elect were to assemble at Lecompton on the first Monday of September. This act was also vetoed by Governor Geary, but was passed over his head. Another act provided for the election of a new Territorial Legislature in October, the apportionment to be made on the same basis with that for the Convention, and only those borne on the census lists of voters to be allowed to vote. With great difficulty an act was also passed, by influence, it was supposed, brought to bear from Washington, dispensing with the test oaths hitherto imposed on voters. 19 Territorial Legislature was very imperThe census of voters ordered by the fectly taken. Some counties were omitof the Free-State men were overlooked. ted altogether, and in others a large part A very large immigration was now pouring into Kansas, but of course none who arrived after the 1st of April were enrolled on the list of voters. Governor Robinson and others were finally The indictments for treason against disposed of on the 11th of May, the prosecuting officer entering a nolle prosequi. Meanwhile, the House of Representa- acted as Governor for some weeks, by his Stanton, who preceded Walker and tives at Washington had passed a bill, 98 speeches in the Territory, and Governor to 79, declaring void all the enactments Walker, in his speeches on his way of the Territorial Legislature, on the thither, labored to secure the confidence ground set forth in the preamble, that of the Free-State men, and strongly urged they were "cruel and oppressive," and them to take a part in the approaching that "the said Legislature was not elected by the legal voters of Kansas, but was forced upon them by non-residents, in violation of the organic act of the Territory.' But not only did this bill fail in the Senate; the partisans of Lecompte were strong enough in that body to prevent the confirmation of the Chief-Justice nominated by President Pierce to succeed him; so that Lecompte, who had never been actually dismissed, still held on to his office. In this state of affairs, Geary, finding himself abandoned at Washington and without power in the Territory, and his very life in danger, and anticipating no support from the new Administration, resigned his office and left the Territory. election for members of a Constitutional Convention. The Free-State men were willing to have done so if they could have had any guaranties for a fair election, but these the new officials were unable to give. The reply was: "We have no power to interfere. You must obey the Territorial laws, and vote as they direct." jections on the part of the Free-State men These obwere further met by reiterated assurances that the people of Kansas should have an opportunity for a full and solemn expressíon of their will upon any Constitution that might be framed by the Convention. In most of the counties south of the Kansas river, and which were inhabited almost entirely by Free-State men, there State Convention of the Free-State tempt had been made to take the census. were no Territorial officers, and no atmen of Kansas held at Topeka on the 11th The act provided not only for a census of March, resolved not to take any part and registry of voters, but for a census of in the Constitutional election ordered by the entire population; but in half of those the bogus Legislature. The ground of counties in which the registry of voters this decision was twofold: first, a disincli- was made out, the census of inhabitants nation to recognize the bogus Legislature had been omitted. The entire returns, as in any way; and secondly, the probabi- stated in Acting-Governor Stanton's prolity that the Free-State men would be clamation apportioning the delegates, cheated and overborne by invaders if they were as follows: attempted to vote, the whole machinery of the election being in the hands of their opponents. This Convention voted an address to the people of the United States, setting forth the wrongs to which they had been and still were subjected. As successor to Geary, President Buchanan appointed Robert J. Walker, of Mississippi, giving him as Secretary F. P. Stanton, of Tennessee. To most of the offices of profit in the Territory Mr. Buchanan appointed persons who had been very conspicuous for acts of violence perpetrated during the civil war on FreeState men. Counties. 1. Doniphan, 2. Brown,.. 3. Nemaha, 4. Atchison,. Legal Voters. Inhabitants. .1,086........4,120 .No return. 612 205. 140.. 804.. .2,807 5. Jefferson,.. 555. No return. 6. Leavenworth,. 1,837. ..5,529 7. Calhoun, 291. 885 206.. 415 353.... .No return. 205.. .No return. 469.. 840 ,318..... .3,727 283. .No return. 413. .1,352 413.. ..1,821 ...2,622 8 Marshall, 12. Douglas, ........ 15. Lynn,.................................. In the apportionment based upon this census, four or five counties from which there were no returns, were classed with other counties, and so included; but no less than fifteen counties, with near half the population of the Territory, were left out altogether. It was even stated that in six of the counties included in the returns no census had actually been taken, Ever since his arrival, Governor Walker the names and numbers being really copied had continued very urgent with the Freefrom the old poll books of the last election, State men to come forward and take at which no Free-State men had voted. a share in the October Territorial election. Shortly after the publication of this A decided inclination in favor of that apportionment, about the end of May, course was at the same time exhibited by Governor Walker arrived in the Territory. many of the friends of Kansas out of the The Topeka Legislature reassembled on Territory. Walker alleged that in consethe 9th of June, and this time they were quence of the alterations of the law at the allowed to go on without interruption. last session of the Territorial Legislature, At a Free-State Convention held at the the payment of the bogus tax, hitherto same time, a resolution was adopted dis- insisted upon as a qualification for voting, owning