lives and property of every peace-loving and law-abiding citizen, with all the power I possess. I will punish every law-breaker, whatever may be his position or pretensions. I will not for a moment tolerate any questioning of my authority. All who are in favor of restoring peace to this distracted territory can range themselves under my banner; all others I will treat as bandits and robbers, and as such extirpate them at the point of the bayonet. Don't talk to me about slavery or freedomfree-state men or pro-slavery men-until we have restored the benign influences of peace to the country; until we have punished the murderer, and driven out the bandit and rabble, and returned the industrious citizens to their homes and claims. Do not, I pray you, attempt to embarrass me with your political disputations. You shall all, without distinction of party, be alike protected. This is no time to talk about party, when men, women and children are hourly being murdered at their own firesides, or whilst sleeping in their beds, or are being driven by merciless bands of marauders from their homes without money, food, or clothing. In God's name rise for a moment above party, and contemplate yourselves as men and patriots. I am your friend-your fellow-citizen-moved by no other impulse than the welfare of the inhabitants of this territory, and the protection of their honor, their lives and property. When peace is fairly restored and secured, I will see that every man of you is protected in his political rights.” He was listened to with profound attention, and most enthusiastically cheered at the close of his remarks, when resolutions were passed approving his course, and promising a hearty support to his administration. On the same day he returned to Lecompton. So frequent became the marshal's applications for troops, and the governor never receiving any official report of the result of his requisitions, he at length addressed Mr. Donalson as follows: "Sir: You have at sundry times made application to me for requisitions upon Col. Cook, for men to assist you in the execution of warrants upon persons charged with offences against the peace of this territory, viz: "On the 17th inst., for two hundred dragoons to serve a writ one Col. Whipple and others; upon THE MARSHAL'S REQUISITIONS. 185 "On the same day, for five dragoons to arrest certain parties not named in your application; "On the 20th inst., for ten dragoons to execute a warrant upon Thomas Kemp and others; "On the 22d, for six dragoons to aid in securing sundry persons charged upon the complaint of James B. Lofton; and "On the 23d, for ten dragoons to arrest Col. Whipple and many others. "As I have received no official information respecting the result of the above named requisitions, you will oblige me by reporting at once, in writing, whether they were complied with, and if so, whether the objects for which they were made have been accomplished, and all other information relative to the subject that you have the means to communicate. Yours, &c., "JNO. W. GEARY, "Governor of Kansas Territory." The marshal replied at considerable length, but as the following contains the entire substance of his communication, it is all that need be cited : "The objects for which the requisitions were made have been partially accomplished. On the requisition for two hundred dragoons, on the 17th instant, a large number implicated in the warrant have not yet been arrested, on account of the difficulty in finding their whereabouts. That for the five on the same day proved abortive. That of the 20th instant, for ten dragoons, was accomplished, or nearly so. That of the 22d, for six dragoons, succeeded in arresting two of the offenders, one more of whom has since been arrested, and one still cannot be found. No resistance has been made to the execution of any of these writs; nor is it probable that any will be made when the marshal is accompanied by a military posse." The next day after writing the report from which the foregoing is extracted, the marshal asked for a posse to execute some half dozen or more warrants, to which the governor replied as follows: "I. B. DONALSON, ESQ., "Executive Department, K. T., Lecompton, Sept. 27, 1856. 66 U. S. Marshal for the Territory of Kansas. "Sir: I have just received your requisition for a posse of twenty U. S. dragoons, to aid you in the execution of certain warrants in the neighborhood of Tecumseh and Topeka. In reply, I have to say that there are now one hundred and fifty U. S. mounted troops in the vicinity referred to, and my advices are that peace and quiet reign there; and I believe you will have no difficulty in the discharge of your duty. "I must therefore decline acceding to your request until I am clearly satisfied that you cannot execute your warrants by virtue of the civil authority already vested in you. "I am very averse to the employment of the military to execute civil process, and will only do so in cases of imperative necessity. 