New-York daily tribune., 1856-09-08
s.t.t. in ,.cb made and provided ana A'o f~ 'n
pssee AMI ofpiy " W. A ! IIACKS.
,,.,.s s.,c. Attorney fr fhc Tenn ory Of kALias2 q

aha, ,be petitioner. Lois II. Brown, is the wife Of
coorr, " brown and that thcy are both citizens oi
fe United Staes and rc,ia'n' ia han-l0'
Thai The said George W. Brown j. nov unlavfglly
imrrisopcd and deprived oi his liberty in aid Terri
tory by one j. B. Donadson, Mareba. of the United
S,acs, and othcrs
That about the lst Of April 1856, Brown lc' Kansa.
On business, proceeding tO Chicago Illinois, 10 make
Arrangements tor establishing line OF steamboats,
from Alton, Illinois, To Lawrence Cry.
That he wa taken SICK IN Chicago and dciain !
Mere 10y hir illness several days but hearing of re-
newed disturbance in kansas started to return hone
Ia Lawrence;
That be stopped on hi way at the American Hone,
kept al Kansas CITY Mo-, by one Cot. E.ird-a a"i
while there bIs hotel was surrounded Dy q MOD oil
armed MssOurans:
That on ,,ro, ce,.ug further b. Wa waya.d b.twc'n
Kansas City and Wostp0r No. and ak'1 hy N'o-
lenCc 10 a place called McGc-s. ar0 ln M--"lr;
where he wa iOrChly detained until t4r noN dlt au
then taken by violence io W-,.por'. auf nla"il.y
kept there FIVE day~. a. the expiration of winch he
was forciby removed 10 a camp near lcc1n,i'n ih
Kansas Territory, where he ha- since been anal -i''-
restrained of hI- Liberty 10y force and c'n'rry 10 b. w.
That when hc was tlu- arrested ana hhpII''"'"' ",
@mc done uUt0nf any r0rraW rfFfrr', ."'
without any charge Of criminal nature Hs4.n'' ''"'
but
That aftcrward about the 10Th of Nav 'o iIn' per-
sons who had thus restrained him o ms IE pre-
tended that he with Others had been guilty oi HON
TREASON against the United Niai"Si pfc'rnI'l ''",
tley were indicted thereof by the pretended "rl1i
Iury Of "A tended county 10 Ndti-l~ anu i''i'
thnf warrant had been issued Tor hi- arrest and d'-
tenton and incc that time have given ont n -i'rr''
and pretended that he and Others are held ~ ah''iy
of law. under an Indictment for Hon IhLAsoS, as
afor, said.
But the petition further represents;
That in truth and in fact there il no such comfy
Douglas County. in Kansas Territory no slrh G. and
jury such alleged county, and mo- Sheriff o' such az
legged county. ana
That on II a. contrary a. the 'imc when tlc people
Of saIa Tertiary IlUlt a IL
the SAID Territory. certain persons, Oh" gI'1'"r po.
''tion Of whom are and were. as your petitioner b"
SLEEVES citizens of the Stat Of VI -pur came into ihc
"sad Territory and by force and Hun~ hind.rcd and
"prcvcntcd the lawful voters thereof from ccc'n- Il
"LcgisGturc and doing whatever nets were nccc-- ry
"and proper and within their authority 80 do 20 or.ap
zc said Territory and eject legislative body for the
same pursuant t0 the Act Of C0ngrc passed for tie
establishment thereof, ana
That not only did they do ths bat that they az .i-
ward formed mock and sham e--cmby =, and gave oGt
IN speeches that they wcrc ,hc Log stature oi sad r.
