USA > Kansas > A standard history of Kansas and Kansans, Volume I > Part 52
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
In many places the Free-State men were driven from the polls --- so that this election will be no test of their strength. Those judges who took the oath the Governor preseribed, and also permitted the illegal votes to be received and returned, will be in a very delicate position ahout the time the first Criminal Court sits in Kansas. The Governor will not give certificates of election to any one against whom there has been a protest entered, until he had heard the facts in the case. M.
The charge made by the Missourians that the Emigrant Aid Com- pany was also importing voters seems to be established by the above and by the following taken from The Andreas History of Kansas, page 99:
From the Journal and Courier, Lowell, Mass., March 26, 1855: Some thousands of emigrants are now at St. Louis waiting for the opening of Kansas navigation : 500 arrived at Alton on their way on Friday, and as many more were expected on Saturday : 600 are ready to start from Cin- einnati ; while from that eity last week 130 Germans with their families, household goods, stools, fruit-trees, etc., marched in true German style with their fine band of musie on board the steamer and started. In Kentucky, an association of some hundreds of temperance and anti- slavery men are to set forth soon to found a eity on the Kansas River with the beloved name of Kansas. A similar company of 500 families is expected to start by detachments from Wayne County, Ind. The waves of emigration are rolling mightily.
"Dr. Robinson started with the first Kansas party in 1855. from Boston, March 13. It consisted of nearly two hundred persons-men, women and children. It was his laudable intention to get his party through before the election came off, and he succeeded. They reached Kansas City on the 24th ; and were all in the Territory on or before the
.
394
KANSAS AND KANSANS
30th. The departure of this party was noted in the Eastern papers, commenting on which the Squatter Sovereign fired the heart of Missouri with the following :
"We are credibly informed that quite a large number, probably several hundred, of these purchased voters are now on their way up the Mis- souri River, consigned to Messrs. Park & Patterson, Parkville, and other consignees at different points for distribution in lots to suit, subject to the order of A. H. Reeder, Esq., President of the Underground Railroad, in Kansas Territory. A still larger number are said to be in St. Louis, ready for shipment on the first boat. We hope the quarantine officers along the borders will forbid the unloading of that kind of cargo.
"A cargo of rotten oranges once introduced death by thousands in Philadelphia (in the shape of yellow fever). A more horrible disease, and one followed by many deaths, we fear, may be the consequence if this mass of corruption, and worse than leprous loathsomeness, is permitted to land and traverse our beautiful country.
"It is charitable to believe that, ignorant of the facts, the majority of the Missourians who overran Kansas at the election of March 30 were honest in the belief that they were performing a duty they owed to their own State, in defense of her vital interests, being put in jeopardy by unfair methods on the part of the Emigrant Aid societies and kindred Free-state organizations; and that, with the light they had, they found full justification in the words of a Missourian, who, being asked if, as such, he thought he had a right to vote in Kansas, replied : 'AAs much as a man from Massachusetts-why not?' "
The number of Missourians coming into Douglas County, as later established, was estimated at one thousand, and this estimate was later sustained by sworn testimony. They were commanded by Colonel Samuel Young, of Boone County, and Claiborne F. Jackson, of Saline County. They wore white ribbons in the button-holes of their coats. They boasted that they had come to the Territory to elect a Legislature to suit them- selves, as such a Legislature as the people of the Territory might elect would not suit them. They claimed that they had a right to make Kansas a slave state, because the people of the North had sent out per- sons to make it a free state. Finding that they had more men than was necessary, they sent companies to Teeumseh, Hickory Point, Blooming- ton, and other places. They organized the polls to snit themselves and voted. Claiborne F. Jackson was in command of the company sent to Bloomington. They held a mass meeting at which the Reverend Thomas Johnson, of the Shawnee Mission, was elected Governor in the place of Reeder.
Judge James Hale, of Lexington, Missouri, wrote the following let- ter to this author, detailing what he saw and what he did on this occa- sion.
LEXINGTON, MO., DEC. 11TH, 1910.
