the house of representatives of the 22d ultimo, so far as this office is concerned, I
have the honor to report that muster-rolls of but three companies of militia
called into the service of the United States during the recent disturbances in
Kansas Territory, have been received at the department. The accompanying
letter from the paymaster-general gives the amount required for their payment.

I am, sir, very respectfully, your obedient servant,

S. COOPER, Adjutant-General.

Hon. Jefferson Davis, Secretary of War.

Quartermaster-General's Office, Washington City, January 9, 1857.

Sir: In obedience to your instructions, and in answer to so much of the reso-
lution of the house of representatives of the 22d ultimo, asking information in
relation to the affairs of Kansas as relates to this office, I have the honor to re-
port that the accounts, thus far received at this office, show no expenditures
of money for, nor issue of property to, the forces referred to in the resolution,
though it is understood, unofficially, that property was furnished for the use of
the Kansas volunteers in the fourth quarter of the last calendar year, the ac-
counts for which quarter have not been received, and are not yet due.

I return the resolution, and have the honor to be, sir, your obedient servant,
THOS. S. JESUP, Quartermaster-General.

Hon. Jefferson Davis, Secretary of War, Washington City.

[31 Cong., 3d S., Ex. Doc. 31.]



ANOTHER MESSAGE AND PAPERS ACCOMPANYING.
To the House of Representatives: In further compliance with the resolution
of the house of representatives of the 22d ultimo, calling upon me for "state-
ments of the aiuounts of money paid and liabilities incurred for the pay, sup-
port and other expenses of persons called into the service of the United States in



Governor Geary's Administration. 271

the territory of Kansas, either under the designation of the militia of Kansas, or
of posses summoned by the civil officers in that territory, since the date of its
establishment : also, statements of the amounts paid to marshals, sheriffs and
their deputies, and to witnesses, and for other expenses in the arrest, detention
and trial of persons charged in said territory with treason against the United
States, or with violations of the alleged laws of said territory," I transmit a re-
port from the secretary of the treasury, with accompanying documents.

Washington, January 21, 1857. FRANKLIN PIERCE.

Treasury Department, January 20, 1857.

Sir: To aid you in complying with the resolution of the house of representa-
tives of the 22d ultimo, "requesting the President to cause to be communicated
to the house statements of the amounts of money paid and liabilities incurred
for the pay, support and other expenses of persons called into the service of the
United States in the territory of Kansas, either under the designation of the
militia of Kansas or of posses summoned by the civil officers in that territory,
since the date of its establishment; also, statements of the amounts paid to mar-
shals, sheriffs and their deputies, and to witnesses, and for other expenses in the
arrest, detention and trial of persons charged in said territory with treason against
the United States, or with violations of the alleged laws of said territory," I have
the honor to submit a report of the comptroller of the treasury of the result of
his examination and inquiries upon the subject, together with the documents
accompanying the same. But it is proper for me to explain, that the results
communicated by the comptroller are derived from the accounts, and include
only the expenses which had been incurred and payment for which had been
made at the time these accounts were rendered, and that it is to be presumed
other expenses have been incurred not yet known to the department, and which
will in time appear in accounts to be hereafter rendered.

It appears to be understood that some bodies of men have been taken into service
in Kansas in suppoi-t of the civil authorities, to enforce the laws and preserve the
peace, in the form of militia companies or civil posses, but the fact does not ap-
pear, from any accounts as yet received at the treasury : whether the employ-
ment of such bodies of men, or any expense likely thereby to be incurred on
behalf of the United States, has been reported to the state or war departments, I
am not able to say. I am, very respectfully, JAMES GUTHRIE,

The President of the United States. Secretary of the Treasury.

Treasury Department, Comptroller's Office, January 7, 1857.

Sir : The house of representatives, on the 22d of December, on motion of the
Hon. Israel Washburn, jr., adopted a resolution, "that the President be re-
quested to cause to be communicated to this house statements of the amounts of
money paid and liabilities incurred for the pay, support and other expenses of
persons called into the services of the United States in the territory of Kansas,
either under the designation of the militia of Kansas or of posses summoned by
the civil officers in that territory, since the date of its establishment ; also, state-
ments of the amount paid to marshals, sheriffs and their deputies, and to wit-
nesses, and for other expenses in the arrest, detention and trial of persons
charged in said territory with treason against the United States, or with viola-
tions of the alleged laws of said territory." A copy thereof was "referred to the
comptroller for such information as may be in his power."

