“Two to five years in the penitentiary” The Committee on Territories Weights In, Part Five

Galusha Grow

Galusha Grow

Parts 1, 2, 3, 4; Report with the Kansas petition here.

The Committee on the Territories, chaired by Galusha Grow, reported to the House that the Congress had caused all Kansas woes by opening the territory to slavery. Now the Kansans had gone to work to fix that, establishing a free state government in defiance of the proslavery territorial regime, and petition for admission under a free state constitution. However irregular, their situation had precedent in the cases of Arkansas and Michigan. Congress had the sovereign power to admit states whenever, however it liked. The expediency and morality of admitting a free Kansas mattered, not the details. Would the Congress do Kansas a favor to make it a state?

Grow’s committee thought it would, as Kansans had suffered the domination of their polls by violent Missourian invaders. He had this information not from abolitionist newspapers or antislavery rumor mills, but straight from no less a solid proslavery man than Franklin Pierce. The report cited minutes of the Kansas governor’s office, as forwarded to the House by the president. They had highlights:

In the third representative district, two of the judges of election

were driven from the room by a company of armed men from the State of Missouri, who threatened their lives, and commenced to destroy the house and beat in the door

In the tenth representative district, Missourians

surrounded the window and obstructed the citizens of the Territory from depositing their votes

In the first election district, “Six or seven hundred armed men” camped by the polls and obstructed them most of the day. Petitioners told Andrew Reeder that someone set up a polling place at an unauthorized location and “non-residents surrounded the polls with firearms and voted indiscriminately.”

All of this in a territory where the local inhabitants, bona fide settlers, had promised to them the right to decide for or against slavery for themselves? The census of February, 1855, counted 2,905 legal voters. Not quite a month after, 6,351 men voted in the legislative elections, 5,664 for the proslavery ticket. New territories could grow fast, but you’d have to grease up all Missouri, fold it into a funnel, and pour it on Kansas to pile on so much growth so fast. As a result, only one free-state man won election. The petitions he got inspired Andrew Reeder to set aside a few more elections and hold mostly clean ones, but the legislature expelled those men and seated the originals. Then it enacted a stringent set of laws effectively outlawing antislavery activity.

As a remedy for these evils and a redress of such wrongs, it is proposed by their apologizes to authorize the people, at some future time, to form another constitution, to be again submitted to Congress, with a new application for admission as a State.

Why should their present application be rejected, and they be forced to pass through the mockery of another election, under the authority of this Territorial legislature and subject to another invasion of non-residents? Immediate action is necessary in order to put an end to the strife in the Territory, which, the President informs us, threatens the peace not only of Kansas, but of the Union.

Why indeed? No reasonable person could deny that giving Kansas a do-over would invite Missourian filibusters to have another go. And they had a government supported by a majority of Kansans, constitution in hand, right there. What could one expect? Either the Missourians would have their way again and it would solve nothing, or James Lane would go home and come back with a similar petition in a year.

In that year, more militants would surely come to Kansas. Delay would only give more chance for armed clashes and let tension boil higher. Only settling the slavery question, Grow’s report affirmed, would give Kansas any peace. Admission at once would do the job. Forcing Kansas to endure “two to five years in the penitentiary” would only punish them. They had suffered enough.

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