SHAWNEE  COUNTY.
 

535
 

cursing Mr. Burgess, tbe Pree-state Jud^e. Persons were sent at different times, bythe
crowd outside, into tlie, room where tlie ]udges were, with tin eaten ing messages, especially
against Mr. Bur^es^i, and at last ten minutes were given tliein to organize in. or leave. As
the tune passed, persons outside would call out the minutes left, wito tlireals against Bur¬
gess if be did not agree to organize. At the end of that time, tne ju Iges nut being able to
orgduize, left the room, and the crowd proceeded to elect new judges and carry on the
election.

The Free-state men generally left the ground without voting; slating that there was uo
use In their voting there. The polls were so crowded during tbe first part of the day that
the citizens could not get up to tne window to vole. Thrc.its were made against the Free-
state meu. Jn theafternoou the Rev. M.T. trllpatrick was attacked and driven olf by the
mob. A m'ui, by soin,* called " Texas," made a speecb to the crowd, urging tbem to vote,
and to remain oh the ground until the polls were closed, for fear the "' Abolitionists " would
come there in the afternoon aud overpower them.and tli us they would lose all their trouble.
For making an affidavit In a protest agaiust this election, setting forth tbe facts. Mr. Bur¬
gess was indicted by the grand jury for perjury which indictment was pending at the
timeof the investigation, nfteen months after, Mr. Burgess never haviug beeu informed
who his accuser was, or what was the testimony against him.

A large majority, four to one, of the actual settlers of that District were Free-state men,
and tnere cannot be the least doubt that If none but the actual settlers of the District had
votedatthatelectlon. the Free-state candidates would have been elected. The numberof
legal voters ill the District according to the census returns was 101. The total numberof
votes cast was 372. of which number only thirty-two were ou the census returns.

Iri his testimony Postmaster Vaughan gave the names of seventy-five resi¬
dents of the district which appeared on the poll list, and Mr. Burgess the names
of sixty-nine who did not vote at the first election held March 30. L. B. Stateler,
oneof the Pro-slavery judges of election, deposed as follows : "' 1st—A consulta¬
tion held by the three Judges in reference lo the form of oath, two proposing to
lake the Organic Act as their guide, the other (Burgess) determining to take the
form prescribed by the governor.

2nd.—Two 'udges wished to have clerks, the other (Burgess) refused to
have any, whereupon Mr. Watts resigned. The other two not agreeing as to
the manner of conducting the election, I proposed to Burgess that we all mutual¬
ly consent to resign, to which he (Burgess) consented, and it was proclaimed from
the window to the assembled voters without, whereupon they proceeded accord-
ding tothe governor's instructions in an Orderly manner to elect other judges to
fill the vacancies, and proceeded to business. The Pro-slavery voters were
generally present and voted. The Free-soilers did not generallyattend, though
not preveAted from either attending or voting, as those who were present did
vote.

There was some excitement existing, at the lime, in the Territory, which
was attributed by all sober reflecting men, to the Emigrant Aid Society's move¬
ments, in bringing into the territory a great number of men, at the time of the
election in March, most of whom were men without families, many of whom re¬
turned soon after the election was past to their former homes. At our fall elec¬
lion for delegates to Congress, the first lime, I was appointed by the Governor
a; one of the judges ; and a more quiet election I never witnessed ; all parties
came together as neighbors, and voted and went their way ; and so I think it
would have remained but for the foreign interference referred lo above."

The second election, for a delegate to Congress, was held October i, 1855.
Tecumseh polled fifty-two votes, and Precinct, No. no, twenty-three votes for
J. W. Whitfield, there being no Free-state candidates in the field.

