The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-12-05
The Controversy between Gov. Geary
and Marshal Donaldson.

The following is the account Of the con-
troyeny between Gov. Geary and Marshal
Donaldson as given by the st. Louis Demo-
crat:
Last Monday sent you an account OF
what transpired in the Governors Office the
day before. SLOW he became very much
excited upon hearing that Hayes, tho allcg.
cd murderer of David Butium, had been adj
mitted to bail by Judge Lecompte." The
following is u copy Of the correspondence
between his Excellency and the Marshal,
given by the latter to the editor Of the Lcav-
enworth Herald, for publication, at the
time referred to:
"ExEcuTvE DEPARTMENT,
LrcoMroS, X. T., Nov. 10, 1856.
=" To !. B. Donaldson, Marshal ofhe Ter
riiory Of Kansas"
"Sir: An indictment for murder in the
first degree having been duly found by the
Grand Jury ofthis Territory against Charles
HAYES, for the murder Of certain David
G. Buffum, in the county Of Douglas, in this
territory, and the said Charles Hayes having
been discharged upon bail, as consider in
violation Of law: This is to authorize and
command you to rc-arrest the said Charles
Hayes, if he can be found in the bounds Of
this territory, and safely keep him until no
is duly discharged, by jury Of his own coun-
try, according to law.
;" Given under my hand and seal, at the
city of Lecompton, the day and
[sEAL.] year above written.
JouS W. GEARY,
Governor of Kansas Territory"
"UNITED STATES MARsnAL's OFFICE,
LEcoNpToN X. 7, Nov. 0, 1856.
" To his Eroeiieney, John w. Geary, Co..
ernor of the Territory Of Kansas.
"Sir: Your order bearing date Of to-day
for the re-arrest and committal to Jail oil
Charles Hayes who has been indicted by the
Grand Jury. Of the United States District
Court for the murder of David q. Bufum,
and discharged upon bail by the Hon. Sam
ucl ID. Lccompte, Chief Justice of Kansas
Territory has bean maturely considered by
me, and after much consideration respect.
fully decline executing your order, for the
following reasons;
"lst. As ministerial officer, | am un'
willing to arrogate to myself the power tc
contrayene or set aside the acts Of Court o.
Justice, even If l disapproyo of the acts oil
such Court and more especially, as l on
not advised of any law comforting such pow
er upon me.
"2d. Because am clearly Of the opinion
that my act would be in violation Of the law
have sworn to support and execute.
"3d. In making such arrest without
legal warrant, or other circumstances tina
would otherwise justify it. it Is most clea'
to INV mind that would lay myself liabl,
to u suit of damages that might involve me
and ruin my securities.
"Thc foregoing reasons, and my own con-
victions of duty as law officer. have irreslst
IDLY impclled me to this decision.
81 must be permitted to sly to your TX
ccllency, that regret exceedingly that my
convictions of duty has constrained me I,
decline the execution of your warrant
had hoped that my diligence in MAXIM tn
arrest Of Z. Hayes and others, would hav
shielded me from the imputation which you
remarks this evening would seem to imply
As proof of this, | beg leave to state tina
the warrant for his arrest issued on the 29ti
of October, was put in my hands the mex
day; and although one hundred miles ha'
to be travelled, in four days afterwards HI
was lodged in prison. Your determination
as expressed this evening, (if refuse to ex
ccute your order,) To suspend me or procur
my removal by the President, induces me Il
say that had some days since determined
to discontinue my present official relation t
tho territory, and | now desire the favor o
you TO assure the President Of my gratitud,
for his confidence and kindness, and asl
him to relieve me from my present position
rs soon as may be convenient.
Very respectfully,