'Very truly, your obed't servt., 66 "JNO. W. GEARY, "Governor of Kansas Territory." This put an end to a practice that had become truly disgusting to all peaceful citizens. Deputy marshals who in some instances had rendered themselves obnoxious by their habits of partisan oppression, were, at the head of United States troops, constantly scouring the country, entering freestate towns, and under the shadow of authority and the cover of protection from the soldiers, committing offences against decency and the quiet of the community more reprehensible than those even alleged against the parties of whom, in many instances, they were in search; and they were becoming almost as great a terror to unoffending people as the hordes of banditti which had previously infested the highways. The refusal of the governor, therefore, to continue to furnish the means for these officials to pursue such practices was followed with the most beneficial results. The free-state people were no longer harassed with processes issued simply for their annoyance, and were enabled to pursue their lawful avocations with confidence and in peace; and the order and quiet which previous bold and decisive measures had effected were thus in a great measure preserved. Lieutenant Lewis Merrill, who on one occasion had been detailed with a company of dragoons to accompany a deputy marshal on one of these expeditions to execute writs, in concluding a lengthy report of the service, remarks: "Not the slightest evidence was shown any where that there would have been any resistance to the civil officer under any circumstances; and I think that if he had been an efficient, energetic man, who had not by his former conduct made himself obnoxious to these people, the arrests would have been made of all the warrants called for, and without any show of resistance FREE-STATE IMMIGRANTS. 187 CHAPTER XXIX. Arrival of free-state immigrants, and their treatment and discharge. DURING the last week of September information was received at the executive office from various sources supposed to be reliable, that Colonel Lane, with a force of at least a thousand men, and several pieces of artillery, was about to invade the territory with hostile intentions, by way of Nebraska; and hence a detachment of United States troops, accompanied by Deputy Marshal Preston, was sent to watch and guard the northern frontier, with orders to arrest any illegally armed body that might be found within the limits of Kansas. The troops had scarcely reached their destination when Captain James Redpath entered the territory with one hundred and thirty men, who were armed, equipped, and organized, as was supposed, in violation of the governor's proclamation. They were consequently arrested and escorted to the vicinity of Lecompton, when the governor, in an interview with Redpath, being assured that the prisoners were a company of peaceable immigrants, they were at once permitted to go their way with out further molestation. Immediately after this, reports, apparently well authenticated, reached both Governor Geary and General Smith that Redpath's party was but an advance guard of the forces of Lane, who had contracted with the ferry-men at Nebraska City for the transit of about seven hundred men, all well armed, and having three pieces of cannon; and Colonels Cook and Johnson were forthwith dispatched, with three hundred dragoons, to intercept their passage through the territory. On the 1st of October a deputation consisting of Major Morrow, Col. Winchel, Wm. Hutchinson, and Col. J. Jenkins, called upon the governor, stating that they had been sent by General Pomeroy and Colonels Eldridge and Perry, who were escorting three hundred emigrants into the territory by way of Nebraska; that they did not come for warlike purposes nor as disturbers of the public peace, but as bona fide settlers, with agricultural implements, and some guns to protect themselves and shoot game; but that in the present disturbed state of affairs they did not wish to enter the territory under any circumstances of suspicion without first notifying the governor. Upon being asked if the party in question were in anywise connected with Lane's so-called "army of the north," a decided negative reply was given. The governor then informed his visitors that he was determined that no armed bodies of men with cannon and munitions of war, and with hostile attitude, should enter the territory to the terror of peaceful citizens; that there was no further occasion for such demonstrations, and they would not be permitted. On the other hand, he added, he would welcome with his whole heart all immigrants who should come for peaceful and lawful purposes; that to all such the highways should not only be opened, but he would furnish them a safe escort and guarantee them his protection. He then gave the deputation letter directing all military commanders to give to Colonel Eldridge's party a safe escort should they be, as represented, a party of immigrants coming into the territory to prosecute peaceful and lawful occupations. On the 12th of the same month Deputy Marshal Preston reached Lecompton, bearing the following dispatch from Col. Cook: "Head Quarters, Camp near Nebraska River, Sir: Col. Preston, Deputy Marshal, has arrested, with my assistance, and disarmed, a large body of professed immigrants, being entirely provided with arms and munitions of war; amongst which two officer's and sixty-one privates' sabres, and many boxes of new saddles. Agreeably to your requisition of September 26, I send an escort to conduct them, men, arms, and munitions of war, to appear before you at the capital. Col. Preston will give you the details. I have the honor to be, with high respect, your obed't servant, "P. ST. GEORGE COOK, "Lieut. Col. 2d Dragoons, Comm'g in the Field." The reports of Colonels Preston, Cooke, Major Sibley, and others, in respect to the arrest of this party, are too lengthy, and at this date, of too little importance, to copy. The substance of them, however, is given in the following extracts of a letter from Governor Geary to Secretary Marcy, under date of October 15th. He says: "Col. Wm. S. Preston, a Deputy U. S. Marshal, who had accompanied Col. P. St. G. Cook and his command to the northern frontier to look after a large party of professed immigrants, who were reported to be about invading the territory |