Phillips, Conway and Redpath still protested against it.Gov.Robinson, however, gave his voice in favor of voting.
An election had already been-held June 15th to elect delegates to the Lecompton Constitutional Convention, at which the Free State men had taken no part.

Fifteen Free State counties had in this election been disfranchished, no election having been ordered in them.
At the election of Territorial officers, held October 6, 1857, both parties turned out The Free State men cast 7,887 votes for the Territorial Legislature.

The Lecompton party was reported to have cast 6,466 votes.

But though the Free State men had a numerical majority of votes, yet the districts had been so arranged that the above returns gave a majority in the Legislature to the Lecompton party.

Johnson county, bordering on Missouri, had been united in one district with Douglas county, in which Lawrence is situated, and this district had been given eight members.