This office revises the accounts of the first auditor, whose duty it is to report
upon all civil expenses, if they had been paid, or liabilities incurred, within the



272 Kansas State Historical Society.

specifications of that branch of the resolution, and chargeable against the
United States ; and he was requested to communicate all the information in his
ofBce touching the subject of the resolution. His letter of this date addressed
to you will accompany this.

He says there are no evidences of such expenditures in his office, nor of liabili-
ties therefor. The second comptroller revises the accounts of the second and
third auditors, who settle the accounts arising from military expenses, whether
incurred for the regular army or militia in the states or territories.

On the 14th instant I addressed a letter to the second comptroller, accom-
panied by a copy of said resolution, and requested him to furnish this office with
all information touching the subject of said resolution within his office, or within
the offices of the auditors whose accounts he revises. A copy is herewith trans-
mitted.

The answers of the second comptroller, second and third auditors will accom-
pany this. Neither has any information touching the subject of inquiry.

An accottnt of the Hon. Wilson Shannon, late governor of Kansas, is in this
office under examination, and Vouchers Nos. 3, 6, 12, and 15, amounting to S85.20,
contain expenditures called for by the resolution. Voucher No. 4 contains ex-
penditures of the like character to the amount of $38.97: total, 8124.17.

The last designated voucher (No. 4) amounts in the aggregate to 856.05, but
$18.08 are items for the executive office, of such a character as he would necessa-
rilly purchase, aside from any disturbance in the territory. Copies of said
vouchers will accompany this.

I have no knowledge of any other expenditures within the purview of the res-
olution, or liabilities therefor, unless the following is an exception as to liabilities:

On the 12th instant the chief clerk of the interior department handed me a
letter addressed to the secretary by Mr. Whitfield, the delegate from Kansas
Territory, with an account in favor of William S. Preston, as deputy marshal in
said territory, amounting to 8530, for certain services therein stated ; and my
opinion was requested upon the proposition whether it could be paid by either
law or precedent, from the judiciary fund. On the same day I replied to the in-
quiry in the negative. A copy thereof will accompany this.

Most respectfully submitted by yours, ELISHA WHITTLESEY.

Hon. James Guthrie, Secretary of the Treasury.



List of papers referred to in the report of the comptroller to the secretary of
the treasury in regard to the resolution of the house of representatives of 22d De-
cember, 1856, calling for certain expenses paid and liabilities incurred in the ter-
ritory of Kansas :

No. 1. Letter of first auditor, dated January 17, 1857.

No. 2. Letter to second comptroller, dated January 14, 1857.

No. 3. Reply of second comptroller, dated January 16, 1857.

No. 4. Reply of second auditor, dated January 15, 1857.

No. 5. Reply of third auditor, dated January 15, 1857.

No. 6. Vouchers Nos. 3, 6, 12, and 15, in account of Wilson Shannon.

No. 7. Voucher No. 4, in account of Wilson Shannon.

No. 8. Letter of comptroller to honorable secretary of the interior relative to
account of William S. Preston, and dated January 12, 1857.

No. 9. A copy of house resolution, dated December 22, 1856.



Govenioi- Gcari/'fi Adiuinistrafion. 273



No. 1.
Treasury Department, First Auditor's Office, January 17, 1857.

Sir : In reply to the resolution of the United States house of representatives,
bearing- date of the 22d ultimo, requesting the President to communicate to that
body statements of the amounts of money paid and liabilities incurred by the
civil authorities of the territory of Kansas since the date of its establishment, I
have the honor to report, that there are no vouchers or other evidences of the
payment of money in my office " for the pay, support and other expenses of per-
sons called into the service of the United States in the territory of Kansas, either
under the designation of the nailitia of Kansas, or of posses summoned by the
civil authorities in that territory since the date of its establishment," nor are there
any vouchers in my office for "amounts paid to marshals, sheriffs and their depu-
ties, nor to witnesses, and for other expenses in the arrest, detention and trial of
persons charged with treason in said territory against the United States, or with
violations of the alleged laws of said territory."

Very respectfully, your obedient servant, T. L. SMITH, Auditor.

Hon. James Guthrie, Secretary of the Treasury, Washington, D. C.

