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Ordered that said petitions, letters and memorial be referred to the Committee on the Judiciary."
     I think it quite probable that among these "said petitions, letter, and memorial" were the original evidences of my election presented by M^r Phelps on the 17th December, 1852. They were, however, referred to the wrong committee. I was told when I started home that they would, if opportunity offered, be reported back to the House and be referred to the Committee of Elections. This was probably never done, and yet they are not on file with the papers of the Judiciary Committee.
     There was evidently culpable neglect in some quarter, but I do not know who was to blame. But I do not think it reasonable or right that I should lose my claim from this cause. The records of the House present facts enough, I think, to justify the hope that you will grant the relief I ask.
     My credentials consisted of one of the poll-books and tally-list from each precinct, or certified copies thereof; I am not certain now which. These, under the circumstances, were thought to be the best evidences of election that I could present. They, and my memorial accompanying them, were, I believe, all the papers submitted to the House on the occasion of my, asking a seat as a delegate from Nebraska.

I am, sir, very respectfully, yours,          
ABELARD GUTHRIE.

Hon ISRAEL WASHBURN,
          Chairman Committee of Elections.

     P. S. - Enclosed herewith is an affidavit setting forth the facts of my election.

WASHINGTON CITY, D. C., June 26,1856.

     SIR: I desire to say a few words explanatory of the circumstances connected with my application for mileage and per diem as delegate to Congress from Nebraska Territory, showing the necessity of sending a delegate to Congress at the time I was elected, in doing which I will quote from a speech delivered in the House of Representatives on the 16th May, 1854, (see Appendix to Congressional Globe, p. 715,) by the Hon. S. Mayall, of Maine. M^r Mayall says:

     "In accordance with the recommendations of the Secretary of War, M^r Douglas, of the House Committee on Territories, gave notice on the 11th December, 1844, of a bill, and the 17th of the same month introduced the same, (H. R. 444,) to establish the Territory of Nebraska, and it was referred to the Committee on Territories. M^r Aaron V. Brown, on the 7th of January, 1845, reported back an amendatory bill, and it was referred to the Committee of the Whole on the state of the Union, and no further action was had thereon.
     "The next movement in favor of Nebraska was made by M^r Douglas, in the Senate, by the introduction of a bill, (No. 170,) which, on the 20th April, 1848, was made the order of the day for Monday, the 24th of the same month, but no further action was had thereon.
     "In the Senate, December 4, 1848, M^r Douglas gave notice of another Nebraska bill, and also a bill for Minnesota and New Mexico; and on the 20th of the same month the Minnesota and Nebraska bills were referred to the Committee on Territories of that body, when another opiate was administered to Nebraska. Four years of dead silence on the part of Congress in relation to Nebraska now ensued. .     .     .     .     .     .     .     .

     "In October, 1852, the people of Nebraska elected a delegate, (M^r Guthrie,) who came to this capital, and, as all know who were members of the last Congress, urged with great zeal the organization of a government for that Territory. A bill was reported, and on the 18th of February, 1853, it passed the House of Representatives, by a vote of 98 to 43. It went to the Senate, received the sanction of the Committee on Territories, but was never brought to vote, but on the morning of the 4th of March was consigned to its grave."
     Thus it will be seen that four years had elapsed since the last abortive attempt to organize a government for Nebraska, and the people of that Territory had but little reason to believe their interests would be attended to until they sent a delegate to urge them upon the consideration of Congress. They had observed that this course had been pursued by the people of Oregon, of Utah, of New Mexico, and of Minnesota, with success.
     Under these circumstances, and with these examples before them., the people of Nebraska held an election, and I was chosen delegate. At Fort Leavenworth, however, (where the largest body of citizens resided,) the officer in command of the post forbade an election. Sub-