On August 14 and 15, 1855, the firslFree-state Convention in the Territory
was held at Lawrence. F. W. Giles and C. K. Holliday, of Topeka, being mem¬
bers of the Committee on Resolutions from the Third District. On the 25th,
members of the party, from this distriel, met at Topeka to select delegates to
the Big Springs Convention, fixed to be held September 5. Resolutions were
passed favoring a free State, a free qonstitution, a free press, freedom of thought,
of speech and of action; unequivocally endorsing Governor Reeder's course and
his character; appointing A. M. Jordan, of Tecumseh ; W. Y. Roberts, of Big
Springs ; and A. G. Adams and James Cowles, of Topeka, as delegates to repre¬
sent the district in the Big Springs Convention—Substitutes, J. Tyler and Wm.
Jordrn, of Tecumseh, W. R. Frost, of Big Springs, and F. W. Giles, of Topeka;
and finally organizing the parly of the Third District, with W. Y. Roberts, C.
K. Holliday, C. W. iVIoffatt, Hiram H. Wentworth, and James Gilpatrick, as
Executive Committee. In pursuance with the action of the Delegate Conven¬
tion, held at Topeka, September 19, two delegates for each legislative repre¬
sentative were elected on October 9, Ihey to form the Constitutional Con¬
vention. C. K. Holliday and W. Y. Roberts were the delegates from this
district; Mr. Hollidav receiving 194 and Mr. Roberts 184 votes.

Tlie sessions of the Topeka Constitutional Convention were held in Con¬
stitution Hall, on Kansas avenue, the building being plastered by the Town
Association for the occasion. The convention was called to order Tuesday
morning. October 23, but only twenty-one members, less than a quorum, being
present, it adjourned to Wednesday, 9 o'clock A. M. On Wednesday morning,
after prayer by Rev. Mr. Burgess, of Topeka, James II. Lane was elected presi¬
dent; Samuel C.Smith, secretary; and Rev. H. B Burgess, chaplain; Mr.Timothy
Mclntire, of Topeka, was chosen door keeper, and Mr. Loring Farnsworth,
sergeant at arms; E. C. K. Garvey was reporter for the Topeka paper (Kansas
/^/•«/«a«), wliich was issued every evening. The sessions continued sixteen
days, and was an event of special local as well as general interesttoTopeka, as
the attention of the people was directed towards the town at this time, as the
possible, if not probable, site of the future Capital of the State of Kansas. It
was now made temoorary Capital; the permanent location of the seat of Govern¬
ment to be fixed at the first General Assembly.

In case the constitution should be ratified by the people at the election on
the 15th of December following, an eleclion for State officers and members of
the Generul Assembly was to be held January 15, 1856. At the eleclion, 011 the
Topeka Constitution, the vote of Shawnee County was 236 for, none against.
The precincts were Topeka, Brownsville, Tecumseh and Washington. The fol¬
lowing gentlemen were elected January 15, 1856, as members from the Third
District to the first Topeka Legislature: T. G. Thornton, Senator; MiltonC.
Dickey, W. R. Frost and William Simerwell, Representatives.

On the 6th of June, 1857, Governor Walker, in a speech al Topeka, said :
" In October next, not under the act of the late Territorial Legislature, but
under the laws of Congress, you. the people of Kansas, have a rieht to elect 1
delegate to Congress, and lo elect a Territorial Legislature." Believiiig in the
honesty of this  authoritative statement, the Free-state citizens of Shawnee
 

County, in common with others throughout the State, in convention at Grass¬
hopper Falls, resolved to contest the general election on the 5lh of the follow¬
ing October. A meeting, endorsing the action of the convention, was beld at
Union Hall, Topeka, August 31, resolutions commendatory of its proceedings
being offered and adopted.

The last election under the Territorial Government was held November 6,
i860, William E! Bowker and John P. Greer being elected Representatives.

The first election under the State Government was held November 5, 1861,
and for further particulars in regard to general political matters, the reader is
referred to succeeding pages.

LEGISLATORS.

During the Territorial existence of Kansas, Shawnee County had in the
Territorial Council, Hiram J. Strickler, of Tecumseh, Cyrus K, Holliday and
Chester Thomas, of Topeka. In the Territorial House of Representatives the
county was represented by D. L.Croysdale, of Tecumseh, and M.W. McGee, of
"no" (now in Osage Couniy) in 1855; in 1858 by James A. Delong, of
Auburn ; in 1859 by George B. Holmes,of "Topeka ; in i860 by William H.Filz¬
patrick, of Topeka, and S. R. Caniff, of Burlingame; in 1861 by William E.
Bowker and John P. Greer, of Topeka.

The Territorial Legislature of 1861 was in session at Lawrence when Kan¬
sas was admitted as the thirty-fourth sovereign State of the American Union, Jan¬
uary 29, i86l. and the body adjourned February 2, 1861. Governor Robinson
was sworn into office February 9, 1861, and he issued a proclamation convening
the first State Legislature at "Topeka, March 26, i86i,and where, the State capi¬
tal having been locaied by a vote of the people November si 1861, annual ses¬
sions ofthe Legislature were held thereafter, until January, 1877, the biennial
system began.

