Word was carried to him and he hurried to the Senate. When Trumbull closed and the usual motion to adjourn was made, he protested against it and denounced the discourtesy of discussing the report during his absence. He was vexed especially by his colleague's exasperating statement that was a "life-long Democrat and was representing the Democracy of Illinois in the Senate." He assured them that Trumbull was without party standing in that state, and proposed that they sign a joint resignation, thus submitting their quarrel to the people. But there was a deeper wound than this which still rankled, and he turned from his colleague to pour out his wrath on Sumner for the publication of the "Appeal of the Independent Democrats," and the old quarrel between them was rehearsed anew with increasing bitterness on both sides.
On the 20th he spoke for two hours and a half in defense of his report. Charges of fraud, violence or illegal voting, he said, were made in but seven of the eighteen election districts into which Kansas was divided, although ample provisions had been made for the presentation of protests to the Governor. A large majority of both branches of the legislature were elected by these eleven districts where no complaints were made. At least a quorum must have been legally elected. The minority report charged that on the day of the territorial election, "large bodies of armed men from the State of Missouri appeared at the polls in most of the districts, and by most violent and tumultuous carriage and demeanor, over-awed the defenseless inhabitants and by their own votes, elected a large majority of the members of both houses of said Assembly."But the report contained not a word about the eleven uncontested districts affected by this invasion. In the eleven uncontested districts the judges made their returns in due form and, no protests nor charges of fraud or illegal voting being presented, the Governor granted certificates of election as a matter of course.
The minority stated that in many districts protest had not been made because the inhabitants, discouraged and intimidated by the Missouri invaders, had let the matter pass. Yet at Lawrence and Leavenworth, the chief centers of the alleged Missouri violence the people were not intimidated from contesting the election, what reason was there to suppose that elsewhere, remote from the scene of trouble, they were so completely conquered that they dared not protest against their wrongs and petition for redress of their grievances?
The thirty-three judges appointed by the Government to conduct the election in the eleven districts, all swore that the returns contained a true statement of the votes polled by the lawful voters.
The Governor, two weeks after giving certificates of election, issued his proclamation commanding the members to assemble on the 2d of July. He recognized the legitimacy of the legislature in his message, invoking the Divine blessing on it and recommending the passage of important laws. But he afterward quarreled with the legislature. He then sought to repudiate it and impeach its validity by charging that it had been elected by Missouri invaders.
The only evidence before the Committee tending to show irregularities in the election was the hearsay statement of the Governor, which flatly contradicted his solemn official declarations. The legislature itself had investigated the elections of all members against whom contests were filed and its legitimacy was finally and conclusively established. The malcontents having failed to capture the legislature, encouraged by Governor Reeder (who had meanwhile been relieved from office), instituted their rebellious Topeka movement and, in defiance of the law, attempted to organize a State.
The movement was revolutionary and intended to subvert the existing Government. Only two laws enacted by the territorial legislature were complained of as unjust,--that relating to elections and that relating to slaves. The social, domestic and pecuniary relations of the people had adjusted themselves to this body of laws which Congress was asked to annul; and these friends of the negro who had organized a rebellious State government in his behalf, had adopted a Constitution which forever excluded him from the State. The entire trouble in Kansas, he continued, rose not from any vice inherent in the law, but from abuses of the rights given by it to the people. The law simply permitted them to form their domestic institutions in their own way. If that great principle had been permitted free operation, there would have been no violence or trouble in Kansas. The good order reigning in Nebraska, where the law was fairly tried, was sufficient proof of its wisdom.