Mr. William E. Connelley, Topeka, Kansas.
Dear Sir: Before writing a deseription of the election of March the 30th, 1855, 1 should give our reason for voting at that election as follows :
395
KANSAS AND KANSANS
We knew that Eli Thayer and Horaee Greeley had organized the New England Emigrant Aid Society to send Free-Soil voters to Kansas to make it a free state, and that they were passing up the Missouri River on steamboats continually and was well armed. Our opinion was that if the north had the right to hire men to go to Kansas to vote to make it a free state the Missourians had the right to go there without being hired to vote to make it a Slave State. 800 men went from Lafayette County to Baptist Peoria's (now Paola) on Bull Creek, forty miles south of Lawrence; and as more voters were there than was needed to carry that preeinet, many of us was sent to Lawrence, where we arrived the night of the 29th and went into eamp on the bank of the Kansas River above the town, where we were welcomed by many other Missourians who had preceded us-all of whom assembled at a log eabin near the river bank.
Soon two election judges arrived from Lawrence, and entered the cabin. Other judges were appointed but before opening the polls there was some sparring in regard to the oath to be taken by the voters. The Kansas judges insisted that every voter should swear that he was a bona fide eitizen of Kansas, to which the Missouri judge objected, and proposed that all should swear that they were inhabitants of Kansas ( which they were at the time), which was agreed to and the voting began. A few took the oath at the start, which was soon dispensed with. Then it was free for all. I voted and took the oath. In a little while the two Kansan judges came out of the eabin and left the place. By ten o'clock the mass of humanity was so dense and compact that it was almost impossible to get back after voting. Some were lifted up by the Com- mittee on Elevation, placed on the eve of the roof, went over the comb, and were received at the opposite eve and lowered to the ground by the Committee on Deseent. The second time I voted (only voted twice), I went over the roof, and I know from my own experience that -the per- formance on the roof of the eabin was really and truly high and lofty tumbling.
Some voted many times. One old planter near this place said he voted 144 times. One man from Lawrence expressed his opinion too freely. When some of our men went for him he made a break for the river bank and as he went over it Joseph J. Chin (one of Doniphan's men) fired his pistol in the air with no intention of hitting him, but to accelerate his speed. The pro-slavery party eleeted their candidates and controlled the first territorial convention to Kansas.
Jo Shelby was there doing a great deal of loud talking. and after a heated wordy contest with Mr. Brown. |G. W. Brown] of Lawrence, ‹lined with him.
The Missouriaus went to that election well armed.
Most respectfully, JAMES ILALE.
Many of the Free-State men did not vote. The exact number of legal votes east in the Territory was fourteen hundred and ten, not quite half the number shown by the eensus. The returns of the election are shown in the following tables :
396
\ , liepte- selitative ilistrict
No of
election distri t
Precihets and place ut Voting
No, of Representatives
Pro-Slavery Candidates
election district
Their vote II Rep. district
Free-State Candidates
1
4
Dr. Chapman's
1
A. S. Johnson.
43
120
A. F. Powell ..
252
1
Lawrence
3
James Whitlock
780
John Hutchinson
53
:
2
Bloomington
2
G. W.
318
318
318
E.
. Macy.
12
3
Tecumach
1
D.
Ł Croysdale. .
366
366
210
222
A. I. Baker.
25
49
6
Fort Scott
8
A. Williams.
313
315
William Margraves
16
4 4
W A. Heiskell.
377
John Serpell
9
Pottawatomie Creek
Wm. A. Heiskell
198
John Serpell
61
Allen Wilkinson
198
S HI. Houser.
64
Samuel Scott
198
Wm. Jennings
62
Wm. A. Heiskell.
74
John Serpell
17
Allen Wilkinson
Adam Pore
Henry Younger
74
W'm. Jennings
Littlo Sugar Creek.
Wm. A. Heiskell.
32
Adam Poro
62
Henry Younger
35
S H. Houser.
64
Samuel Scott
35
684
W'm. Jennings
Russell Garrett
18
S. D.
Houston.