By the apportionment under the State Constitution the sixth election dis¬
trict comprised the counties of Shawnee, Jackson and Jefferson, having two
senators and eight representatives. The first members of ihe Slate Senate from
this district were Hiram W. Farnsworth, of Topeka, and Edward Lynde, of
Grasshopper (now Valley) Falls. The Representatives were Henry Buckmaster
and Jerome Kunkel, of Jefferson Couniy, A. Ray,of Jackson County, and Wil¬
liam E. Bowker, Hiram W. Curtis, John E. Moore, S. R. Caniff and H, Heber-
ling, of Shawnee County ; the two last named representing territory that is now
in Osage County.

Legislature of 1862.—In the Senate, Cyrus K. Holliday served the unex¬
pired term of Senaior Farnsworth, who accepted the position of Kaw Indian
Agent in i86i. The Representatives elected in November, 1861, were Paul E.
Havens and Azel Spaulding.of Jefferson County, Martin Anderson and Golden
Silvers, of Jackson County, and J M. Huber, H. W. Martin, Jeremiah Sabin
and C. H. Welch, from the counties of Shawnee and Osage, then all Shawnee.

1863.—The Legislature of 1S62 having made a new apportionment, Shaw
nee County became Senatorial District No. 8, Representative Districts Nos.
41 and 42. District No. 41 embraced the townships of Topeka and Soldier, Dis¬
trict No. 42 those of Tecumseh, Monmouth, Williamsport and Auburn.

1867.—By the new apportionment made by the Legislature of 1866, the
numbers of the representative districts and their respective territory remained
unchanged.

1872.—The apportionment of 1871 made Shawnee County Senatorial Dis¬
trict No. 20, and Representative Districts Nos. 56, 57 and 58. No. 56 em¬
braced all the territory lying north of the Kansas River, No. 57 the Second,
Third and Fourth wards of the city of Topeka, and No. 58 the residue of the
county.

1877.—The apportionment made by the Legislature of 1876 continued
Shawnee County as Senatorial District No. 20, its Representative Distrisls Nos.
62 63 and 64 ; their territory unchanged. State senators elected in 1876 were
for a term of four years, representatives for a term of two years, being a period
just double that ofthe previous terms of State legislators.

1882.—The act of 1881 to apportion the Statt for senators and representa-
sives constitutes Shawnee County Senatorial District No. 16, and designates the
Representative districts as Nos. 46, 47 and 48, the territory in each remaining
the same as in the former districts, 62, 63 and 64.

Biennial sessions have been held from 1877, representatives chosen in 1880,
heing as follows:

Senate—D. C. Metsker, Topeka ; House—John H. Foucht, North Topeka;
Thomas J   Anderson, Topeka ; John B. Johnson, Topeka.

Mr. Johnson was elected the Speaker of the House of Representatives; the
first honor ofthe kind that has come to a res'dent of Shawnee County.

The Representatives chosen in 1882 were: Thomas M. Jones, North To¬
peka; George W Veale, Topeka; J. B. McAfee, Tcpeka.

THE   DISTRICT   COURT.

During the organic existence of Shawnee County, it has had its Probate
Court, its County Commissioners' Court, its Court made up of Chairmen of its
Board of Township Supervisors, its Territorial District and its State District
Court, and sessions of the United States District and Circuit Courts are also
held in this cily.

Attention is now called to the District Court in the Territorial periods,
which was presided over by Hon. Rush Elmore, a resident of Tecumseh Town¬
ship, one of the three Territorial Judges, who held his first term of court No¬
vember 8, 1853. with Erastus B. Smith, Deputy District Clerk; Loami Mc.^r-
Ihur, Clerk; and Thomas W Maires, Sherilf; the last term having been held
in November, i860.

Jacob Safford, elected Judge of the Third Judicial District at the election
held under the Wyandotte Constitution, December, 1859. opened court in cham¬
bers, April 25, 1S61 ; Dr. James Fletcher was Clerk of the Hi trict Court, and
he appointed Hiram Mc.\rthur as Deputy, May 13. 1S61. The first term of
court commenced October 7, 1861, Aloiiio H.Hale being Shcriflf, and Justus
Broekway, Prosecuting .-^ttoraey.