protect persons and property and to punish wrong, but for unlawful purposes.
Fourth : That the election under which the pitting 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 the contesting delegate, Andrew H. Reeder, claims his seat, was not held in pursuance of 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 held without a new census, a stringent and well-guarded election law, the selection of impartial judges, and the presence of United States troops at every place of election.
Eighth : That the various elections held by the people of the territory preliminary to the formation of the state government, have been as regular as the disturbed condition of the territory would allow ; and that the constitution passed by the convention held in pursuance of said elections, embodies the will of a majority of the people.
As it is not the province of your committee to suggest remedies for the existing troubles in the territory of Kansas, they content themselves with the foregoing statement of facts.
All of which is respectfully submitted.
Wm. A. Howard,
John Sherman.
The free state constitution,[1] framed at Topeka, as set forth in the foregoing report, was duly submitted to congress, and referred, in both houses, to the committees on territories ; but the accompanying memorial from the free state legislature, setting forth the grounds of the application, and praying for admission as a state, was rejected by the senate on the allegation that material changes had been made in it since it left Kansas. The senate also rejected repeated motions to accept the constitution and admit Kansas as a free state ; but sixteen senators being found in favor of such admission.
In the house, the majority of the committee on territories reported in favor of the admission of Kansas, under the aforesaid constitution, as a free state ; and after debate, the previous question thereon was ordered on the 28th of June by a vote of 98 ayes to 63 noes. Previous to this, Mr. Stephens, of Georgia, had proposed, as an amendment or substitute, a radically different bill, contemplating the appointment by the president and senate of five commissioners, who should repair to Kansas, take a census of the inhabitants and legal voters, and thereupon proceed to apportion, during the month of September, 1856, the delegates (52) to form a constitutional convention, to be
- ↑ Article I. Sec. 6. There shall be no slavery in this state, nor involuntary servitude, unless for the punishment of crime.
