planation, solely for the purpose of showing why the certificate differs from his testimony.

gov

Witness resumed: I took an oath of office at the election on the 22d of May, as one of the judges of election, as prescribed by the ernor. The other judges took the same oath. I consider myself a conservative man. Myself and Mr. Fisher were in favor of making Kansas a free State. The reason why we took so many illegal votes was, because I was overruled. The other judges must explain their own conduct themselves. Mr. Fisher and I never spoke about admitting votes until we got into the room where the poll-books were. The question was sprung upon me when we were in the room taking votes, and it was decided against me by the other judges. This decision was made upon a challenge, but whether by me or somebody else I do not know. The pro-slavery men all voted, or generally so. There were no political fights, but there was some political excitement, but I do not know that there was more than usual on days of election. I saw nothing there to deter me from doing my duty as a judge of the elections.

LEAVENWORTH CITY, K. T., May 31, 1856.

MATT. FRANCE.

To Mr. Matthias:

J, H. DAY testifies:

I came into the Territory on the 11th of October, 1852, from St. Paul's, Minnesota Territory, and settled in Leavenworth city, and have lived here ever since. I was present at the election of the 22d of May, 1855, in this city. The candidates of the pro-slavery party considered that the governor had no right to set aside the election o the 30th of March, 1855, and order a new election; and they took but little interest, and left the people to do as they pleased about it. I do not recollect as I voted that day. There was no crowd of strangers here on that day, and the election passed off quietly. I do not recollect of hearing an angry word that day. I never heard the legality and fairness of that election questioned by any one, unless in this way-that the governor had no right to order it. I think the number of legal voters was larger on the 22d of May in this district than at the previous March election; and my opinion is, that the majority of the pro-slavery party had increased. I could not designate any legal voters of the district who were not present at the election of the 22d of May, because my memory is not clear on that point, on account of the number of elections that have been held in this city since then. When I first came into the Territory I brought a letter of introduction to Governor Reeder, which I presented to him in a short time after I arrived; and at that time, and also afterwards, when I was appointed by him a justice of the peace, I endeavored to learn from him what time the Territory would be probably organized and the legislature called together, but I could get no satisfactory answer from him; and by the time of the March election there was a

general dissatisfaction at the delay in organizing the Territory, and I have no doubt if the Territory had been organized as soon as the Territory of Nebraska was, there would have been no difficulty here. I think the primary cause of the difficulty in the Territory was the operation of the Emigrant Aid Society. Subsequently to that Governor Reeder seemed to co-operate with them-so the general impression seemed to be; by keeping the elections back from fall to spring was to produce a different result. It is my opinion that if the government had been organized immediately after the governor had arrived here, there would have been no difficulty, as parties could not have had time to be got up to raise excitement on the political questions of the day. The people were also dissatisfied in regard to the time when the census was taken, which was in mid-winter, when many of the actual residents were in Missouri, to pass the cold weather and settle up their business, intending to return into the Territory in the spring; and those persons were not enumerated in the census that was taken, because the census takers said the governor had ordered them to take the names of none but those then in the Territory. The people were frequently consulting and conversing about doing something to importune and induce the governor to proceed and organize the Territory. I became so much dissatisfied at the delay myself, that I sent in my resignation to the governor as justice of the peace, about the 1st of March, 1855.

Cross-examined by Mr. Howard:

I think that the operations of the Emigrant Aid Society is generally regarded as the primary cause of the difficulty here. My understanding of the operations of the society, formed from the New York Tribune and some publications purporting to be from the society, were, that they formed an association to assist emigration in the west, and through this emigration to obtain valuable possessions, property, &c., in the Territory, to make Kansas Territory a free State; and then the emigrants were to pull up stakes and move to other places to do likewise. The Tribune, I think, said that when they had employed their operations here they would carry the war into Africa; meaning, I suppose, that they would commence operating in Missouri. This I understood to be the case before I came into the Territory. If I had proof conclusive that such was not the object and operations of the Emigrant Aid Society, then I should say that the general belief that such was the case was still the primary cause of the difficulty here. J. H. DAY.

LEAVENWORTH CITY, K. T., May 31, 1856.

WILLIAM H. ADAMS, testifies:

To Governor King:

I was residing here at the May election, and had resided here since August 1854. At that election, the same candidates which had been elected at the 30th of March election, and which election had been

set aside by the governor, were re-elected on that day, though they did not proclaim themselves as candidates, from the fact that they considered their previous election legal. I never heard a charge that the election of the 22d of May was carried by illegal voters. gave it up, considering that they were in a minority in this district; They that the pro-slavery party was the strongest. I did not see many Missourians here on the 22d of May. Some few of them I saw vote, but some of them said they considered themselves residents of this district, and had property here. I think we had five hundred majority in this district at that time.

On the day of the election, I saw a steamboat called Kate Kassell. I saw one of the free-State candidates on the boat. I couldn't tell what he was doing. He was on the lower deck among the hands. After that, some twenty or thirty of the deck hands came up and voted the free-State ticket. From my knowledge of the Missourians, who voted here that day, I think it was about a fair stand off. That has always been my impression.

To Mr. Sherman:

I was on the "Kassel" that day myself. I know those men voted the free-State ticket, by the color of their ticket. I do not know why they were not challenged. I was present at the time. I do not know that any one was challenged that day. We did not consider that election as a legal election, as the candidates had before been elected. I cannot say whether there were more than fifty illegal votes that day, more or less.

LEAVENWORTH CITY, K. T., May 31, 1856.

