Page:The History of Slavery and the Slave Trade.djvu/731

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REPORT OF INVESTIGATING COMMITTEE.
701

ciary in the territory, not only assisted at a public and bitterly partisan meeting, whose direct tendency was to produce violence and disorder, bat before any law is passed in the territory, he prejudges the character of domestic institutions, which the people of the territory were, by their organic law, "left perfectly free to form and regulate in their own way."

On this committee were several of those who held certificates of election as members of the legislature; some of the others were then and still are residents of Missouri; and many of the committee have since been appointed to the leading offices in the territory, one of which is the sheriffalty of the county. Their first act was that of mobbing Phillips.

Subsequently, on the 25th of May, A. D. 1855, a public meeting was held, at which R. R. Rees, a member elect of the council, presided. The following resolutions, offered by Judge Payne, a member elect of the house, were unanimously adopted:

"Resolved, That we heartily indorse the action of the committee of citizens that shaved, tarred and feathered, rode on a rail, and had sold by a negro, Wm. Phillips, the moral perjurer.

"Resolved, That we return our thanks to the committee for faithfully performing the trust enjoined upon them by the pro-slavery party.

"Resolved, That the committee be now discharged.

"Resolved, That we severely condemn those pro-slavery men who, from mercenary motives, are calling upon the pro-slavery party to submit without further action.

"Resolved, That in order to secure peace and harmony to the community, we now solemnly declare that the pro-slavery party will stand firmly by and carry out the resolutions reported by the committee appointed for that purpose on the memorable 30th."

The act of moral perjury here referred to, is the swearing by Phillips to a truthful protest in regard to the election of March 30, in the XVIth district.

The members receiving their certificates of the governor as members of the general assembly of the territory, met at Pawnee, the place appointed by the governor, on the 2d of July, A. D. 1855. Their proceedings are stated in three printed books, herewith submitted, entitled respectively, "The Statutes of the Territory of Kansas;" "The Journal of the Council of the Territory of Kansas;" and "The Journal of the House of Representatives of the Territory of Kansas."

Your committee do not regard their enactments as valid laws. A legislature thus imposed upon a people, cannot affect their political rights. Such an attempt to do so, if successful, is virtually an overthrow of the organic law, and reduces the people of the territory to the condition of vassals to a neighboring state. The great body of the general laws are exact transcripts from the Missouri code. To make them in some cases conform to the organic act, separate acts were passed, defining the meaning of words. Thus the word "state" is to be understood as meaning "territory;" the word "county court" shall be considered to mean the board of commissioners transacting county business, or the probate court, according to the intent thereof. The words "circuit court" to mean "district court."