5f
8
Pawnee
-
10
Big Blue
Russell Garrett
21
41
S. D. Houston
21
Fr. J. Marshall
12
Hf. McCartney
10
HI. McCartney
7
10
1.
Hickory Point
1
Wm II. Tebbs.
237
237
Hard
A. Cutler.
15
R. L. Kirk
52
John Landis
8
Doniphan
J. H. Stringfellow
313
...
R. L. Kirk.
292
G A. Cutler.
31
John Landis
25
.J. H. Stringfellow.
48
R. L. Kirk ..
10
420
G A. Cutler
11
Thomas W. Water > **!!
258
2.8
13
13
2
H. B. C. Hairis -
412
412
412
14
16
Leavenworth
3
Wmo. G Mathias
889
Felix G. Braden
H. D. McMeekin
$89
Archy Payne .
895
Samuel France 1. Browning
3
17
Shawnee Mission
A. S. Johnson .
J. M.
Banks.
A. B. Wade.
781
781
F. D. Ladd ... P. P. Fowler.
254
Isaac Davis
12
C. K. Holliday.
1
4
I. B. Titus's
1
M. W. McGee
M. W.
McGee
Joseph C. Anderson
315
.Jno, Hamilton
35
Bull Creek
Allen Wilkinson
375
Henry Younger
375
S. H. Houser
Samuel Scott
377
Wm. Jennings
9
Adam Pore
54
Big Sugar Creek
16
& H. Ilouser.
17
Samuel Scott
John Serpell
1:2
Allen Wilkinson
S D. Honston.
Rock Creek
1
1:4
Silver Lake
:
St. Marys
l'r J. J. Marshall.
4
344
11
11
Wolf River .
Jolm H. Stringfellow
57
.T Ryan
8
18
Nemaha
Burr Oak
Joel P. Blair.
356
John Landis
15
John Feo
18
Joel Ryan
Russell Garrett
Fr. J. Marshall
328
11
26
KANSAS AND KANSANS
ELLATION OF MARCH :0. 1555. BY REPRESENTATIVE DISTRICTS
Their vote in
vote in Their vote In Their election district Rep. dist
Ward ..
0.
H. Browne ..
H. Rice .
23
8 5.00-133
Council Grove
12
Adam Pore
Henry Younger
17
J. Weddell
397
RETURNS OF ELECTION, BY ELECTION DISTRICTS, MARCH J. 1855
Cousus 1835
No. of
State Scat-
Total
No. of
No. of Resl-
Districts
Precinct
Vutes
tering
Total
1,034
2.12
802
+ 369
962
2
Bloomington
318
12
11
341
30
01G
199
319
:
Stinson'e or Tecumseh.
366
1
372
538
101
982
4
Dr. Chapman's
78
c1
80
15
45
177
5 Bull Creek
Pottawatomie
19;
-1 Big Sugar Creek.
74
17
98
32
59 (
Little Sugar Creek.
24
101
104
250
253
810
Isaac B. Titus
211
Council Gruve
39
85
9 Pawnee
Elg Blue
10
Rock Creek
11
Marysville
028
325
321
24
36
12
St. Mary's
4
12
Silver Lake
12
19
33
33
144
13
Hickory Point
233
239
12
230
96
284
14
Doniphan
313
30
3
3167
1
14
Wolf Creek
57
15
78 }
200
530 )
334
1,167
14
Burr Oak
276
e
48
306 j
1
15
Hayes
412
5
417
80
337
208
873
16
Leavenworth
899
60
5
964
150
814
385
1,183
17
Gum Springs
43
16
59
59
50
150
18
Moorestown
48
14
C2
17
45
28
99
Total
.3,427
791
6,307
1,410
4,908
2,903
8.601
781
233
.
1:
380 )
191
442
1.407
6 Fort Scott
317
:: 0
100
25
209
33
118
1.
