The Kansas herald of freedom., 1856-11-22
L. S. MARsIrAl.'s $ OrF1cE.


TO his Ercellency, JOHN " Geary,
Gorernor fthe Territory Of Kansas-
SIR: Your order bearing date of to-day,
for the re-arrest and committal to Jail
of Charles HAYS, who has been indicted
by the Grand Jury of the L. S. District
Court, for the murder of David c. Buff
fun, and discharged upon bail, by the
Hon. Samuel ID. Lecompte, Chief JUS
tice of Kansas Territory, has been ma
turely considered by Inc, and after such
consideration respectfully decline cx-
ecuting yoar order for the following rea-
sons -
1st. As ministerial officer. j am
unwilling to arrogate to myself the
power TO contravene or set aside the
acts of a court of justice, even if | dis
approved of the acts of such court, and
more especially as [ am not advised of
any law comforting such power upon
me
II Because ! am clearly of tho opin-
ion that my act would be violation of
the law have sworn to support and
execute
Sd. In making such arrest, witheat
4 legal warrant, or other circumstan-
ces as would otherwise justify it, it Is
most clear to my mind that | would
lay myself liable to suit of damages,
which might involve and ruin my secu-
rites.
The foregoing reasons and my own
convictions of duty as law officer,
have irresistihIy compelled me to this
decision.
must be permitted to say to your
Ezcellcney, that | regret exceedingly,
that my convictions of duty have con-
strained me to decline the execution of
your warrant. | had hoped that my
diligence in making the arrest of G..
Hays and others, would have shielded
me from the imputation which your re-
marks this evening seem to imply. As
proof of this, | beg leave to state that
the warrant for his arrest, issued on the
18th of October, was put in my hands
the next day, and although one hun
dred miles had to be travelled, in four
days afterwards he was lodgedin prison.
Your determination as expressed this
evening, (if l refuse to execute your
order J to suspend me or procure my re-
moval by the President, induces me to
say, that / had SONS days since, deter
mined to discontinue nay present OH
cial relations 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, Your ob't sev't.
l. b. DONALDSON,
L. S. Marshal of X L. 4
1t is not our province to sindicate
the Governor. 1t looks to us like an
interesting family quarrel, and we trust
we were better raised than to mic up in
such affairs And yet we cannot help
looking on and sDsiiing at the progress
of the controversy. The Governor
merits some good raps from that side of
the house for his efforts. apparently, to
subserve the Pro- Slavery party since he
has beea in Kansas. He has been con-
stantly surrounded By Pro-Slavery ad-
visers has employed them as, willing
tools to execute his commands; and
many Free State men think him inclin-
ed to oppress those who do not choose
to endorse his position. Be these mat
tcrs as they may. he is the Governor of
Kansas Territory, and, by virtue of his
Office, is conscryator of the peace
He is bound to prevent all allirrpgularities
among inferior officers, and correct
abuses generally. Unless some person
possesses such power, and exercises 1T,
general anarchy would follow. The
past season has shown us what a gov
ernmcnt can be without a Governor.
Judges and Marshais, as web as all
other public fanctionaries, have forgot
Ten that they were restrained BY law !.
and have been running riot, committing
all manner of depreda;ioas upon the
people, because there was no authority
to call them TO account, or superintend
their action. Fortunately for the seeu-
rify OF Kansas fortunately for the Re-.
public aRi the peace Of the worlds a