sequently however, certain persons proposed holding another election, to overturn the first. This election was held at Fort Leavenworth, (the commanding officer having abandoned his opposition,) and resulted in a large majority for me - I think 54 to 16.
     This second election I gave no attention to, knowing that it was contrary, to all law and usage regulating popular elections; but my friends at the fort, (not soldiers,) having been prevented from voting at the first election, determined to remove all shadow of a right of my opponent to contest my claim to a seat in Congress, by giving me a very decided majority at this election also. But the judges never sent me the returns; nor would I have presented them had they done so, for the reason already given. I was now universally admitted to be the rightfully elected delegate, and met with no further opposition.
     The number of votes given at my election was not large, for the reason I have already stated. Besides, the citizen population of the Territory was very small, and could not increase under the restrictions of the law of 1834, "regulating trade and intercourse among the Indians," which, you will remember, formed the ground of opposition to the passage of the Nebraska bill, on the 18th of February, 1853, but which was satisfactorily answered by the friends of the bill on that occasion.
     In addition to what I stated in my memorial, I will add, that, anxious to get my mileage and per diem, I went to Judge Douglas on the last night of the session, when the "civil and diplomatic bill" was before that body, and asked him if the appropriation could not be put on the bill. To which he replied, that if the House Territorial committee would recommend it, he would try to get it on, adding some reasons why it should come from the House. I immediately went to the chairman of that committee, Colonel Richardson, and stated the facts to him, and he and all the other members of the committee then in the House, (a majority of the whole,) signed the recommendation, and I took it to Judge Douglas, who showed it to the members of the Senate committee; but some of these objecting, on the ground that the appropriation should be made in the House, the judge thought it better to let it drop for the present; and nothing more was said about it.
     I have spent much money in obtaining a government for Nebraska, and that, too, from the best motives, and though evil has grown out of it, both for myself and the country, it was not my desire it should

be so; and I think I am entitled to the same remuneration that other informal delegates received, and I ask nothing more, but would respectfully urge that, should your committee favor my application, the most speedy course will be pursued to enable me to get the money.

I am, Sir, with great respect, yours,          
ABELARD GUTHRIE.

Hon. ISRAEL WASHBURN,
          Chairman Committee of Elections.

WASHINGTON CITY, D. C., July 20, 1861.

     Mr. CHAIRMAN: Understanding your committee have doubts of the propriety and necessity of a government for Nebraska, (now Kansas,) at the time I came here as its delegate, I desire to say a few words on the subject. I need not remind you that this Territory lies immediately west and south of the State of Missouri, but it may be well to call your attention to the fact that the vast emigration to California, Oregon, Utah, and New Mexico had to pass through its whole length. At that time the usual landing for emigrants starting from the states by water was at Kansas City, about one mile from the northeast corner of Nebraska, (Kansas,) and, although many went across the States by land, they all directed their course to this point or neighborhood. Here the overland journey commenced, and the sudden change from the comforts of civilized life to the exposures of such a journey produced much sickness which, from the fatigues of travel and the want of care, generally ended in death, for the country was uninhabited, except very sparsely, by Indians, and the journey of more than two thousand miles, to be performed by ox teams before the fall of the early mountain snows, admonished the emigrants of the dangers of delays, even to nurse their sick. This great thoroughfare was strewn with their graves. Only those familiar with the hardships and dangers of such a journey can form a just conception of the embarrassments and fatal consequences of this condition of things. By the organization of this Territory it was opened to settlement, and soon the hospitable door of the pioneer was opened along the route for a distance of two hundred miles, where the invalid could enter and be cared for. Had the Territory been organized several years earlier, as

it should have been, I think I may safely say thousands of human lives would have been saved and a vast amount of human suffering prevented. For you will remember that during the years 1849 and 1850 more than one hundred thousand emigrants crossed this Territory on their way to California, Utah, Oregon, and New Mexico, and yet not one word was said in Congress about establishing, a government for it or even opening it to settlement. Was not this silence significant? Under such circumstances, is it reasonable to urge that it was not time to move in this matter? Has there, in the history of this country, been a more urgent case of the kind? Congress was evidently impressed with its importance; for in the House the bill for the organization, after a violent but brief struggle, passed by a vote of nearly two to one, and even in the Senate there was an ascertained majority in its favor. It may not be improper here to state, that of the southern members who voted for the measure, I think less than half a dozen were returned to Congress.
     Allow me also, if you please, to submit the following propositions:
     If your committee have any sufficient evidence, or can obtain any, that it was the intention of the party then in power, or any other party, to organize this Territory within any reasonable or definite period, I will abandon my claim.
     If the committee have any sufficient evidence, or can procure any, that there was any other course as likely to succeed in securing an organization as that of sending to Congress a man acquainted with the condition, wants, soil, climate, and resources of the Territory, I will give up my claim.
     If the committee have any sufficient evidence, or can get any, that it was not the design of the slave power to secure this Territory, by quiet and stealthy legislation and colonization, for the benefit of its favorite institution, I will abandon my claim. But here I wish you to examine the law of 30th June, 1834, annexing this Territory to the State of Missouri for judicial purposes; and the law of 1836, annexing to the same State forever and for all purposes the very large and fertile portion of this Territory lying between the Iowa State line and the Missouri river, cutting us off entirely from contiguous free Territory, the effects of which were disastrously felt during our civil troubles, and to the present day; and also to the several abortive attempts of the late M^r Douglas to organize this Territory.