23
4 2
48
21
30
86
03
Total legal votes illegal votes Votes
dents
1 Lawrence
Pro- Slavory Votes
Free
11
11
151
The Missourians had elected a Legislature to suit themselves. majority of the members lived in Missouri and had no intention of making a legal residence in Kansas. The candidates put up by the legal voters had been uniformly defeated. They appealed to Governor Reeder to set aside the election. When it became known that the elec- tion might be contested the members having the majority of votes de- manded their certificates of election of Governor Reeder. These they desired to procure before formal protest had been filed. The inde- cision of the Governor eaused him further trouble. His hesitation brought him many letters threatening his life, should he set aside the election. The Missouri papers contained incendiary articles for the purpose of intimidating the Governor. The Organic Act gave him full power to declare the election illegal if he should have sufficient grounds and desired to do so. The result of the election and the demands of the Missourians placed him in a dangerous position. His party expected that his official action would be in favor of the establishing of slavery in Kansas. His associates in the Territorial Government fa- vored the actions of the Missourians. Describing his aetions in passng upon the returns of this election, Governor Reeder had this to say :
About the time fixed as the return day for that election a majority of the persons returned as elected assembled at Shawnee Mission and Westport, holding private caneuses at both places. I had frequent conversations with them, and they strenuously denied my right to go behind the returns made by the judges of the election, or investigate in any way the legality of the election. A committee called upon me and presented me a paper, signed by twenty-three or twenty-four of them, to the same effect. Threats of violence against my person and life were freely afloat in the community ; and the same threats were reported to me. as having been made by members elect. in their private eanenses. In
KANSAS AND KANSANS
398
KANSAS AND KANSANS
consequence of it being reported to me that a number of the members. in their caucuses, in their speeches, had declared they would take my life if I persisted in taking cognizance of the complaints made against the legality of the elections, I made arrangements to assemble a small number of friends for defense, and, on the morning of the 6th of April I pro- ceeded to announce my decision upon the returns. Upon the one side of the room were arrayed the members-elect, nearly, if not quite, all armed ; and, on the other side, about fourteen of my friends, who, with myself, were also well armed. My official action npon those election returns was entered on the exeentive minutes, and is already in the possession of the committee. I was not then aware of the frauds perpetrated in the other districts, which were not set aside, as no complaints had been filed, and the facts had not been communicated to me. Sufficient opportunity to contest the election had been given by the proclamation. The form of complaint was very simple, and full five days, exclusive of the day of election, were allowed for filing it. The most remote polls were within three days' journey, or less, of my office, which was kept open till mid- night of the last day. The reasons why they were not contested have heen stated already by other witnesses.
What the Governor did in relation to this election is shown by the executive minutes here set out :
April 6, 1855 .- Decision of the Governor upon the returns of clection held 30th March, 1855:
First Council District .- Besides the protest filed against the election at Lawrence for importation of votes, there is a defect in the return. The words "lawful resident voters" are stricken out. The Lawrence eleetion is therefore set aside, and a new election must be had for Rep- resentatives.
Fourth Election District .- Besides the protest filed in this, there are material omissions in oath and return, purposely made. This must also be set aside.
Seventeenth Election District .- The form of return is correct as pre- scribed, and no protest for illegal voting. The form of oath differs from that prescribed, but is a searching one, and nearly, if not quite, equivalent to that prescribed, and perhaps ought to be sanctioned. If so, this dis- triet will elect Thomas Johnson, Edw. Chapman, Council ; A. S. Johnson, Representative. This election is, however, not declared at present, but held under advisement.
Second Council District .- The judges were sworn by G. W. Taylor, who had no authority to administer the oath. In addition. there is a protest complaining of importation of voters, and violent expulsion of the original judges. For want of sufficient oath, the election is set aside, and a new election for Couneil and Representative ordered.
Third Council District .- Besides the protest for violent expulsion of the judges at the Teeumseh polls and for illegal votes, there are material erasures in the oath, purposely made; return in form prescribed. This is held under advisement for the present, but will probably be set aside. and if so, a new election will be ordered for Representatives.