utOIV and that 1t only by and under tho act~O sii
mock assembly that the pretended County o Doug 90
has it, name and boundaries that the pceteudcI Gfau
Jury was convened. and 'hc pretended indictment
found and other proceedings had. under winch Gcorse
W. Brown has been and l. deprived OF ms liberty.
The appointment Of the kmisa- investigating Com
mittee is then lected, and thcir report adopted
nexed to- and made part Of the petition, and It's sta
ment ION the 2sh page Of the copy anncAedj pariicu
larly quoted:
That he alleged T,ifo,ai Legis'1tVe Weg''
'htuted body and nad no p'0 T. re-. ahd "V and e'' e
sotnents are herefore null and r'd'
The petition then further represents that the enact
ments thus referred to, are the same under which
George w. Brown il restrained Of lis liberty, auI
quotes further the statement of tine sand Commiticc on
the 9th page of their report, thus:
Charges Of Hiqh Tye0son made aqlnf pro1ic ci
grounds Thich 70 f'@""cc Gbod at
TdieuoU' and under these oh,q they hed m cUs'dy
a"d are y01sed ne P''ttege Q ba~'
George W. Brown is then specified Of the
persons referred to i'll this paragraph, aud is further
evened:
That the charge of Hon TREASON AGAINST him
not only made III the manner aforesaid. but
That some OF the persons who constituted the pre-
Tended Graud jury were at the very time of then
hon IN such capacity citizens OF the STATE OF Missouri
and residents therein
That the charge made was made without any
reasonable or probable cause whatsoever, and
That at the same time that George W. Brown j.
charged with evyng war against the United States ln
tie crrtOry of Kansas he truth aud in fact
ot and beyond the limits OF the Territory, and al
Chicago, Ill the State o. Illinois
That in truth and in fact no war whacvcr was
levied against the United States at the time stated in
said pretended Indictment or at any time aierward
there any attempt or effort, cvcn a. y0ur
petitioner believes. w,M to do The part OF any Of
The persons charged in said sham iudctnens but that
the said accusation has been made not only a cover
for the unlawful, outrageous and violent wTOn toward
the said George W. Brown and others but a means
10 deprive them Of the right of bail and ohcf remedies
10 which they would otherwise be entitled.
IL then averred by the petitioner that she
verify believes that j. B. Donaldson and the others
who have the custody of Brown are not suitable per-
sons TO have him in charge and that if the writ OF
habeas corpus shall be directed them any Of them
They will so conduct themselves in bringing him
before your Honor AZ that he will BE- murdered.
Wherefore il is prayed
"That writ of habeas corpus may b. Issued, and
that the may be directed to Cassius VI. Clay,
citizen Of the United States resident IN the Sta,e of
Kentucky, who Is, as your petitioner believes, SUIT
able person, and will dlscrccly execute and return the
same and het the sand George w. Brown may be
released and discharged from his said nnpr slnmcnt
Subscribed LOIS H. BRowS, and sworn 10 h fore I.
w Loring, IT, = Commissioner for the Distinct OF Mas-
sachusetts Sept. |, 1856.
The petition is sustained by aiiidavits of Lois II.
Brown, A. ii. Reeder Samuel c. Pomeroy, Charles
A. Foster, and Alanson st. Clair.
The affidavit of Gov. Rceder is directed at the legal
xy of the Territorial Legislature.
That of Mr. ST. Clair refers to the personal uuftness
OF Marshal Donaldson 10 have cus0d of the prisoners
From those of Mrs Brown. Gen. Pomcroy, and Mr..
Foster present the following extracts indicative of
the unsettled condition Of the Territory the continual
and personal danger of the prisoners, and recountng
the refusal of Judge Lecompte TO admit them to bail
After recting the perpetual pcrambuations of armed
hordes of Missourians, their outrugcs upon life and
property the general insecurity and the utterly made
quae protection afforded by the Territorial authorities,
Mrs Brown tha, such proceedings still continue.
Putting in terror the peaceful and actual settlers,
and frequently threatening the personal safety OF the
prisoners aforesaid and tins aian, also SAYS that the
said George W Brown, while under the guard of sol
diers of the United States, and during his imprson-
men aforesaid has been shot al 10y piece of firearms;
and the ball with which the same was loaded lod .cd
in h. window CaSCupuf which he
and that there Is constant danger that the soldiers by
whom the prisoners guarded will be- as this a!iiant
fully believes ovcrpOwcred by superior force. Th.s
aant saws further that some Of the Aforesaid prs'ucs
d. Il in l-r arr... nn