     If the committee have any sufficient evidence, or can obtain any, that this Territory would not eventually have been received into the Union as a slave State under the skillful management and well matured plans of southern statesmen and their northern friends, I will abandon my claim.
     If the committee have any evidence, or can get any, that my movement for a government for Nebraska did not frustrate this design, I will abandon my claim.
     If your committee have any sufficient evidence, or can obtain any, that the republican party would have been in existence but for this very act of mine in forcing upon the consideration of Congress the policy of erecting a territorial government over this magnificent region, (which the slave power had already practically grasped, and was guarding with jealous care,) I will abandon all claim to per diem and mileage.
     In this connection it is proper I should state that I am not a candidate for any office whatever, as my senators and representatives will bear me witness. But when I get the money I ask at your hands, and to which I think myself justly, though not legally, entitled, I will return to the cultivation of my grapes and gooseberries.
     I will only add that I am fully aware of the apparent extravagance of the pretensions I have here put forth, but I am also fully pursuaded of their entire justice, and that the humbleness of the instrument employed is the weightiest objection that can be urged against them.

ABELARD GUTHRIE.

Hon. HENRY L. DAWES,
          Chairman Committee of Elections, U. S. House of Representatives.

CINCINNATI, OHIO, December 1st 1852.

William Walker, Esq.
     DEAR SIR,
          Having a little leisure I drop you a line to tell you how I am getting along. Thus far I have traveled faster than I expected and if I had felt well enough I could have taken the cars this morning and have arrived in Washington City tomorrow night - such are the wonderful facilities for travelling from this point eastward. From St. Louis I travelled in company with Senators Geyer and Atchison of

Mo. and Representatives Richardson and Bissil of Ills. I am sorry to say our Missouri Senators are by no means favorable to our Territorial projects. The slavery question is the cause of this opposition. I regret that it should interfere-it ought not. Mr. Atchison thinks the slaves in Nebraska¹ are already free by the operation of the Missouri Compromise Act, and asks a repeal of that act before any thing shall be done for Nebraska; this would put us back till doomsday for no Congress as our Government now stands will ever repeal that act.² But for myself I do not consider it binding upon the people in moulding their State institutions. However since the South take a different view of it we must fight it out. I foresee the struggle will be a fierce one but it will be short and therefore not dangerous. I did not expect to accomplish this object without trouble; and I feel prepared for it. One incentive to determined perseverance is the fact that I beat Banow at his own election, so Mr. Atchison informs me. I shall certainly endeavor to merit the good opinion my friends have formed of me. I am full of hope and confidence as I have been from the start. I called to see Col. Benton but he had gone to Washington, this is fortunate for he is our friend and can do us great service. The measure will succeed! short as the time is, and with an opposition where we ought to have support. I think you, Garret, Matthew and Isaiah Walker should locate your sections very soon,³ for after the Territorial organization I apprehend they will not be recognized there will be no land set apart for Indian purposes as now. I will tell you in confidence that no treaty with the Wyandots can be confirmed until the Territory be organized. You need not tell this to any one because the folks in that country are so jealous of me that they would attribute the declaration to unfriendly feeling when God knows that I have been but too warmly their friend and still am. I want you to write to me soon and often. I shall be in Washington about Sunday. My respects to Mrs. Walker.

Very respectfully                 
Your Obedient Servant.     
ABELARD GUTHRIE

LETTER FROM ABELARD GUTHRIE TO GOVERNOR
WALKER.

WASHINGTON CITY 9th Dec. 1852. Wm. Walker, Esq.