WM. H. ADAMS.

To Mr. Howard:

GEO. H. KELLER testifies:

I was here in Leavenworth city at the called election of the 22d of May, 1855, for members of the legislature. I do not now recollect all the judges of elections that day. Mr. France was one, I think. The pro-slavery candidates were Mr. McMeekin, Mr. Mathias, and Mr. Payne. I was so very busy in my hotel at that time, that I cannot call to mind all the particulars about these elections. I think Mr. France was one of the judges at the May election, though it may have been the March election. I do not think I voted on the 22d of May. I was not around among the voters much, but I noticed as I passed through the streets, that the crowd was very great, and perhaps as many as on the 30th of March, 1855. A great many persons from Platte and Clay and Ray counties whom I knew, and who told me they were from those counties, were here. I lived in Platte county for ixteen years. The election looked very much like old elections I ised to attend in Platte county, as there were so many familiar faces o me. I did not see any of these persons vote. A gentleman by the ame of Gaitin came to my house in the morning, and said he had

brought over a pretty good company, some sixteen or seventeen. I think he said, to vote. He was from Clay county, near Liberty, Missouri. I recollect of talking to another man, who told me he was from Ray county, here, and I do not recollect his name. He said he had brought along a pretty good company; but I do not recollect that he told me how many he had with him. I do not know as Mr. Gaitin told me on that day what induced him to come here to vote, or in regard to their right to vote. He told me that it was the calculation to come here and vote, and to have those with him vote. I did not attend the polls, and cannot say whether any of these men voted

or not.

Cross-examined by Mr. Oliver:

I do not recollect the name of the person who told me his party came from Ray county. I think he said he came from somewhere near Richmond, Ray county. I should recollect the man if I should see him; but I cannot tell his name, and do not know as I could recollect his name if I heard it. I do not think he told me how many he had with him, but he said he had a company with him. I have seen the man here since this committee came here. I do not know that he lived in Ray county, except that he told me so, and that he intended to come to the Territory. If I am not mistaken, he said something about having a claim in the Territory. I do not recollect whether he said anything about the others having claims here. Upon hearing the name of Wilkinson, I think it sounds something like the name of that man, though I cannot be at all positive about it. I do not know that any persons from Missouri voted. I noticed no disturbance, or effort to control the vote of any one. I was not at the polls at all. I know but little of what was going on. I did not vote; not because I was afraid, but I did not want to push myself through the crowd, and take up so much time in voting, and because I understood Missourians were there. No one from Missouri told me he voted the free-State ticket, that I know of. I do not recollect of any gentlemen coming down from Weston, Missouri, and saying they would vote the free-State ticket, if they voted at all. I did not see any men from Missouri I knew to be free-State men.

LEAVENWORTH CITY, K. T., May 31, 1856.

G. M. KELLEY.

By Mr. Sherman:

ADAM FISHER called and sworn.

I came to the Territory in October, 1854, and have resided here ever since. My occupation is that of merchant.

I was one of the judges of the election in May, 1855, for the election of three representatives; and appointed by Governor Reeder. There was considerable excitement in the community at that time.

There had been different constructions put upon who were legal voters and who were not. On the morning of the election the judges

appointed by the governor met at the place of election. The question was not raised before the opening of the polls. The question was raised along as the vote proceeded frequently, but at what stage it was first raised I do not know. France frequently made the objections. My own opinion was, from what I heard and from the explanations of lawyers, that a man having a claim or interest here, and intending to move here in future, had a right to vote. I cannot be positive as to whether anybody was refused the right to vote. No challenges were made outside. For my part, I allowed no man to vote but such as I have described. I know that Mr. France made frequent objections; but whether we overruled him or not in every case, I cannot say. I don't think I ever held, that merely because a man was here, he could vote. He must have some show of interest. My impression is that we did not administer an oath that day that I recollect of, but we were asked many questions, and in many cases the friends of the voters would tell what interest they had, and we would take it so, and allow them to vote. I do not know that we allowed any people that came up in a steamboat that day to vote. I don't know that we took the vote of any total strangers without asking them some questions. I do not know but we received the votes of some men who had homes in Missouri, as the ground I took was, that every man who had any interest here had a right to vote. There were many citizens of Missouri who had interests here—at least they said so, and I believed it; and in all such cases Lyle and I received their votes, France in many cases objecting. I cannot state what proportion or number of persons voted that day who had interests here, who resided elsewhere. I can't state what number of free-State men refused to vote that day, but I know that some of them did not vote, and would not vote.

At night, when we were making up our return, Mr. France contended that the words "by lawful resident voters' should be stricken

out.

I did not take any interest in that question, and do not remember distinctly whether it was done or not. I know that he contended for it at night, and differed with us in many cases as to who were legal resident voters during the day. I did not feel frightened myself, but if we had excluded the Missourians from voting I do believe there would have been a fuss. I mean by Missourians such men as claimed to have an interest. I thought they would have insisted upon their voting strongly. I don't know that this influenced me in my opinion. I acted upon my own opinion-upon what was law— upon what I heard other men say.

To Governor King:

I

Myself and Mr. France were what were called free-State men. do not know of any free-State men being deterred from voting that day on account of his political views, and if they had wanted to vote they had an opportunity to, so far as I know. I don't know that any crowd that came off of a boat voted that day. I don't remember that any crowd of twenty or thirty men, distinct in their appearance from other men, voted a mixed ticket or otherwise; and as far as I can now remember, I cannot state whether there were different H. Rep. 20034*