Reeder did set aside the election in the only six districts from which protests were seasonably forwarded to him, with distinct proof of frauds; whereupon, new elections were held in those districts, and all of them but Leavenworth were carried Free-Soil. Leavenworth, being directly on the Missouri border, was carried pro-Slavery by fraud and violence, as usual. The Free-State men elected at this second election were refused seats by the pro-Slavery majority, and the pro-Slavery men chosen on the regular day of election duly installed in their places. The Legislature was called to meet at Pawnee City on the Kansas river, nearly a hundred miles west from the border. It was immediately adjourned, over the Governor's veto, to Shawnee Mission, directly on the line of Missouri. It proceeded to pass "SEC. 3. If any free person shall, by speaking, writing, or printing, advise, persuade, or induce, any slaves to rebel, conspire against, or murder, any citizen of the Territory, or shall bring into, print, write, pub written, printed, published, or circulated, or shall, knowingly, aid or assist in the bringing into, printing, writing, publishing, or circulating, in the Territory, any book, paper, magazine, pamphlet, or circular, for the purpose of inciting insurrection, rebellion, revolt, or conspiracy, on the part of the slaves, free negroes, or mulattoes, against the citizens of the Territory, or any part of them, such person shall suffer death. "SEC. 4. If any person shall entice, decoy, or carry away, out of this Territory, any slave belonging to another, with the intent to deprive the owner thereof of the services of such slave, he shall be adjudged guilty of grand larceny, and, on conviction thereof, shall suffer death, or be imprisoned at hard labor for not less than ten years. "SEC. 5. If any person shall aid or assist in enticing, decoying, or persuading, or carrying away, or sending out of this Territory, any slave belonging to another, with the intent to procure or effect the freedom of such slave, or deprive the owners thereof of the services of such slave, he shall be adjudged guilty of grand larceny, and, on conviction thereof, shall suffer death, or be imprisoned at hard labor for not less than ten years. "SEC. 12. If any free person, by speaking or writing, shall assert or maintain that persons have not the right to hold slaves in this Territory, or shall introduce into this Territory, print, publish, write, circulate, or cause to be introduced into the Ter ritory, or written, printed, published, and circulated in this Territory, any book, paper, magazine, pamphlet, or circular, con taining any denial of the right of persons to hold slaves in this Territory, such person shall be deemed guilty of felony, and punished by imprisonment at hard labor for a term of not less than two years. "SEO. 13. No person who is conscientiously opposed to holding slaves, or who does not admit the right to hold slaves in this Territory, shall sit as a juror on the trial of any prosecution for any violation of any of the sections of this act." Another act of this remarkable Legislature, entitled "An act to punish persons decoying slaves from their masters," has this unique provision: "To one subject, however, he would allude-Slavery. His official life and character were not unknown to a portion, at least, of the citizens of Kansas. He had no intention of changing his political faith. He thought, with reference to Slavery, that, as Missouri and Kansas were adjoining States, -as much of that immense trade up the Missouri, which was already rivaling the commerce between the United States and some foreign countries, must necessarily lead to a great trade and perpetual intercourse between them, it would be well if their institutions should harmonize; otherwise, there would be continual quarrels and border feuds. He was for Slavery in Kansas (loud cheers)." The actual settlers of Kansas were "SEC. 3. If any person shall entice, decoy, little disposed to submit to the impuor carry away, out of any State or other dent and hostile usurpation which Territory of the United States, any slave belonging to another, with intent to pro- had seized their ballot-boxes and imcure or effect the freedom of such slave, or posed on them a fraudulent Legislato deprive the owner thereof of the services of such slave, and shall bring such slave ture. They held a mass convention into this Territory, he shall be adjudged at Big Springs on the 5th of Septemguilty of grand larceny, in the same man-ber, wherein they repudiated the laws ner as if such slave had been enticed, decoyed, or carried away, out of this Territory; and in such case the larceny may be charged to have been committed in any county of this Territory, into or through which such slave shall have been brought by such person, and, on conviction thereof, the person offending shall suffer death.” This Legislature, whose acts were systematically vetoed by Gov. Reeder, but passed over his head, memorialized the President for his removal, which was, in due time, effected. Wilson Shannon, 28 of Ohio, was appointed in his stead. On his way to Kansas, he stopped at Westport, Mo,, the headquarters of border ruffianism, and made a speech to those who crowded about him. In that speech, he declared that he considered the Legislature which had recently adjourned to Shawnee Mission a legal assembly, and regarded its laws as binding on the authorities and on every citizen of the Territory. He added: and officers imposed