river, and we had nothing but fresh beef to subsist upon for some time. I found the trail of the Indians on the 24th of July, and on the 29th came upon them, as already reported; which report narrates the battle, the destruction of the town, and the pursuit through to the Arkansas. On arriving there, I found the agent for the Cheyennes had taken to Bent's Fort the annual presents for that tribe, including arms and ammunition. I knew the government could never intend to send an expedition against a tribe of Indians, and at the same time give them arms and ammunition. I therefore determined to proceed at once to Bent's Fort to prevent the Indians from getting this property, especially as they had threatened that it should not be taken out of the country. I had also a hope of finding the Indians collected again in that vicinity. I trust my reports in relation to this matter were satisfactory to the commanding general, and that he endorsed them to that effect, for without his approval the measures that I felt bound to take may involve me in difficulty with the Department of the Interior. On my arrival at Walnut creek, I received the order to break up the expedition, and to detach four companies of cavalry and three of infantry for the expedition to Utah. I immediately put the detachment in as good order as possible, by stripping the two companies which were to return to this post, and directed Major Sedgwick to proceed across the country to Fort Kearney, on his route to Utah. We had then marched sixteen hundred miles, and, although this order was entirely unexpected, and the men and horses were much worn down, not a man deserted, when they could easily have made their escape by taking the best of the horses. The conduct of my command throughout the summer has been all I could wish; the officers and men have not only shown bravery in action, but they have shown the higher quality of a manly and cheerful endurance of privations. Six days after I detached Major Sedgwick, as I was returning to this post with the two remaining companies, I was very happy to receive the countermand of the order for Utah. I arrived at this post on the 16th instant, after marching over eighteen hundred and fifty miles. I am, sir, very respectfully, your obedient servant, Colonel 1st Cavalry, Commanding Cheyenne Expedition. ASSISTANT ADJUTANT GENERAL, Headquarters of the Army, New York City. ADJUTANT GENERAL'S OFFICE, GENERAL: In transmitting to you "special order" No. 62, of this date, assigning you to duty according to your brevet rank, and to the command of the troops designated for service in the Territory of Kansas, I am directed by the Secretary of War to say that you will be strictly governed by the instructions of the department, as conveyed in the letters addressed from this office April 1 and April 28, 1857, to the commanding general of the department of the west and the commanding officer at Fort Leavenworth, copies of which are herewith enclosed. The Secretary especially orders that no portion of the force subject to your authority be used for the removal of intruders from the Indian lands in Kansas, under the instructions of October 6, 1855, and January 30, 1856, copies of which are also enclosed, except after advisement with the governor of the Territory, nor in any way which may conflict with the requisitions that the governor may make upon you. I am, sir, very respectfully, your obedient servant, Brevet Brigadier General W. S. HARNEY, S. COOPER, Commanding, &c., &c., Fort Leavenworth, K. T. ADJUTANT GENERAL'S OFFICE, GENERAL: I am directed by the Secretary of War to convey to you the following instructions for the guidance of the officers of the army serving in the Territory of Kansas: "If the governor of the Territory, finding the ordinary course of judicial proceedings, and the power vested in the United States marshals and other proper officers, inadequate for the preservation of the public peace and the due execution of the laws, should make requisition upon you to furnish a military force to aid him, as a posse comitatus, in the performance of that official duty, you are hereby directed to employ for that purpose the whole or such part of your command as he may require. "In executing this delicate function of the military power of the United States, the responsibility will be upon the governor of the Territory, and you will implicitly obey his orders. These instructions are given in the hope that the governor will not find it necessary to resort to the military power, and in entire confidence that if so deplorable a necessity should occur, he will discontinue the use of your forces at the earliest practicable moment.' I have the honor to be, sir, very respectfully, your obedient servant, Brevet Major General P. F. SMITH, U. S. Army, ADJUTANT GENERAL'S OFFICE, Washington, April 28, 1857. SIR: I am instructed by the Secretary of War to say that the instructions conveyed in the letter addressed from this office to the com manding general of the department of the west, April 1, 1857, placing. the troops serving in Kansas at the disposal of the governor of that Territory in certain specified contingences, and with a copy of which you have been furnished, supersede any instructions of a prior date from the President or Secretary of War with which they may in any degree conflict. I am, sir, very respectfully, your obedient servant, Adjutant General. The COMMANDING OFFICER, Fort Leavenworth, K. T. ADJUTANT GENERAL'S OFFICE, SIR The President of the