Wm. Walker, Esq.
     MY DEAR SIR, Although I have but little to communicate I feel very much like trying to say something if only to drive away the blues. There is no business that tries a man's patience and good nature so much as trying to do business with men who feel that their self interests are not intimately connected with your projects. I have ascertained almost to a certainty that I shall not get my seat. But that is a small matter. I never expected it and am not disappointed, but my faith is still strong that much will be effected. M^r Hall has proposed a Bill organizing one¹ Territory, he has given it the name of Platte which I don't like but don't care much about the name though I shall try to have the old name retained. His bill has not yet been introduced but it is already and I think will be presented next week; if not another will be introduced by the Committee on Territories. The Chairman of that Committee has given me assurances to that effect. M^r Hall's bill says nothing about slavery but leaves untouched the Missouri Compromise. The Territory it is pretty confidently believed will be free. Another measure highly beneficial to our interests will be the appropriation of one hundred thousand dollars to enable the President to negotiate with the different tribes for their surplus lands and other purposes. You will therefore have Commissioners authorized to treat early in the spring. This is important and you may regard it as a "fixed fact." I forgot to state to you the boundaries prescribed for our Territory by M^r Hall's bill; they are these: On the South thirty sixth degree and thirty minutes on the north the forty third degree on the west by the summit of the rocky mountains east by Missouri these are ample boundaries and just what we want.
     I have paid so little attention to politics since I came here that I am entirely in the dark about the distribution of offices after the fourth of March and indeed it is [a] thing I care d---d little about. Nebraska and its interests are the all absorbing topics with me. I am already housed. I wish you would write to me very soon and I

would be glad if you would take a little pains to let [me] hear how my family are and how they are getting along.¹
     I shall write to you presently again and may then try to entertain you with a little gossip.
     My best respects to M^rs Walker

Believe me                     
I am truly your friend        
ABELARD GUTHRIE.

     I arrived here the day before the opening of the session being eleven days after leaving home.² The weather is mild as June. How is it in Wyandot?

A. G.

     The following is an extract from an Address to the voters of the Congressional District. He was at that time an Independent candidate for Congress. The whole address is printed in the Gazette; the following is the only portion of it which has any reference to historical matters:

     "Eighteen years ago I became a resident of what is now the State of Kansas. Ten years ago 'solitary and alone' I proposed to the people of the then Territory to make an effort to secure a Territorial Government.³ This was the first act in that great national drama in which the whole American people are now actors, and the whole civilized world intensely interested spectators.
     "The Republican party owes its existence to this movement. My proposition met with much opposition from Government officials and others. One of them, Col. Fauntleroy,⁴ commanding officer at Fort Leavenworth (and now I believe of the rebel army) threatened to arrest me if I should attempt to hold the election. However an elec-

tion for Delegate to represent the Territory in Congress was held on the 2nd Tuesday of October, 1852, and I was chosen Delegate. We christened our new Territory "Nebraska," for as yet it had no legal name.¹ I proceeded to Washington and had my petition and evidence of the election presented to Congress, and virtually succeeded in my mission by getting a bill for organization passed by the House of Representatives, and a favorable report from the Committee on Territories of the Senate.² But the opposition to the measure had been very violent and obstinate throughout, and the organization was not perfected until the next session of Congress.
     "The South had already taken possession of this territory, had planted its favorite institution within it, and believed itself secure in its stolen acquisition. Kansas (then Nebraska) was the arbiter of the destinies of the Republic. This was well understood by the South. Hence the desperate struggle so familiar to us all to secure it. Had she succeeded, the slave power would have been omnipotent, for the Pacific States were already strongly imbued with the Southern sentiment, and Kansas was the only link needed to perfect the chain which would unite those regions to a common destiny. I am assuming nothing more than the facts will warrant, when I say that my agency in calling public attention to this Territory, and impressing the claims upon the consideration of Congress, defeated the crafty and ambitious designs of the slave power, and opened this beautiful and fertile country to free men and free labor.³ Kansas owes her civil existence to my efforts in her behalf. I have never before appealed to her people for any acknowledgment of the services I have rendered. But the present seems a fitting opportunity to do so. . . .

"ABELARD GUTHRIE.

     "Quindaro, Kansas 8th Sept. 1862."

To the editor of the New York Tribune.

     SIR: In your remarks on the vote on Governor Reeder's claims to a seat in the House of Representatives as delegate from Kansas, you