the Territorial Government, and would no longer be required. Judge declaring the admission of the Territory Cato, however, gave a written opinion into the Union under the Topeka Consti- the other way. Nor was the apportution to be the only method of adjusting tionment of the members such as to ing existing difficulties. The Convention inspire any great confidence of fair urged the completion of the State organi- play. Sixteen strongly Free-State counzation. The Legislature passed an act ties, containing near one-half the entire for an election in August, when the term population of the Territory, were not of the present State officers would expire; allowed a single representative in either but they declined to take any steps for branch of the Legislature. Ten out of the the organization of cities and counties, thirteen members of the Council and lest it might bring them into conflict with twenty-nine out of the thirty-nine reprethe Territorial authorities. Provision, sentatives were to be chosen in districts, however, was made for taking a State some part of which touched on the Missouri border-an arrangement apparently made with a particular view to the convenience of intrusive voters from Missouri. On the 15th of July, a new Convention of the Free-State men met at Topeka. The returns of the State census, though imperfect, showed a population of near 70,000. Nominations were made for the State election which was held on the 3d of August, without any of the interruption which had been threatened. census. In spite of all the efforts of Governor Walker, the Free-State men adhered to their resolution of taking no part in the bogus Constitutional election, which came off on the 15th of June, and at which only about two thousand votes were thrown. At the municipal election at Leavenworth, which occurred a few days later-the old officers chosen by violence the preceding autumn having resigned-the Free-State voters rallied in force and elected their entire ticket by a decided majority. Under the act appointing the election, the Governor was to make the apportionment on the basis of the census of voters, and if he omitted to do it within a certain period, the duty was to devolve on the presiding officers of the two branches of the preceding Territorial Legislature. The time limited expired before Walker's arrival in the Territory, The people of Lawrence about the same and as he alleged before he knew of the time carried out a project they had enter- existence of the act. The imperfect centained for some time previous of setting sus of voters, in which most of the strong up a municipal government of their own. Free-State counties on the south side of On the 13th of July they held a city elec- the Kansas river had been totally omitted, tion under a charter which had been furnished some color for leaving those agreed upon at a public meeting. This counties out of the apportionment; but proceeding, however, was taken in high of the singular arrangement of the disdudgeon by Governor Walker. He ful-tricts to favor the convenience of voters minated a proclamation against the peo- from Missouri no explanation was given. ple of Lawrence as having committed or Governor Walker freely admitted the being about to commit an act of rebellion, unfairness of this apportionment, but he and immediately detached a body of still strongly urged the Free-State men to troops to encamp near by to hold the vote, assuring them of his intention to rebellious citizens in awe, and to prevent protect the polls against any intrusion them from acting in a municipal capacity. (from Missouri or elsewhere. Thus pressed by the Governor and by their friends outside the Territory, the Free-State men, or a part of them, were inclined to try the experiment; and at a Convention held at Grasshopper Falls on the 27th of August, it was resolved so to do. show cause why a writ of mandamus should not issue to him to give a certificate of election to the bogus candidates. Walker replied to this document by denying the jurisdiction of Cato, claiming an appeal from his decision if in favor of that jurisdiction, and declining beforehand, even though he should be imprisoned for contempt, to obey any order which the Judge might issue. About the same time, Governor Robinson, though discharged from the treason indictment, was brought to trial on another indictment for usurping the office of Governor. He was tried before Judge Cato, who charged strongly against him, but the jury brought in a verdict of ac-Constitution. Into the body of the Conquittal. The Constitutional Convention met at Lecompton at the beginning of September, but, after organizing and appointing a few committees, adjourned over till after the Territorial election. The Lecompton Convention having reassembled, proceeded to complete their stitution a provision on the subject of slavery was inserted as follows: SLAVERY. SEC. 1. The right of property is before and higher than any constitutional sanction, and and its increase is the same, and is inviolable, the right of the owner of a slave to such slave as the right of the owner of any property whatever. Both parties now devoted their energies to that election, which, notwithstanding the unfairness of the apportionment and the restriction of the right of voting to SEC. 2. The Legislature shall have no power those registered, resulted in a decided to pass laws for the emancipation of slaves triumph of the Free-State men. They without the consent of their owners, or without threw about 7,600 votes to about 3,700 paying their owners, previous to emancipation, thrown by the other party, electing Par- a full equivalent in money for the slaves so rott, their candidate for Territorial dele- emancipated. They shall have no power to prevent emigrants to the State from bringing gate, nine out of the thirteen councilmen, with them such persons as are deemed slaves by and twenty-seven out of the thirty-nine the laws of any one of the United States or Terrepresentatives. An attempt was indeed ritories so long as