Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-12-05
U. S. MARsuAL's orrrcx,)

LEcoMproS. X. t.. Nov. 0. Sc
TO his Ereelleney. j. w. Geary.
Sr:-Your order. bearing date ol
to-day, for the re-arrest and committal
to Jail Of Charles Hays, who has
been indicted by the Grand Jury ol
the U. s. District Court, for the mur
der OF David Buil'um. and discharged
upon bail, by the Hon. Samuel d.
Lecompte, Chief Justice of Kansas
Territory, has been maturely consider.
ed by me, and after such consider.
alton | respectfully decline executing
your order for the following reasons:
lst: AS ministerial officer, / am un-
willing 10 arrogate TO myself the pow
or to contravene or set aside the acts
Of a Court Of justice, even il | disap.
proved Of the acts Of such Court, and
more especially as | am not advised ol
any law comforting such power upon
me- ftHf 81
Cd. Because | am clearly Of the
opinion that any act would be in vio-
lation Of the law l have sworn to sup.
port and execute.
Sd. In making such arrests. with
out legal warrant. or other circum
stances as would otherwise justify it,
it is most clear to my mind that
would lay myself liable to a suit OF
damages which might involve and ru.
in my securities.
The foregoing reasons and my own
convictions Of duty as a law officer
have irresistibly impellcd me to this
decision. e't
! must be permitted to say to your
Excellency, that I regret exceedingly
that my convictions Of duty have con.
strained me to decline the execution
Of your warrant. l had hoped that
my diligence in making the arrest Of
G. Hays and others. would have
shielded me from the imputation
which your remarks this evening seem
to imply. AS proof of this, I beg
leaye to state that the warrant Of the
arrest. issued on the e9th Of October.
was put in my hands the next day;
and although 100 miles had to be trav-
eled. in four days afterwards he was
lodged in prison. Your determine
ton, as expressed this evening (if !
refuse to execute your order, to sus-
pend me or procure my removal by
the President, induced me to say that
| had some days since, determined to
discontinue my present official relation
to the Territory, and | now desire the
favor Of you, to assure the President
Of my gratitude for his confidence and
kindness, and ask HIM TO relieve me
from my present position as soon as
may be convenient.
Very respectfully. &c..
1. 3. DONALDSON,
U. s Marshal Of X. 7.
This affair is likely to create consid-
erable excitement at Lecompton among
the territorial officials. The Governor
sent Col. Titus out with six men; they
were successful in finding and arrest
ing Hayes. He was taken to Lecomp-
ton for confinement. Hugh NJ. Moore.
Esq, counsel for the prisoner, set
about to procure his release. and for
that purpose he came to this city to
see Judge Lecompte and have him is.
sue a writ to take him out Of prison.
The Judge will probably do it, and
the Governor will undertake the task
Of preventing its execution.
His Excellency claims the right to
put his veto upon the doings Of the
Judiciary, II Il does not please him.
and, like old Jackson, take the respon-
sibility for his assumption Of power.
The final te, mination Of this affair
is looked for with great interest by
our people. Il is believed that Il will
eventually end in the removal or res
ipnation Of one or both the parties
concerned. Both the executive and
tho chief justice are men not At all
disposed TO give up q position once
taken. Whatever the consequences may
be. Il
Our people justify the Governor for
interposing his authority to put q stop
to the one.sided and unjust action Of