Seventh Election District .- Besides the protest complaining of a large number of illegal votes, the judges do not appear to have been sworn at all. This poll is therefore set aside.
Eighth Election District .- No protest is filed, and the proceedings in regular prescribed form. A majority of votes for members of the House of Representatives are cast for A. I. Baker, Esq., and he is declared elected in the Fifth Representative District. For Council, the vote is a tie
399
KANSAS AND KANSANS
between II. J. Striekler and H. Rice, so that as to Council the result still depends upon the Tecumseh poll.
Fourth Council District .- Of the four precinets, Bull Creek is the only one contested, that from Pottawatomie Creek being withdrawn. Suppose the complaint to be true, if successful it cannot alter the result. The remaining three precinets are uncontested and in form, and gave a majority to A. M. Coffee and David Lykens for Couneil ; W. A. Ileiskell, Allen Wilkinson, Henry Younger and Samuel Scott for the House of Representatives, and they are declared elected.
Fifth Council District .- The returns are all in due form, and no pro- test. William Barbee for Council, Joseph C. Anderson and S. A. Wil- liams for House of Representatives, are declared elected.
Sirth Council District .- The Ninth and Tenth Election Districts are in form as to their returns ; no protest. S. D. Houston is declared elected Representative in the Eighth Representative District.
In addition to the protest against the Eleventh Election District (being the poll at Marysville), the returns show a fatal defect. Instead of conducting the election by ballot, it must have been held viva voce, as the manner in which each person voted is recorded at once opposite his name. As the proclamation required the election to be by ballot, and the tickets to be counted after closing the polls, it is impossible to sustain this return. It is accordingly set aside. The residue of the distriet gives M. F. Conway a majority for Council, and he is declared elected.
In the Ninth Representative District-the Marysville poll being set aside-the returns of St. Marys and Silver Lake give Solomon McCartney, 19; F. J. Marshall, 16; Palmer McCartney, 7; and Solomon McCartney is declared to be elected. It is alleged that there is no such man, and that the vote for him was east under mistake of the name of Palmer MeCartney. A slight difference in name should always be disregarded, to carry out the will of the voter, but the difference here is too great to be reconciled. If these facts are shown as alleged, the vote for Solomon MeCartney is a nullity, and the certificate will be granted to Francis J. Marshall.
Nerenth Council District .- The returns in form, and no protest. John W. Foreman for Council, J. II. Stringfellow and R. L. Kirk for House of Representatives are declared elected.
Eighth. Council District .- The returns in form, and no protest. Joel P. Blair and Thos. W. Watterson for House of Representatives, are declared elected.
Ninth Council District. Returns in form, and no protest. D. A. N. Grover for Council, II. B. C. Harris and JJ. Weddle for House of Repre- sentatives, are declared elected.
Tenth. Council District .- Besides the protest filed against the Leaven- worth poll for illegal voting, it appears that the judges purposely struck out a material part of the prescribed form of return, to wit: that the votes were polled "by lawful resident voters." This poll is set aside. and a new election for Representative becomes necessary.
In the Thirteenth Election District, the protest filed has been with- drawn, and the result stands upon the return of the judges who con- ducted the election, and a counter statement of the judges appointed by the proclamation, who, after having taken the oath and entered upon the performance of their duties, abandoned the polls and left the grounds. because, as they say, a large number of non-residents were on the ground demanding to vote, and obstructing the polls, and because no lawful votes were presented. This is not a protest as provided for in the proclamation, and even if regarded as a report or return by them, rela
400
KANSAS AND KAANSANS
tive to the performance of their official duties, does not diselose sufficient reason for vacating their posts. They were not drawn away by force. If illegal votes were offered, it was their duty to remain and reject them. If the polls were obstructed, it was their business at least to endeavor to clear them, and at all events to endeavor to remain at their posts in the performance of their duty until the time for closing the polls, unless driven away by violence. The place they left was filled by other judges appointed according to the proclamation, and their return, which is in form, and no protest before me, shows a majority for L. J. Eastin and R. R. Rees for Council, W. H. Tebbs for Ilouse of Representatives, who are accordingly declared elected.
