which I gave you a statement of my operations to that date. Since then, I have had business of the deepest importance to occupy every moment of my attention, and to require the most constant watchfulness and untiring energy. Indeed, so absolutely occupied is all my time, that I scarcely have a minute to devote to the duty of keeping you apprised of the true condition of this territory. I have this instant returned from an expedition to Lawrence and the vicinity, and am preparing to depart almost immediately for other sections of the territory, where my presence is demanded.

"After having issued my address and proclamations in this city, copies of which have been forwarded to you, I sent them with a special messenger, to Lawrence, twelve miles to the eastward, where they were made known to the citizens on the 12th instant. The people of that place were alarmed with a report that a large body of armed men, called out under the proclamation of the late actinggovernor Woodson, were threatening them with an attack, and they were making the necessary preparations for resistance. So well authenticated seemed their information, that my agent forwarded an express by a United States trooper, announcing the fact, and calling upon me to use my power to prevent the impending calamity. This express reached me at half-past one o'clock, on the morning of the 13th instant. I immediately made a requisition upon Colonel Cook, commander of the United States forces stationed at this place, for as many troops as could be made available, and in about an hour was on my way towards Lawrence, with three hundred mounted men, including a battery of light artillery. On arriving at Lawrence we found the danger had been exaggerated, and that there was no immediate necessity for the intervention of the military. The moral effect of our presence, however, was of great avail. The citizens were satisfied that the government was disposed to render them all needed protection, and I received from them the assurance that they would couduct themselves as law-abiding and peace-loving men. They voluntarily offered to lay down their arms, and enrol themselves as territorial militia, in accordance with the terms of my proclamations. I returned the same day with the troops, well satisfied with the result of my mission.

During the evening of Saturday, the 13th, I remained at my office, which was constantly thronged with men uttering complaints concerning outrages that had been and were being committed upon their persons and property. These complaints came in from every direction, and were made by the advocates of all the conflicting political sentiments, with which the territory has been agitated; and they exhibited clearly a moral condition of affairs, too lamentable for any language adequately to describe. The whole country was evidently infested with armed bands of marauders, who set all law at defiance, and travelled from place to place, assailing villages, sacking and burning houses, destroying crops, maltreating women and children, driving off and stealing cattle and horses, and murdering harmless men in their own dwellings and on the public highways. Many of these grievances needed immediate redress; but unfortunately the law was a dead letter, no magistrate or judge being at hand to take

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an affidavit or issue a process, and no marshal or sheriff to be found, even had the judges been present to prepare them, to execute the

same.

"The next day, Sunday, matters grew worse and worse. The most positive evidence reached me, that a large body of armed and mounted men were devastating the neighborhoods of Osawkee and Hardtville, commonly called Hickory Point. Being well convinced of this fact, I determined to act upon my own responsibility, and immediately issued an order to Colonel Cook for a detachment of his forces, to visit the scene of disturbance. In answer to this reo, Bition, a squadron of eighty-one men were detached, consistir. companies C. and H. 1st cavalry, Captains Wood and Newby whole under command of Captain Wood. This detachment len die camp at two o'clock, P. M., with instructions to proceed to Osawkee and Hickory Point, the former twelve, and the latter eighteen miles to the northward of Lecompton. It was accompanied by a deputy marshal.

“In consequence of the want of proper facilities for crossing e Kansas River, it was late in the evening before the force could ma After having proceeded about six miles, intelligence was brough Captain Wood, that a large party of men, under command of son named Harvey, had come over from Lawrence, and made an attack upon a log house at Hickory Point, in which a number of the settlers had taken refuge. This assault commenced about eleven o'clock in the morning, and continued six hours. The attacking party had charge of a brass four-pounder, the same that was taken by Colonel Doniphan at the battle of Sacramento. This piece had been freely used in the assault; but without effecting any material damage. As far as has yet been ascertained, but one man was killed, and some half-dozen wounded.

"About eleven o'clock in the evening, Captain Wood's command met a party of twenty-five men, with three wagons, one of which contained a wounded man. These he ascertained to be a portion of Harvey's forces, who had been engaged in the assault at Hickory Point, and who were returning to Lawrence. They were immediately arrested, without resistance, disarmed and held as prisoners. Three others were soon after arrested, who also proved to be a portion of Harvey's party.

“When within about four miles of Hickory Point, Captain Wood discovered a large encampment upon the prairie, near the road leading to Lawrence. It was the main body of Harvey's men, then under command of a man named Bickerton, Harvey having left after the attack on Hickory Point. This party was surprised and captured.

"After securing the prisoners, Captain Wood returned to Lecompton, which place he reached about day-break, on Monday the 15th instant, bringing with him one hundred and one prisoners, one brass field-piece, seven wagons, thirty-eight United States muskets, fortyseven Sharp's rifles, six hunting rifles, two shot guns, twenty revolving pistols, fourteen bowie knives, four swords, and a large supply of ammunition for artillery and small arms.

“Whilst engaged in making preparations for the foregoing expedi

tion, several messengers reached me from Lawrence, announcing that powerful army was marching upon that place, it being the main ody of the militia called into service by the proclamation of Secreary Woodson, when acting-governor.

atisfied that the most prompt and decisive measures were necesay to prevent the sacrifice of many lives, and the destruction of ղօ the finest and most prosperous towns in the territory, and a state of affairs, which must have inevitably involved the counmost disastrous civil war, I dispatched the following order el Cook:

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ceed at all speed with your command to Lawrence, and preollision if possible, and leave a portion of your troops there W' < purpose.'