on Kansas by the Border-Ruffian election and Legislature, and refused to submit to them. They further resolved not to vote at the election for a Delegate to Congress, which the bogus Legislature had appointed to be held on the 1st of October. They called a Delegate Convention to be held at Topeka on the 19th of that month, whereat an Executive Committee for Kansas Territory was appointed, and an election for Delegate to Congress appointed for the second Tuesday in October. ́ Gov. Reeder was nominated for Delegate. So, two rival elections for Delegate were held on different days, at one of which Whitfield (pro-Slavery), and at the other Reeder (Free-Soil), was chosen Delegate to Congress. And, on the 23d of October, a Constitutional Convention, chosen by the settlers under the Free-State organization aforesaid, assembled at Topeka, 28 Elected Democratic Governor of Ohio over Thomas Corwin, in 1842. KANSAS INVESTIGATION BY CONGRESS. and formed a Free-State Constitution, under which they asked admission into the Union as a State. The XXXIVth Congress assembled at Washington, December 3d, 1855, no party having a majority in the House. Several weeks were consumed in fruitless ballotings for Speaker, until, finally, a majority voted-Yeas 113, Nays 104-that a plurality should suffice to elect after three more ballots. Under this rule, Nathaniel P. Banks, Jr., of Massachusetts, received 103 votes to 100 for William Aiken, of South Carolina, and 11 scattering. It was thereupon resolved-Yeas 155, Nays 40that Mr. Banks had been duly elected Speaker. The House, on the 19th of March, resolved-Yeas 101, Nays 93-to send a Special Committee to Kansas, to inquire into the anarchy by this time prevailing there. That Committee was composed of Messrs. William A. Howard, of Michigan, John Sherman, of Ohio, and Mordecai Oliver, of Missouri, who immediately proceeded to Kansas, and there spent several weeks in taking testimony; which the majority, on their return to Washington, summed up in an able and searching Report. Their conclusions were as follows: "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 pro tect persons and property and to punish wrong, but for unlawful purposes. “Fourth: That the election under which 16 241 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 claims his seat, was not held in pursuance of the contesting delegate, Andrew H. Reeder, 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 . well-guarded election law, the selection of held without a new census, a stringent and impartial judges, and the presence of United States troops at every place of election. by the people of the Territory preliminary to Eighth: That the various elections held the formation of the State Government, have been as regular as the disturbed condition of the Territory would allow ; and that the Constitution framed by the Convention, held in pursuance of said elections, embodies the will of a majority of the people." Whitfield held his seat, notwithstanding, to the end of the Congress, despite strenuous efforts by the Republican members to oust him; and a bill admitting Kansas as a State under her Free Constitution was first defeated in the House by 106 Yeas to 107 Nays, but afterward reconsidered and passed by 99 Yeas to 97 Nays. In the Senate, which was strongly pro-Slavery, it was promptly defeated. Meantime, the settled antagonism in Kansas between the Federal authorities and the Territorial functionaries and enactments recognized and upheld by them on the one side, and the great mass of her people on the other, had resulted in great practical disorders. On the 21st of November, 1855, William Dow, a FreeState settler on the Santa Fé road, in open day by one Coleman, a pronear Hickory Point, was shot dead Slavery neighbor, in plain sight of up of garding him as a deadly and danger. several persons. Dow was unarmed, and was set upon by three armed pro-Slavery men, who had no cause of quarrel with him but their difference in politics, although they made a pretense of claiming the land on-however active in raising, fitting which he had settled. The murderer fled to Missouri, but immediately returned to Shawnee Mission, and surrendered himself to Gov. Shannon, who allowed him to go at large. The body of the murdered man lay in the road from noon till evening, when Jacob Branson, the Free-State settler with whom he boarded, hearing of his death, went after and recovered it. Five days thereafter, a meeting of Free-State men was held at Hickory Point, at which the murder and its authors were forcibly denounced, and a Committee appointed to bring the murderers to justice. This meeting was made the pretext for bringing on a collision between the people and the authorities. Branson was soon after arrested on an affidavit of one of the three armed men who had compassed the death of Dow, who swore that he was in fear of his life. The arrest was made by a party headed by Samuel J. Jones, postmaster at Westport, Mo., and one of the foremost in the conspiracy by which Kansas had been so far subjugated to "BorderRuffian" rule through the wholesale corruption of her ballot-boxes. For his zeal and efficiency in this work, the fraudulent Legislature at Shawnee Mission had made him sheriff of Douglas County, wherein are Lawrence and Hickory Point. Of course, the "Free-State" settlers, constituting a large majority of the people of that important county, scouted his assumption of official authority, re out, and arming the party-had been Branson |