any persons of the same age made to alter the complexion of the Legis- or description shall be continued slaves by the lature by means of a false return sent in laws of this State; provided, that such person from the Oxford precinct, in Johnson or slave be the bona fide property of such emicounty. This return was a manuscript passed to prohibit the introduction of slaves and provided, also, that laws may be grant; roll fifty feet long, containing the names into this State who have committed high crimes of sixteen hundred and twenty-four per- in other States or Territories. They shall have sons as having voted at the Oxford pre-power to pass laws to permit the owners of cinct-a place containing eleven houses. slaves to emancipate them, saving the rights If admitted, by transferring from the of creditors, and preventing them from becomFree-State to the Pro-Slavery side three ing a public charge. They shall have power councilmen and eight representatives for to oblige the owners of slaves to treat them the district of which this precinct formed a part, it would have changed the party character of the Legislature, though still leaving the Free-State men the delegate in Congress and a decided majority of the popular vote. But the fabricated character of this pretended return was too manifest. The names of the three judges were all in the same handwriting, SEC. 4. Any person who shall dismember or and the names of pretended voters borne deprive a slave of life shall suffer such punishon it, were, as it afterward appeared, ment as would be inflicted in case the like copied in alphabetical order from a Cin-offence had been committed on a free white cinnati directory. There were also serious person, and on the like proof, except in case defects of form, and this return was re- of insurrection of such slave. jected by the Governor, as also another This provision, and this provision alone, of a similar character from McGee county. It was finally determined by a close vote The refusal of Walker to become a to submit to the registered electors. For party to this fraud, was by no means this purpose, by the terms of a schedule satisfactory to the parties who would annexed to the Constitution, an election have been elected by it. They procured was to be held on the 21st of December. from Judge Cato an order to Walker to The ballots cast were to be indorsed food and clothing-to abstain from all injuries with humanity-to provide for their necessary to them, extending to life or limb-and, in case of neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or owners. SEC. 8. In the prosecution of slaves for crimes of higher grade than petit larceny, the Legislature shall have no power to deprive them of an impartial trial by a petit jury. either "Constitution with Slavery," or "Constitution with no Slavery." Thus to have the privilege of voting no slavery, it was still made necessary to vote for the Constitution, besides which, all persons offering to vote must, if challenged, "take an oath to support the Constitution if adopted." sions of the Constitution; and that all officers, civil or military, under the authority of the Territory of Kansas, shall continue to hold and exercise their respective offices until superseded by the authority of the State, the first meeting of the State Legislature to take place upon the issue of a proclamation by the President of the Convention, upon the receipt of official information that Congress has admitted Kansas into the Union. A provision is also inserted intended to prevent any amendment previous to the year 1864, and then only upon the concurrence of two-thirds of the members of both houses, and "a majority of all the citizens of the State." This schedule, as if with a direct view of superseding the Territorial Legislature and Congressional delegate elect, further provided that the Constitution shall be in force "after its ratification by the people" (without waiting for the approval of Congress) a State election to be held on the first Monday in January, 1858, for the choice of a Governor, LieutenantGovernor, Secretary of State, Auditor, This proceeding, as might have been State Treasurer, and members of the expected, produced the greatest exciteLegislature, and also a member of Con- ment in Kansas. Governor Walker, himgress. It also provided (as if to deprive self, condemned it in the most decided the Territorial Legislature of all power of terms. He hastened at once to Washingacting) that all laws in force not repug-ton, but before his arrival there, the nant to the Constitution shall continue Lecompton scheme had already received until altered, amended or repealed by a the approval of the President and his Legislature assembled under the provi- Cabinet. NICARAGUA. OUR sketch of Walker's filibustering and here, towards the end of the year, operations contained in the Almanac for Walker established his head-quarters. He last year left that enterprise in no very and as the recruiting business, both on was still in command of the Transit route, promising position. Unable to retain the Atlantic and Pacific side had been Granada, Walker in a fit of spite and fury very brisk, the arrival of new recruits had ordered its destruction. But before had been sufficient to make up, at least this was entirely accomplished, the allied suffered. in part, the severe losses he had recently army had made its appearance, had occu- But he was now about to experience a pied the shore of the lake, and had cut off fresh blow, which, by cutting off his comthe retreat of General Henningsen, to only a question of time. This was the munications on the east, left his expulsion whom the destruction of Granada had seizure of the Transit steamers and of the been committed. We left him besieged posts on the Transit route, an enterprise in a stone church about four hundred planned in Costa Rica and carried out with great adroitness and success. yards from the shore of the lake, which force of some three hundred Costa Ricans Walker still commanded by his possession