742 protection to the persons, property, and civil rights to all peaceable and lawabiding inhabitants of the territory. "In testimony whereof, I have hereunto set my hand and caused to be attached the seal of the territory of Kansas. "Done at the city of Lecompton, this twenty-fifth day of August, in the year of our Lord eighteen hundred and fifty-six, and of the independence of the United States the eightieth. "DANIEL WOODSON, Acting Governor, K. T." Private letters were written by the acting governor to parties in Missouri, calling for men, money, and the munitions of war, to carry out the purposes of the pro-slavery party. The address, the proclamation, and the letters had the effect of calling into the territory large numbers of armed men, chiefly from Missouri, with passions highly inflamed, and prepared for a war of extermination against the free state settlements. Such was the state of affairs on the arrival of governor Geary at Lecompton. In accordance with his proclamation, he forthwith proceeded to disband all the armed bodies in the territory which had been collected under the authority of secretary Woodson, and to this end he issued the following orders to the proper military officers; and on the same day sent the following dispatch to secretary Marcy : T.,} "EXECUTIVE DEPARTMENT, LECOMPTON, K. T., "ADJT.-GEN. H. J. STRICKLER : EXECUTIVE DEPARTMENT, LECOMPTON, K. T., "INSPECTOR-GEN. THOS. J. B. CRAMER: September 12, 1856. T.,} "SIR: You will take charge of the arms of the territory of Kansas, now in the hands of the militia about to be disbanded and mustered out of the service by the adjutant-general. You will also carefully preserve the same agreeably to the 15th section of the act of assembly, to organize, discipline, and govern the militia of the territory. JNO. W. GEARY, "Yours, &c., "EXECUTIVE OFFICE, LECOMPTON, K. T., · T.,} "HON. WM. L. MARCY, "Secretary of State, Washington, D. C. "MY DEAR SIR: I arrived here late on the night of the 10th inst., having crossed from Fort Leavenworth with an escort furnished me by General Smith. On the road, I witnessed numerous evidences of the atrocities that are being committed by the bands of marauders that infest the country. In this place everything is quiet; which is attributable to the presence of a large force of United States troops. The trial of the United States prisoners was to have taken place on the day of my arrival; but in consequence of the absence of the district attorney, and the non-appearance of witnesses, it was deferred until the next regular term of court, Judge Lecompte admitting the prisoners to bail in the sum of five thousand dollars each. They departed on the same day for Lawrence, where Lane still continues in force. "Accompanying this you will find printed copies of my inaugural address, and my first proclamations, which will exhibit the policy I have thus far thought proper to pursue. "I have determined to dismiss the present organized militia, after consultation with and by the advice of General Smith; and for the reasons that they were not enrolled in accordance with the laws; that many of them are not citizens of the territory; that some of them were committing outrages under the pretence of serving the public; and that they were unquestionably perpetuating, rather than diminishing, the troubles with which the territory is agitated. "I have also, as you will see, taken the proper steps to enroll the militia of the territory, agreeably to the act of assembly, and to your instructions o. September 2d. I trust that the militia, thus organized, may be rendered serviccable to the government. It is probable also that these proclamations may have the tendency to disband the free state organizations at Lawrence. "Nothing of material importance has occurred, or come under my notice, since I last addressed you. I shall continue to keep you apprised of all matters that I may deem of sufficient interest to communicate. "As there is no telegraphic communication nearer than Boonville, I am compelled to trust my dispatches to the mails, which are now in this region somewhat uncertain. "Most truly and respectfully, your obedient servant, "JNO. W. GEARY." At the time of writing the above, the strength, movements and designs of the Missouri army were unknown to Governor Geary; but soon afterwards their plans and operations began to be developed. Shortly after midnight, on the morning of September 13th, the governor received a messenger bearing the following dispatch: "HEAD QUARTERS, MISSION CREEK, K. T, "TO HIS EXCELLENCY, J. W. GEARY, "Governor of Kansas Territory. "SIR: In obedience to the call of Acting-Governor Woodson, I have organized a militia force of about eight hundred men who are now in the field, ready for duty, and impatient to act. Hearing of your arrival, I beg leave to report them to you for orders. Any communication forwarded to us, will find us encamped at or near this point. "I have the honor to be, respectfully, your obedient servant, "Brig. Gen. Com. 1st Brig., Southern Division, Kansas Militia. "By order: L. A. MACLEAN, Adjutant." Not more than an hour after the receipt of the foregoing, a second messenger arrived, himself almost exhausted with a long and fast ride, and his horse nearly broken down, and presented the following: "TO HIS EXCELLENCY, J. W. GEARY, "HEAD QUARTERS, MISSION CAMP, "Governor of Kansas Territory. "SIR: Yesterday I had the honor to report to you my command of the Kansas Militia, then about eight hundred strong, which was dispatched via Leavenworth. In case it may not have reached you, I now report one thoussand men as territorial militia, called into the field by proclamation of ActingGovernor Woodson, and subject to your orders. "I have the honor to be, respectfully, your obedient servant, “WM. A. HEISKILL, "Brig. Gen. Com. 1st Brig. Southern Division, Kansas Militia. "By order: L. A. MCLEAN, Adjutant." Without a moment's hesitation, the governor determined at once to disband these troops and send them back to their homes; and he accordingly answered the dispatches of General Heiskell, as follows: "EXECUTIVE OFFICE, LECOMPTON, K. T., "BRIG. GEN. WM. A. HEISKELL : "SIR: Your first and second dispatches have been received. I will communicate with you through the person of either the secretary of the territory, or the adjutant-general, as soon as he can reach your camp, he starting from this place at an early hour this morning. "Very respectfully yours, JNO. W. GEARY, "Governor of Kansas Territory. Whilst the foregoing was being written, a message was