Governor Reeder, it will be seen, set aside the election in the first, second, third, seventh, eighth and sixteenth districts. To the persons having received the highest number of votes in all the other districts, he issued certificates of election. In the districts where the election was set aside, he called au election to fill vacancies, to be held the 22nd of May He also fixed the time of the meeting of the Legislature for the first Monday in July. It was to meet at the town of Pawnee, where a Capitol building was in course of erection. This town was on the present Military Reservation of Fort Riley. Governor Reeder left the Territory on the 17th of April to visit his home at Pennsylvania, "for the purpose of taking out my family and attending to private business, as well as for the purpose of consulting with the President in regard to the state of things in the Territory." He did not return until the last of June.
The election ealled for the 22nd of May was not attended by the Missourians, except in the preeinet of Leavenworth. It was their plan to ignore this election, as the action of Governor Reeder had given them a large majority of the Legislature. They knew that they could unseat any members elected at this supplementary election, which resulted in the elioice of six Free-State members of the House, and two Free-State members of the Conneil. The House members were, Philip P. Fowler, John Hutchinson and Erastus D. Ladd, of Lawrence; Augustus Wattles, William P. Jesse, of Douglas, and Cyrus K. Holliday of Teenmseh pre- einct, which included Topeka. To the Council were elected John A. Wakefield and Jesse D. Wood.
CHAPTER XXI
THE LEGISLATURE
The Legislative Assembly was constituted as follows :
COUNCIL
First District .- Thomas Johnson, Edward Chapman.
Second District .- John A. Wakefield.
Third District .- Jesse D. Wood.
Fourth District .- A. M. Coffey, David Lykins.
Fifth District .- William Barbee.
Sixth District .- M. F. Conway.
Scucuth District .- John W. Forman.
Eighth District .- William P. Richardson.
Niuth District .- D. A. N. Grover.
Tenth District .- Lneien J. Eastin, Richard R. Rees.
HOUSE
First District .- A. S. Johnson.
Second District .- Philip P. Fowler, John Hutchinson, Erastus D. Ladd.
Third District .- Augustus Wattles, William Jessee.
Fourth District .- Cyrus K. Holliday.
Fifth District .- A. J. Baker.
Sixth District .- Joseph C. Anderson, S. A. Williams.
Screuth District .- W. A. Heiskell, Allen Wilkinson, Henry Younger, Samuel Scott.
Eighth District .- S. D. Houston.
Vinth District .- F. J. Marshall.
Tenth District .- William H. Tebbs.
Eleventh District .- John II. Stringfellow, R. L. Kirk.
Twelfth District .- Joel P. Blair, Thomas W. Watterson.
Thirteenth District .- II. B. C. Harris, J. Weddell.
Fourteenth District .- William G. Mathias, II. B. MeMeeken, Archi- bald Payne.
Governor Reeder returned from Washington in time to be present at the meeting of the Legislature at Pawnee. His aet in locating the Territorial capital at Pawnee cannot be justified. It was westward beyond the remotest settlements. The aeeommodations for members of the Legislature and State Officers were wholly insufficient. The mem- bers had protested to the Governor against the location of the capital at that point. The action of Reeder in this matter was evidently eaused by his interest in the Pawnee Town Company. That company Vol. 1-26
401
402
KANSAS AND KANSANS
had ereeted a stone Capitol Building, two stories in height, and forty by eighty feet in dimensions. A Major Klotz had put up a boarding- house with capacity for forty people. A Mr. Teeples and a Mr. Knapp had each a boarding-house for twenty persons. Two miles away, at Fort Riley, a Mr. Lowe had a hostelry to eare for fifteen persons; it was his plan to have a conveyanee to carry his boarders back and forth to the Capitol Building. The Governor insisted that these accommodations were sufficient for the needs of the Legislature, and that all would be comfortably housed, the tables being as good as at the average hotel of the time-which was promising little.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.