CHAPTER XIII.

ELECTING TERRITORIAL LEGISLATURE.

This winter proved a remarkably mild and pleasant one which greatly favored the new settlers. They continued their improvements uninterrupted by cold.

In order to make a proper apportionment of representation, preparatory to calling an election, the Governor caused the census to be taken in the Territory during January and February. This work was undertaken without any public announcement of the fact, which highly incensed the people of the Border. Had such knowledge been imparted to them it was their design to cross over and be enumerated. In this, they were disappointed and the census returns were sent in as accurate as could be under the circumstances.From them it appears there were 5,128 males, 3,383 females, 2,805 voters and 3,469 minors in the Territory at that time. From the same report we learn that there were 408 of foreign birth, 7,161 natives of the United States, 151 negroes and 192 slaves, making a total population of 8,601 souls.

The following anecdote is obtained from Mr. Phillip's "Conquest of Kansas:"

"As a census taker approached a log cabin some three miles from Atchison, a woman with violent gesticulations and loud voice came running across the prairie; 'Are you the man that takes the censum? Yes, Ma'm; What do

(1) In many places pro-slavery men would prepare a list of those living in Missouri' and endeavor by threats to have the census-taker insert them,

you want?' 'Why, ride to Atchison just as quick as you can and take the censum; there are two men in my house with my husband; they are expecting you, and they are to get you talking and detain you while one rides to Atchison to tell them that you are coming, so that the people from Missouri can come over and get in the censum. So ride there quick and my husband wont know that you have come along. He passed on to Atchison and took the census."

For months the Missourians and pro-slavery men had been railing at Gov. Reeder for not calling an election for members of the Territorial Legislature. They charged him him with being in league with the "Abolition Societies" of the East and with deferring the election, that they might carry it by the vast influx of imported voters in the spring. They threatened to depose him by assassination, or petition his removal. Others desired to elect a new Governor at the coming election and solicit his appointment by the President. Unheeding their outeries and menaces, he perseveringly labored for the good of the Territory. What need was there for such haste in electing a Legislature?— Peace and quiet prevailed throughout the Territory, and courts were established where all differences could be adjusted. Had Mr. Reeder designed to favor the free state party by delaying the election, he certainly would have fixed it a little later in the season, as eastern emigration could not reach here before the last of April. He really favored the Missourians whose spring emigration could arrive in March by appointing the election to be held at the time.

he did.

Five days after the census returns were perfected,' the Governor issued his proclamation for an election of members to the Council and House of the Territorial Legislature, to take place on the 30th of March.

The free state men determined to be more organized this

(1) March 8th.

time, and make a manful contest at the polls. There was no disguising the fact that slavery was the real issue in this election. The Free State party was organized, speakers appointed to canvass the country and awaken the people to the importance of the interests at stake; primary conventions were held and candidates nominated, in short all the paraphernalia of a political campaign was exhibited. Every one felt that the destinies of the State were to be decided.

But the earnest and peaceful effort of these isolated freemen were doomed to meet a crushing opposition. The people of the Border no longer concealed their intention to come over and vote. The pro-slavery newspapers in Kansas invited and urged them to come. False and inflammatory rumors were circulated through all Western Missouri concerning vast "hordes of paupers and abolitionists" being carried to Kansas on every boat by the Emigrant Aid Societies in order to control the election. The secret societies were put into requisition and every arrangement and provisions made for the conquest of Kansas unto Slavery.

At a pro-slavery mass meeting in Platte City November 5th, 1855, Hon. D. R. Atchison addressed the people, and among other things said:

"We must and will make Kansas a Slave State, peaceably if we can, and at the point of the bayonet if we must."

Rev. Leander Kerr, who read a poem and an address denouncing the free state settlers in Kansas, said:

"Go then (to Kansas) as men, as patriots, as Christians, and do your duty to yourselves, your country and your God."

Gen. B. F. Stringfellow, to remove all scruples of legality in the conduct of Missourians going over to vote, delivered the following argument upon it:

"If the very day of his returning is not fixed, if he is uncertain, he is in strictest law a 'resident' and an inhabitant.'

"By the, Kansas act every man in the Territory on the day of election is a loyal voter, if he has not fixed a day for his return to some other home.

"Every man has a right to go to Kansas for such purposes as he pleases.

"The presence of a voter is all the proof of residence he is required to give. If present it is necessary to show he has not a right to vote."

As these invasions and stuffing of the ballot-box by the Missourians have no precedent in the history of our country, and so strikingly exemplify the doctrine of Popular Sovereignty, which repealed the Missouri restriction on the plea of injustice and unconstitutionality, a full account of the second invasion is here inserted from the report of the committee appointed by Congress to investigate it.

"By an organized movement which extended from Andrew County in the north to Jasper County in the south, and as far eastward as Boone and Cole Counties, Missouri, companies of men were arranged in irregular parties and sent into every council district in the Territory, and into every representative district but one. The members were so distributed as to control the election in each district. They went to vote, and with an avowed design to make Kansas a Slave State. They were generally armed and equipped, carried with them their own provisions and tents, and so marched into the Territory. The details of this invasion from the mass of testimony taken by your committee are so voluminous that we can here state but the leading facts elicited.

FIRST DISTRICT-LAWRENCE.

"The company of persons who marched into this district. were collected in Ray, Carrol, Howard, Boone, LaFayette, Randolph, Macon, Clay, Jackson, Saline and Cass Counties in the State of Missouri. Their expenses were paid; those who could not come, contributing provisions, wagons, &c. Provisions were deposited for those who were expected to come to Lawrence, in the house of William Lykins, and were distributed among the Missourians after they arrived there. The evening before, and the morning of the day of

the election, about 1,000 men from the above named counties arrived and camped in a ravine a short distance from town, near the place of voting. They came in wagons (of which there were over 100), and on horse-back, under the command of Colonel Samuel Young, of Boone County, Missouri, and of Clairborn F, Jackson, of Missouri. They were armed with guns, pistols, bowie knives, and had tents, music and flags with them. They brought with them two pieces of artillery loaded with musket balls. On their way to Lawrence some of them met Mr. N. B. Blanton, who had been appointed one of the judges of the election by Governor Reeder, and, after learning from him that he considered it his duty to demand an oath from them as to their place of residence, first attempted to bribe him, and then threatened him with hanging, in order to induce him to dispense with that oath. In consequence of these threats he did not appear at the polls the next morning to act as judge.

"The evening before the election the Missourians were called together before the tent of Clairborn F. Jackson, and speeches were made to them by Colonel Young and others, calling for volunteers to go to other districts where there were not Missourians enough to control the election, as there were more at Lawrence than were needed there. Many volunteered to go, and on the morning of the election several companies, from 150 to 200 each, went off to Tecumseh, Hickory Point, Bloomington and several other places. On the morning of the election the Missourians. came to the place of voting from their camp in bodies of 100 at a time. Mr. Blanton not appearing another judge was appointed in his place, Colonel Young claiming that as the people of the Territory had two judges it was nothing more than right that the Missourians should have the other one to look after their interests; and Robert A. Cumnings was elected in Blanton's stead, because he considered every man had a right to vote if he had been in the Territory but one hour.

"When the voting commenced the question of legality of a vote of a Mr. Page was raised. Before it was decided Colonel Samuel Young stepped up to the window where the votes were received and said he would settle the matter. The vote of Mr. Page was withdrawn and Colonel Young