received from a special agent of the governor, dated at Lawrence, in which he says: "I arrived here a few moments ago, and distributed the address and proclamations, and found the people prepared to repel a contemplated attack from the forces coming from Missouri. Reports are well authenticated, in the opinion of the best men here, that there are within six miles of this place a large number of men-three hundred have been seen. ** At this moment one of the scouts came in, and reports the forces marching ageinst them at Franklin, three miles off, and all have flown to their arms to meet them." This message was enclosed with the following dispatch, and sent immediately to Colonel Cook, commanding United States forces near Lecompton: "DEAR SIR: The accompanying dispatch, just received from Lawrence, gives sufficient reason to believe that trouble of a serious character is likely to take place there. Mr. Adams, the writer of the dispatch, is a special agent whom I sent down last evening to ascertain the state of affairs. I think you had better send immediately to Lawrence a force sufficient to prevent bloodshed, as it is my orders from the president to use every possible means to prevent collisions between belligerent troops. If desirable, I will accompany the forces myself, and should be glad to have you go along. Colonel Cook, with three hundred mounted soldiers and four pieces of artillery, started immediately for Lawrence, accompanied by Governor Geary. On their arrival they learned that the danger was not imminent. The citizens of Lawrence were under arms and the town fortified at every point. The governor assembled the inhabitants, cautioned them against the commission of any unlawful acts, and promised them his protection in case they were attacked. He was immediately recalled to Lecompton with the troops in consequence of troubles in that neighborhood. Upon his arrival he found his office thronged with people excited by the intelligence that Lane meditated an attack upon the pro-slavery settlements of Hickory Point, Osawkee and the neighborhood; some of the inhabitants of those places having fled in terror to Lecompton. Affidavits were made of outrages committed and handed to the governor, upon the receipt of which he made the following requisition upon Colonel Cook: "COL. P. ST. G. COOK: T., } "EXECUTIVE DEPARTMENT, LECOMPTON, K. T., "DEAR SIR: You will perceive by the accompanying affidavit, and from verbal statements that will be made to you by Dr. Tebbs, that a desperate state of affairs is existing at Osawkee and its vicinity, which seems to require some action at our hands. I strongly recommend that you send a force, such as you can conveniently spare, to visit that neighborhood, at the earliest moment. If such a force cannot succeed in arresting the perpetrators of the outrages already committed, and of which complaint has been made in due form, it may at least tend to disperse or drive off the band or bands of marauders who are threatening the lives and property of peaceable citizens. The deputy marshall will accompany such troops as you may judge expedient to detail on this service. "Very respectfully and truly yours, JNO. W. GEARY, "Governor of Kansas Territory." A detachment of dragoons was forthwith dispatched by Colonel Cook to pursue the marauders and protect the neighborhood. At midnight they fell in with a party of armed men and took one hundred of them prisoners without resistance. They were mostly mounted, and heavily armed, and had with them a brass field-piece and several wagons, all of which were captured and taken to Lecompton. They were said to be a detachment of forces of General Lane, under command of Captain Harvey, and were on their way from Lawrence to join a large body from Topeka. They had been engaged in an affray at Hickory Point. One of the leaders, on being asked if they had not read the governor's proclamation, wittily replied, "Oh yes, and before we commenced our fire upon the border ruffians, we read the proclamation to them, and commanded them to surrender in the name of the governor." These prisoners were taken to a dilapidated house in Lecompton and guarded by a company of militia under command of Colonel Titus. Here they suffered for the want of food, clothing and bedding; overrun with vermin, and exposed to constant insults from the guards. At the October term of the district court, some were acquitted and others convicted of manslaughter. These were sentenced to terms of confinement varying from five to ten years of hard labor, and to wear a ball and chain. As sheriff Jones had not been permitted by the verdict to hang the prisoners, he was exceedingly anxious to apply the ball and chain, and wrote to Governor Geary that "It is indipensably necessary that balls and chains should be furnished, and understanding that the same can be procured by your application to General Smith, I will request that you will procure and have them sent over at the earliest day possible." To this application the governor replied that "General Smith has no balls and chains for the purpose nor is it deemed advisable to procure any." The governor immediately remitted that portion of their sentence requiring the ball and chain, as being "cruel and unusual, and especially inappropriate." The prisoners were subsequently placed under the charge of Captain Hampton, Master of Convicts, an office created by an act of the territorial legislature. They were treated with a kindness and consideration by that generous hearted Kentuckian, which called down upon him the vengeance of the leading members of his party, and his removal by the governor was demanded. The prisoners were subsequently pardoned by Governor Geary. While the governor was attending to the troubles at Hickory Point, a large army was gathering on the Wakarusa preparatory to an attack on Lawrence. As these men styled themselves the territorial militia and were called into service by Woodson, the governor immediately commanded that officer to take with him adjutant-general Strickler with an escort of United States troops and disband the forces he had assembled. But Woodson discovered that he had raised a storm which he could not control. Mr. Adams, who accompanied Woodson to the camp, sent the following dispatch to the governor : "HIS EXCELLENcy, Governor GEARY: "Sir: I went as directed to the camp of the militia, and found at the town of Franklin, three miles from this place, encamped three hundred men, with four pieces of artillery. One mile to the right, on the Wakarusa, I found a |