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99. Walker's Appointment.-James Buchanan became President of the United States, March 4, 1857.

Shortly after the departure of Governor Geary, Robert J. Walker was appointed Governor of Kansas, March 26, 1857. He was preceded in the Territory by Frederick P. Stanton, Secretary of the Territory, who became Acting Governor. Governor Walker arrived in May. He commenced his labors to induce the entire mass of voters to participate in the election for delegates to the Lecompton Constitutional Convention, for which the late Legislature had provided. The Free State voters generally declined the invitation, and at the election in June, 1857, but 2,071 votes were cast for delegates.

SUMMARY.

1. Free State prisoners liberated.

2. John W. Geary appointed Governor.

3. Governor Geary disbands militia, and orders armed men to leave the Territory.

4. Treason prisoners released.

5. Immigration made free.

6. Governor Geary leaves the Territory.

7. Walker appointed Governor.

8. Governor Walker urges citizens to vote for delegates to the Lecompton Constitutional Convention, but the Free State people decline to do so.

CHAPTER X.

THE LECOMPTON AND LEAVENWORTH CONSTITUTIONAL

CONVENTIONS.

100. The Lecompton Convention.-The Lecompton Constitutional Convention met and framed the second Constitution of Kansas between the 11th of September and the 3d of November, 1857. It was provided that the vote should be taken on the "Constitution without slavery," or the "Constitution with slavery," no vote being allowed against the Constitution. The vote, taken on the 21st of December, according to John Calhoun, President of the Lecompton Constitutional Convention, stood, "for the Constitution with slavery," 6,226; "for the Constitution without slavery," 569. At this election the Free State party did not vote, and an enormous fraudulent vote was cast.

101. Territorial Election. In October, while the Lecompton Convention was in session, the regular election for members of the Territorial Legislature, and a delegate in Congress had taken place, and resulted in the election of a majority of Free State members of both branches of the Legislature, and of Marcus J. Parrott, Free State, as delegate. Oxford precinct, near the Missouri line, a precinct containing eleven houses, cast 1,628 Pro-slavery votes. Governor Walker and Secretary Stanton issued a proclamation rejecting the whole return from Oxford precinct. This settled the Free State character of the lawful returns.

102. Special Session of the Legislature.-On the 7th of December, the Legislature was called together in special session at Lecompton. A message was received from Secretary Stanton, Governor Walker having left the Territory, in which he urged the submission of the whole Constitution. But the chance of the Lecompton Constitution had passed away.

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Governor Frederick P. Stanton.

103. Second Submission.Under an act of the special session, a vote was ordered, for or against the Constitution, on the 4th of January, the same day set for the election of State officers under the Lecompton Constitution. A portion of the Free State party supported a State ticket. The vote on the Constitution as declared by Secretary and Acting Governor Denver, who had succeeded Mr. Stanton, was 10,288 against the Constitution to 138 for it. Marcus J. Parrott was elected Member of Congress, and, in spite of frauds, the Free State ticket received a small majority. The ticket was as follows: Governor, George W. Smith; Lieutenant-Governor, W. Y. Roberts; Secretary of State, P. C. Schuyler; Auditor, Joel K. Goodin; Treasurer, A. J. Mead.

104. Third Territorial Legislature.-The Free State officers chosen, immediately prepared a memorial to Congress, disavowing all intention to serve under the Lecompton Constitution, and urging that body not to admit Kansas into the Union under it. The third Territorial (and first

Free State) Legislature, met in regular session at Lecompton the 4th of January. 1858 organized, and on the 6th adjourned to Lawrence.

The Territorial Legislature remained in session at Lawrence for forty days. It passed bills to repeal the slave code, and to abolish slavery in the Territory, over the veto of Governor Denver, and an act to remove the Capital of the Territory to Minneola, Franklin county. It also provided for the election of delegates to meet in a Constitutional Convention.

105. The Leavenworth Constitution.-The Convention assembled at Minneola on March 23d, and adjourned to Leavenworth, re-assembling on the 25th. The Leavenworth Constitutional Convention adopted a Constitution which did not contain the word "white." The following ticket was nominated for State officers under the Leavenworth Constitution: Governor, Henry J. Adams; LieutenantGovernor, Cyrus K. Holliday; Secretary of State, E. P. Bancroft; Treasurer, J. B. Wheeler; Auditor, George S. Hillyer; Attorney-General, Charles A. Foster; Superintendent of Public Instruction, J. M. Walden; Commissioner of School Lands, J. W. Robinson; Representative in Congress, M. F. Conway; Supreme Judges, William A. Phillips, Lorenzo Dow, and William McKay; Reporter of Supreme Court, Albert D. Richardson; Clerk of Supreme Court, W. F. M. Arny. At the election of May 18th, the Leavenworth Constitution

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Governor James W. Denver.

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and the officers nominated received an aggregate of 3,000 votes. It was presented, but never voted on by either House of Congress.

Minneola, at which the Convention first assembled, did not remain the capital of Kansas Territory. The bill removing the capital thither was declared illegal by Jeremiah S. Black, Attorney-General of the United States.

106. Failure of Lecompton Constitution. It was evident by the beginning of 1858, that slavery could never be established in Kansas with the consent of the people, yet, nevertheless, President Buchanan urged upon Congress the acceptance of the Lecompton Constitution, declaring that Kansas was "already a slave State, as much as Georgia or South Carolina." In this policy he was vigorously opposed by Senator Douglas. After much discussion the Lecompton Constitution was sent back to the Kansas people. The vote was taken August 2, 1858, under the propositions of the "English bill," and again the Constitution was repudiated by 11,812 to 1,926 votes.

SUMMARY.

1. Free State party refused to vote for delegates to the Lecompton Constitutional Convention.

2. Members of Territorial Legislature and delegate to Congress elected by Free State party.

3. After special session of the Legislature, the Lecompton Constitution was again submitted, and again defeated.

4. The Third Territorial Legislature prepared a memorial to Congress, and passed bills to abolish slavery.

5. The Leavenworth Constitution adopted, and State officers

nominated.

6. The Lecompton Constitution submitted again in 1858, and for the last time defeated.

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