Under the circumstances he could not hesitate in his duty.

By proclamation he convened the new Legislature in extra session.
The members respected the private pledge they had given him to engage in no general legislation; but provided by law for an investigation of the Oxford and McGee frauds, and for an election to be held on January 4, 1858 (the day fixed by the Lecompton Constitution for the election of State officers and a State legislature), at which the people might vote for the Lecompton Constitution or against it.

Thus in the course of events two separate votes were taken on this notorious document.
The first, provided for in the instrument itself, took place on the 21st of December, 1857.

Detachments of troops were stationed at several points; the free-State men abstained from voting; the election was peaceable; and in due time Calhoun proclaimed that 6143 ballots had been cast "for the constitution with slavery," and 589 "for the constitution with no slavery." But the subsequent legislative investigation disclosed a gross repetition of the Oxford fraud, and proved the actual majority, in a onesided vote, to have been only 3423.

The second election occurred on January 4, 1858, under authority of the legislative act.