United States directs that, on proper application therefor, you aid in the removal of intruders from the country in the vicinity of Fort Leavenworth set apart for Indian occupation, according to the terms of the act of 1834, commonly called the Indian intercourse act, a copy of which is herewith transmitted. I am, sir, very respectfully, your obedient servant, COMMANDING OFFICER, S. COOPER, Fort Leavenworth, K. T ADJUTANT GENERAL'S OFFICE, SIR Referring to the letter addressed to you from this office under date of October 6, 1855, in relation to the removal of intruders from the country in the vicinity of Fort Leavenworth set apart for Indian occupation, I have the honor to state that the direction of the President as therein conveyed was not intended to apply to lands ceded by the Indians to the United States for sale, but only to lands actually reserved for their residence. I am, sir, very respectfully, your obedient servant, COMMANDING OFFICER, Fort Leavenworth, K. T. HEADQUARTERS TROOPS SERVING IN KANSAS, Fort Leavenworth, September 25, 1857. SIR: I have the honor to enclose for your information a copy of a communication from the governor of this Territory, making a requi sition upon me for the forces under the command of Lieutenant Colonel J. E. Johnston and Major J. Sedgwick, 1st cavalry, to act as a "posse comitatus" to preserve the public peace, and to aid in the execution of the laws at certain of the election precincts in this Territory during the election to take place on the 6th of October next. I have also the honor to enclose a copy of my reply to the governor on this subject, and copies of my instructions to Lieutenant Colonel Johnston and Major Sedgwick, in accordance with the requirements of the governor. I am, sir, very respectfully, your obedient servant, Colonel 2d Dragoons, Bvt. and Brig. General Commanding. Hon. JOHN B. FLOYD, Secretary of War, Washington. LEAVENWORTH, K. T., September 21, 1857. SIR Insurrectionary movements, accompanied by a seizure of the polls, being threatened at the general election which will take place in this Territory on the first Monday of October next, it becomes my duty, under my instructions from the President of the United States, to request you to direct Lieutenant Colonel Johnston and Major Sedgwick, respectively, in command of the troops now on their way from the west, to make the following disposition of them: 1st. Lieutenant Colonel Johnston to retain two companies of infantry at Council Grove, in Wise county. 2d. Lieutenant Colonel Johnston to send, immediately, one company of cavalry to each of the following places in this Territory, viz: Emporia, in Breckenridge county; Burlington, in Coffey county; Hyattville, in Anderson county; and to Brownsville, in Shawnee county. 3d. Major Sedgwick to retain two companies of infantry at Marysville, in Marshall county. 4th. Major Sedgwick to send, immediately, one company of cavalry to each of the following points in Kansas, namely: to Richmond, in Nemaha county; to Claytonville, or Hiawatha, in Brown county; to Palermo, in Doniphan county; and to Atchison, in Atchison county. 5th. In case the places named as above should, in any instance, prove to be those in which elections are not holden, then, in lieu thereof, said companies to proceed to the principal points, respectively, in said counties which are election precints. 6th. Each of these twelve companies to be retained at the places respectively named as above until the day succeeding the election, unless the proper authorities, hereafter referred to, in the execution of their duties, should deem it necessary longer to retain them. 7th. The troops are requested to receive from you directions to act as a posse comitatus, in aid of the civil authorities in the due execution of the laws, and for the preservation of the public peace. The United States marshal, or sheriffs, it is presumed, will be at or near the several county seats, to whom the officer in command will immediately report himself and his force for the objects above specified. Very respectfully, your obedient servant, R. J. WALKER, Brevet Brig. General WM. S. HARNEY, Official: HEADQUARTERS TROOPS SERVING IN KANSAS, HEADQUARTERS TROOPS SERVING IN KANSAS, Fort Leavenworth, September 22, 1857. GOVERNOR I have the honor to acknowledge the receipt of your communication of the 21st instant, and in reply I desire to inform you I have sent instructions to Lieutenant Colonel Johnston and Major Sedgwick, 1st cavalry, to dispose of their commands in accordance with the arrangements you proposed in your communication, at the same time directing that the forces should be reported, in each case, to the proper civil officer as a "posse comitatus" to aid in the execution of the laws and the preservation of the public peace. I am, governor, very respectfully, your obedient servant, WILLIAM S. HARNEY, Colonel 2d Dragoons and Bvt. Brig. Gen. Commanding. His Excellency R. J. WALKER, Governor of Kansas Territory, Fort Leavenworth, K. T. Official: HEADQUARTERS TROOPS SERVING IN KANSAS, A. PLEASONTON, Capt. 2d Dragoons, Acting Asst. Adj. Gen. HEADQUARTERS TROOPS SERVING IN KANSAS, Fort Leavenworth, September 22, 1857. COLONEL: The general commanding instructs me to inform you the general election in this Territory will take place on the first Monday of October next, and that the governor of the Territory has deemed it proper and necessary to make requisition upon him for the force under your command, to act as a "posse comitatus," under the |
