to his voting, and referred him to the rest of the board. Mr. Cameron, noe of the other judges, had also stated that if he intended to go back to the State of Missouri after he had voted, he could not permit him to vote. He asked him one question further; if he was a bona fide settler of the territory. He said he was, and Mr. Cameron then said if that was the case he did not think he could prevent his voting.

Before we had got through with him, Colonel Young came forward and requested Mr. Page to withdraw his vote and allow him to vote. Colonel Young said, the manner in which he should present his vote would be the manner in which all his people should present their votes, and that if he was permitted to vote all the rest could vote. He was then put upon his oath. I questioned him as to his residence. He stated he was a bona fide resident of the Territory. I inquired if he had any home in any other State. He said it was 'none of my business or anybody's else. He said that if men swore they were residents it was my business to receive their votes as legal voters of the Territory. I told him it was the business of the board, as I understood it, to inquire and satisfy themselves as to that, and not let voters decide as to their own cases. He refused to answer any other question in any other form, except that he was a bona fide resident of the Territory; but finally, in arguing the case, he said that in voting here men would disfranchise themselves in his State for one year. He said he could not and should not attempt to vote in Missouri for one year after he had voted here. In asking him some other questions he said he considered them impertinent, and that he was incompetent of perjuring himself; and stated that if any one insinuated that he had perjured himself, or was competent to perjure himself, he would tear their heads from their shoulders. I told the colonel his threats would probably make no difference in the minds of the judges, but they would try to satisfy themselves as to the right of the voters. The question was then taken upon his right to vote, and two of the judges decided he had a right to vote, and his vote was received. I told the board if they were going to permit men to vote upon such evidence as that, I would have nothing more to do with them, and I resigned.

I came over the evening previous to the election, and had a consultation with Mr. Cameron. There was a number of gentlemen at the "Free State" office, at that time, from the camp; and one of them came to us and advised us to resign, as our position was a dangerous one; and that if we knew the crowd that had come up as well as they did, he did not think that they could be induced to sit as judges. At that time both of us agreed we would go to the polls, let the consequences be what they might. During the conversation with Colonel Young, he told me he lived in Missouri, and also the county he lived in, but I do not remember that.

I have resided in this district since the first settlement of it, and I have never seen Colonel Young here since that time. From my knowledge of this district, I think he has never resided here. During the consultation in the morning about Colonel Young's vote, Mr. Cummins agreed that all persons who were here at that time were residents, and consequently legal voters.

LAWRENCE, K. T., May 2, 1856.

JAMES B. ABBOTT.

IRA W. ACKLEY called and sworn.

Examined by Mr. Reeder:

I came into the Territory on the 16th of September, 1854, from Cataraugus county, New York, and settled in this district, and have resided here ever since. I was here on the 30th of March, 1855. I saw a party of strangers come in here, which I heard estimated from six hundred to eight hundred or one thousand, and I should think there were about that number. I think the most of them encamped in a body. I saw their camp. They attended the election that day and voted. They were armed; the most that I noticed had rifles and shot guns, and a great many had revolvers and bowie knives; some of them had clubs. There was music-a drum and fife-and they had flags. They marched once, I think, with music to the polls, and fired their guns. I tried to get to the polls a great many times during the forenoon, but could not succeed; and many who voted had to go over the top of the house, as there was such a crowd they could not get back. In the afternoon they formed in a column two by two, and went up by the window. They stated their object in voting here was to carry the election, and have slavery here. A good many of them said that they would have slavery here, or dissolve the Union, or die. After the election they left. I saw in the afternoon, after the line was formed, some of them would vote and pass back to the end of the line, and pass up and vote again. I noticed three do that, and thought there were many more.

Cross examined by Mr. Oliver :

I do not remember the names of any of those who made the declaration I have mentioned. One told me he lived near Jefferson city; I bought some Osage orange seed of him. I heard some declare there were numbers here from the north and east who had no more right to vote than they had. I do not remember of hearing them say that there were societies in the north to make this a free State, and they would beat them at their own game. I heard them say that they understood a number from the northern and eastern States, who had recently arrived, were going to vote, and they had the same right as the others.

LAWRENCE, April 26, 1856.

IRA W. ACKLEY.

Points of objection by Mr. Oliver, touching the mode of examining witness, &c., filed April 28, 1856.

As a member of the "Kansas Investigating Committee," the undersigned makes the following points of objection to the mode of examining witness, as now pursued by the committee; and, to the end of rendering his points manifest, he, in the first place, begs to advert briefly to the resolutions defining the powers and jurisdiction of said committee.

66

The first resolution provides, among other things, that said committee shall proceed to inquire into and collect evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud or force attempted or practised in reference to any of the elections which have taken place in said Territory, either under the law organizing said Territory, or under any pretended law which may be alleged to have taken effect therein since."

Under this clause of the resolution, the undersigned maintains that the only points, in regard to which the committee are authorized to take evidence at all, are, as to whether there were any fraudulent or illegal votes given at any election, or any other acts done in fraud of the ballot box; as, for example, force employed or used, or attempted to be employed or used, in reference to any election in said Territory, and which was intended to constrain, restrain, or intimidate voters; and also in regard to the troubles in Kansas generally. Then as to the affirmation that illegal or fraudulent votes were given, the undersigned maintains that the names of the persons alleged to have cast. illegal votes should be given, and that all such, being competent witnesses, should be subpoenaed to appear before the committee to give evidence touching their alleged illegal voting; and the undersigned objects to, and enters his solemn protest against, allowing witnesses to state what they heard certain persons say on the day of or before the election, or any of them, as to their having voted and not being residents of the Territory; especially, when the witness is unable to give the names of the persons of whose declarations he testifies. He insists that this species of evidence (hearsay) is never allowable in courts. of law or equity; and that to allow such evidence in regard to the subjects of the committee's investigation would be, and is, unjust to the parties whose rights or interests are to be affected by it; and that such evidence would be, and is, violative of the well established rules of evidence, as recognized by all standard works on evidence, and especially Greenleaf, on that branch of jurisprudence, whose works on evidence the committee have, by agreement, adopted as the standard authority in their investigations; and the undersigned insists on the application of the rules as laid down by that eminent author.