under the nautical command of one Spenof the Transit steamers. After Henning-cer, who had been in the employ of the sen had been besieged for twenty days, old Transit Company, and who was still and when he was reduced almost to ex-acting in their interest as against Walker, tremity, his relief was accomplished by embarked on rafts on the upper part of means of a party landed by Walker from the San Carlos river within the inhabited the steamer Virgin. Some difficulties and districts of Costa Rica. They descended disagreements among the commanders of this river to its junction with the San the besieging army favored his escape, Juan, down which they continued to float which was accomplished during the night to the mouth of the Sarapiqui, where was of the 20th of December. The steamer a military post of forty-one_filibusters conveyed Henningsen's rescued troops, a commanded by a Captain Thompson. hundred or so in number, to San Jorge, This post was attacked by surprise and on the lake shore, not far from Rivas; the whole force killed or taken. The vio A tors then proceeded down the river to the now the only remaining one in Walker's harbor of San Juan, where they seized possession, left Virgin Bay with the pasfour river steamers belonging to the sengers who had arrived the day before Transit route, and then lying off Punta at San Juan del Sur in the Sierra Nevada Arenas. There being at the time no from San Francisco. As soon as she had American ship of war at San Juan, the passed from the lake into the river, which agents of Morgan & Co., to whom Walker she did on the 3d, she too was seized by had transferred the Transit route and all the Costa Ricans, who had thus possessed the property appertaining to it, applied themselves of all the Transit steamers, for protection to Captain Erskine, in both lake and river, except the one which command of a British squadron which they had left at Punta Arenas as unfit for had been for some time lying there. In service. The California passengers on this application the ground was taken board the captured steamer, together that these steamers were private pro- with the prisoners taken at San Carlos, perty. But Captain Erskine declined to were sent down to Punta Arenas, which a interfere, both because there was a dis- day or two after was occupied by two pute as to the ownership of the boats-hundred recruits for Walker, who had Spencer, the agent of one of the claim- arrived in the Texas from New Orleans. ants, authorizing the seizure-and also They were joined soon after by additional because these steamers had been em- recruits both from New York, and from ployed in carrying men and munitions of Texas, and New Orleans, among whom war to the parties with whom the Costa was Colonel Titus with his company of Ricans were carrying on hostilities. He Kansas Border Ruffians. The command did, however, offer personal protection to of this force, now increased to five or six Captain Scott, the agent of the Morgans, hundred men, with seven pieces of artiland to the other Americans at Punta lery, was assumed by Colonel Lockridge. Arenas, and he refused to allow the Costa The old steamer left behind at Punta Rican troops to land either there or at Arenas by the Costa Ricans was repaired, Greytown. and the filibusters moved up the river The captured steamers were carried off with intent to force the passage and join up the river to Castillo Rapids, where a Walker. They succeeded in getting pos fifth boat was seized. It so happened session of the post at the mouth of the that the lake steamer Virgin, of which Sarapiqui, which was abandoned by the Walker had made so much use in his late Costa Ricans; but an attack on Castillo military movements, had been sent from Rapids failed, through the cowardice of Virgin Bay into the San Juan river for Titus, who had the command of it. In wood; and at this very time she lay in returning down the river the filibusters company with another smaller steamer, suffered a severe disaster by the explosion the Ogden, about nine miles above Cas- of the boilers of their steamer, which was tillo. A message was sent that Captain crowded with men, and by which fifty Scott, the agent, was at Castillo Rapids, were killed and half as many more woundand needed the Ogden there. She came ed. On arriving at Punta Arenas the down accordingly without suspicion, and was at once seized by the Costa Ricans, and a force embarked in her by which the Virgin was also surprised and captured. She had served Walker not only for transport but as a floating arsenal, and on her were found four hundred and eighty Minnié rifles, six thousand cartridges, two howitzers, and two mortars, with powder, The discontinuance of the Morgan line shell, and shot. Some intercepted letters of steamers, which had hitherto run on published by the Costa Ricans would both sides in connection with the Transit seem to imply that these stores, or some route, put a stop to the arrival of any furothers of a similar character, had been ther recruits and supplies, and rendered sent to General Henningsen by George Walker's position hopeless. He continued, however, to hold out at Rivas, Law. whole expedition was abandoned. The filibusters were conveyed in a British ship of war to Aspinwall, whence the greater part returned to the United States. On the 12th of April Colonel Cauty, in the Costa Rican service, took possession of Punta Arenas and the remaining stores and munitions of the filibusters. On the 30th of December a Costa Rican watched and occasionally attacked by a force made its appearance before Fort Costa Rican force, till the end of April. San Carlos, situate at the point where the Having lost many men in battle and by river San Juan flows out of the lake, and sickness, and still more by desertion, his that fort with its garrison of twenty-four whole force was reduced to three hundred men surrendered without resistance. On effective men, including forty natives. the 2d of January, the steamer San Carlos, Of sick and disabled there were near two |