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cordingly, the entire available Uuited States force was put in n, and reached Lawrence at an early hour in the evening. he worst apprehensions of the citizens were discovered to have 11 founded. Twenty-seven hundred men, under command of 3 Heiskell, Reid, Atchison, Richardson, Stringfellow, and were encamped on the Wakarusa, about four miles from Laweager and determined to exterminate that place and all its tants. An advanced party of three hundred men had already ssession of Franklin, one mile from the camp, and three from Lawrence, and skirmishing parties had begun to engage in deadly conflict.

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"Fully appreciating the awful calamities that were impending, I hastened with all possible dispatch to the encampment, assembled the officers of the militia, and in the name of the President of the United States, demanded suspension of hostilities. I had sent in advance, the secretary and adjutant-general of the territory, with orders to carry out the spirit and letter of my proclamations; but up to the time of my arrival, these orders had been unheeded, and I could discover but little disposition to obey them. I addressed the officers in council at considerable length, setting forth the disastrous consequences of such a demonstration as was Contemplated, and the absolute necessity of more lawful and conciliatory measures to restore peace, tranquillity, and prosperity to the country. I read my instructions from the president, and convinced them that my whole course of procedure was in accordance therewith, and called upon them to aid me in my efforts, not only to carry out those instructions, but to support and enforce the laws, and the constitution of the United States. I am happy to say, that a more ready concurrence in my views was met, than I had at first any good reason to expect. It was agreed, that the terms of my proclamations should be carried out by the disbandment of the militia; whereupon the camp was broken up, and the different commands separated, to repair to their respective homes.

The occurrences, thus related, are already exerting a benificent influence; and although the work is not yet accomplished, I do not despair of success in my efforts to satisfy the government that I am worthy of the high trust which has been reposed in me. As soon as circumstances will permit, I shall visit, in person, every section of

THE COURTS AND JUDGES.

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the territory, where I feel assured that my presence will tend to give confidence and security to the people.

In closing, I have merely to add, that unless I an more full sustained hereafter by the civil authorities, and serious difficultie and disturbances continue to agitate the territory, my only recours will be to martial law, which I must needs proclaim and enforce a Very respectfully, &c.

"JNO. W. GEARY TO

Improved condition of things.-Attempt to resurrect the courts the judges to the performance of their duty.-Judges Burrell,' ( Lecompte. The examination and trial of free-state prisoners.-tions to Judge Cato.-Letters to the Supreme Judges.-Replies of rdges Cato and Lecompte.-Great criminals permitted to run at Discharge of free-state men on bail.-Judge Lecompte's defence as

y.

THE dismissal of the Missouri invaders, the arrest of Harvey's party, and the departure of Col. Lane (which took place about this time) from the territory, were followed with the most beneficial effects. The prompt, bold, rapid, and decisive movements of the governor struck the numerous predatory bands with terror, and they either dispersed, or fled the country; and a happier condition of things began to be apparent on every hand.

The next important measure for the governor, was to resurrect, if possible, the courts, and infuse new life and spirit and energy into the judiciary, who had not only been entirely neglectful of their duties, but were actually responsible for a great portion of the evils that had so long existed. The President cannot be reprehended for not appointing men of superior legal attainments, or more than ordinary talent, to these offices; for the inducements to accept them were insufficient for mer of that description. Hence, he was in a measure compelled to make his selections from other material. But still he could have obtained men of mediocre ability, who possessed at least a small amount of integrity and legal knowledge, and some disposition to hold the scales of justice with an even hand. He certainly could not have chosen worse

than he did for the necessities of the times and territory, had he canvassed the entire country with that sole determination.

Judge Burrell was in the territory about ten days of the two years he held his appointment, the remainder of his time being passed at his residence in Greensburg, Pa., where he recently died.

When Governor Geary visited the camp of Reid, as already related, he found his honor, Judge Cato, performing the duties of a soldier in that ruffian army, and brought him thence to Lecompton, where, a short time afterwards, being in a tent of the militia, who had got possession of the arms of the free-state prisoners, and were making selections to appropriate to their own use, the judge was shot in the ankle by the accidental discharge of a revolver in the hands of a drunken fellow, named Hull. This disabled him for a considerable length of time; but, after his recovery, he became the constant companion of the most worthless characters in Lecompton, was the daily associate of George W. Clarke and L. A. Maclean, and the room-mate, mess-mate and bed-fellow of Jones and Bennett of the Lecompton Union, the honor of writing and supervising the scurrilous and lying productions of which false and abusive sheet he was shrewdly, and perhaps not unjustly, accused of sharing with Surveyor Calhoun and the other worthies named. His knowledge of law was extremely meagre, and his sense of justice by no means delicate or refined.

In

Chief-Justice Lecompte was a third or fourth-rate lawyer, from Maryland; and though notoriously indolent and sluggish, has, during his two years' residence in Kansas, accumulated in valuable property a fortune of considerable magnitude. most of the towns laid out by pro-slavery men he owns a goodly share of choice lots, presented to him, doubtless, more in regard to his virtues and talents, than for any favors he had bestowed, or was expected to bestow, in the discharge of his judicial functions. The judge owns a handsome place near Leavenworth City, to which he is so devotedly attached, that he finds it far more convenient to discharge prisoners on strawbail, than travel twenty or more miles to hold courts and go through the troublesome forms of trial. He can always find time to strike a profitable bargain, make a good land speculation, or engage in any operation that will put money in his purse; but the duties of a judge are too insignificant to receive