As to the affirmation that force was "attempted, or practised in reference to any elections" in the Territory of Kansas since its organization, the undersigned maintains that these allegations should be proven as any other facts; and the only proofs that can legally be admitted are to the effect that actual force was employed, or attempted. to be employed, to force and control the voters at any of said elections; and that the mere presence of persons, in great or small numbers, armed, at or about the polls would not be sufficient, unless such persons actually employed their power directly to control the ballot box, or that they directly attempted to do so. Relying upon the foregoing points, the undersigned maintains that the evidence should be limited to the propositions of force employed or attempted to control said election, by violently and forcibly interfering with voters in reference to the election and their right to vote.

The undersigned desires this paper to be filed.

M. OLIVER.

JOHN C. DAVIDSON recalled.

Examined by Mr. Reeder:

I was here at the election of March 30, 1855. I moved into the Territory in July, 1854, from Carroll county, Missouri. I had moved to Missouri from Virginia in 1839. I saw a large body of strangers. encamped here on the day of election in March, 1855. I was at one camp composed of men I knew in Carroll county when I lived there. I had conversation with two of them upon the subject of their being here. I do not recollect that they told me how many were here from Carroll county, or from Missouri. They told me they came here to vote; that they considered they had a right to vote here; that according to the way the Kansas-Nebraska bill was drawn up they had a right to vote here while they were residing here, and they were residing here while they were here. They said they came here to vote and intended to vote, and would not be driven from the polls; that each man of them was prepared to go eight rounds without loading and the ninth round with the butcher knife. They said they had come into the Territory some two or three days before the election and intended to go back as soon as the election was over; they said they did not intend to settle here. The men I talked with said they came from Carroll county. I saw men here from Lexington that I was acquainted with, but had but little conversation with them. I do not recollect of seeing any men from other places I was acquainted with.

By Mr. Woodson:

The men I was talking with said that eastern men were coming up the river with pasted on the front of their hats, in large letters, that they intended to make Kansas a free State, and that they considered they had as good a right to come here and vote as the eastern men. I did not hear any other reason given.

LAWRENCE, K. T., May 3, 1856.

JOHN C. DAVIDSON.

Dr. JOHN DOY called and sworn.

Examined by Mr. Reeder:

About two weeks previous to the 30th of March, 1855, I renewed an acquaintance with a person who went by the name of Red Robinson, from Missouri. I asked him his business. He took me into where the post office was then held, in Lykin's log house, on the other side of the ravine, and I saw a great quantity of provisions, bacon, flour, meal, corn, and oats, &c. He said that we were going to have a number of boys shortly to help us to vote and this was to provision them. In looking around I saw that the provisions seemed all arranged, the bacon in a pile; the flour in a pile; the corn meal in a pile, and the oats in bags in a pile, and the corn in bags in a pile. Before he had told me what the provisions were for I had bought some corn and meal from him. At the time of the election I saw Robinson and

William Lykins deal out the provisions to the companies here encamped in the ravine.

I saw among the different companies little flags with inscriptions on them, such as "Clay county boys," &c. I was with Mr. Bond and Mr. Stearns when Mr. Bond was driven off the ground and shot. at. Mr. Milt. McGee, a Missourian, came up and pointed at Mr. Bond, and said there was a Lawrence bully. Some four or five persons. made at him then, as I was standing close to him, and he ran round the end of the building down towards the river. I heard a shot, then Mr. Jackson Bush shoved aside a rifle that was levelled at Bond.

The same party came back, with an addition, with Colonel Young with them, to where Mr. Stearns and myself were still standing. Stearns was pointed out as an abolitionist, and Colonel Young took him up in his arms and asked them if they intended to injure such a little man as that, as he weighed but 125 pounds, balancing him in his arms at the same time. After some preliminaries, Colonel Young took Mr. Stearns away, off the ground. They then came back to me, headed by George Thornton, of Independence, who pointed me out as an abolitionist. He said he knew it by my discussion with him the night before in the streets, against their coming here to take away our political privileges, &c. I asked him if my time had come now, as they had driven off Mr. Bond and Mr. Stearns. His lips began to tremble, and he asked if I had intended to insult him by what I had said the evening before. I said he knew I did not by the way we discussed the subject. He then turned round and said, "if you will say you did not intend to insult me by what you said, that is sufficient." He then requested the men to leave me and walked off himself. I did not get an opportunity to vote until in the afternoon, towards night, when I voted.

By Mr. Woodson:

This Jackson Bush lived in the Territory at that time, about three miles from this place, and was a farmer. He came from Missouri into the Territory, and formerly from Kentucky. He is living here now. William Lykins I have spoken of is the son of Dr. Lykins, of Kansas City, Missouri.

LAWRENCE, K. T., May 3, 1856.

JOHN DOY.

To Mr. King:

A. B. WADE called and sworn.

I went into the Territory and made my claim on the 5th of June, 1854, and settled in the town of Lawrence. I was a candidate for the legislature on the 30th of March, 1855, and was elected. There were a great many emigrants came into the district from the time of taking the census up to the election, and greater in the month of March than at any time before, and as many as at any time since.

I did not canvass that district much, and there was very little can