No. 2.
Treasury Department, Comptroller's Office, January 14, 1857.

Sir : I hand to you herewith a copy of a resolution of the house of represen-
tatives of the Congress of the United States, adopted on the 22d of December
last, calling upon the President of the United States for information in regard to
expenses or liabilities incurred in the territory of Kansas, either under the
designation of the militia of Kansas, or of a posse summoned by the civil officers
in that territory, since the date of its establishment.

The secretary of the treasury having referred the resolution to this office for
a report, be pleased to state whether any accounts have been revised by you for
expenses or liabilities incurred within terms or true intent and meaning of the
resolution, and whether any such accounts, liabilities or claims are in the posses-
sion of the proper treasury officers whose accovints you revised.

Most sincerely yours, ELISHA WHITTLESEY.

J. M. Brodhead, Esq., Second Comptroller.

No. 3.
Treasury Department, Second Comptroller's Office, January 16, 1857.
Sir : Your letter of the 14th instant, inclosing a copy of the resolution of the
house of representatives of the 22d ultimo, requesting the President to cause
to be communicated to that house "statements of the amounts of money paid
and liabilities incurred for the pay, support and other expenses of persons
called into the service of the United States in the territory of Kansas, either
under the designation of the militia of Kansas, or of posses summoned by the
civil officers in that territory, since the date of its establishment," etc., was
duly received. I referred your letter and the inclosed copy of the resolution to
the second and third auditors, and now transmit to you copies of their reports on
the subject, dated yesterday, to which I add the remark, that no account for any
such expenses or liabilities as are referred to in the resolution aforesaid have been
either allowed at or presented to this office.

Very respectfully, your obedient servant,

J. M. BRODHEAD, Comptroller.
Hon. E. Whittlesey, First Comptroller of the Treasury.



274 Kansas State Historical Society.

No. 4.
Treasury Department, Second Auditor's Office, January 15, 1857.

Sir : I have the honor to return herewith the letter of the first comptroller,
inclosing a copy of the resolution of the house of representatives, dated the 22d
ultimo, calling upon the President for information in regard to expenses or lia-
bilities incurred in the territory of Kansas, either under the designation of the
militia of Kansas, or of a posse summoned by the civil officers in that territory,
since the date of its establishment, and have to state that no information in rela-
tion to the above inquiry is on file in this office.

Very respectfully, your obedient servant, P. CLAYTON, Second Auditor.

John M. Brodhead, Esq., Second Comptroller.

No. 5.
Treasury Department, Third Auditor's Office, January 15, 1857.
Sir : I herewith return to you the letter of E. Whittlesey, Esq., comptroller of
the treasury, accompanied by a copy of a resolution of the house of representatives,
adopted on the 22d December last, in regard to expenses or liabilities incurred
in the territory of Kansas, either under the designation of the militia of Kansas,
or of a posse summoned by the civil officers of that territory, since the date of
its establishment, which you referred to me, to be furnished with any informa-
tion asked for that may be in this office, and have to inform you that it does not
appear that any allowance on account of expenses or liabilities for the territory
of Kansas has been made through this office, nor that any claim connected with
the subject has been presented to this office.

Very respectfully, your obedient servant,

ROBERT J. ATKINSON, Auditor.
John M. Broadhead, Esq., Second Comptroller.

No. 6.
Governor Wilson Shannon to Maxwell & Pearson, Dr. December 10, 1855.
To hire of buggy and two horses and driver six days in going to Lawrence, dur-
ing the troubles at that place growing out of resistance to the sheriff of Douglas
county, charge, $39.50; hire of horse for express to General Richardson during
the above troubles, S5.00; total, $44.50. Received payment,

PEARSON & MAXWELL.

Governor Shannon to George Bluejacket, Dr. For the use and occupation of
a house on the Wakarusa, used for his office, from the 6th of December to the
10th of same month, 1855, during the troubles with the people assembled in the
town of Lawrence, $10.00; also, for an express sent from the Wakarusa to Fort
Leavenworth to Colonel Sumner, and piloting the same across the Kansas river,
$4.00; amount due, $14.00. Received $14.00, the amount of the above bill, from
Wilson Shannon, governor of territory of Kansas, this 1st day of January, 1856

GEORGE X BLUEJACKET,
niark.
Attest: A. G. Boone, Wakarusa, December 6, 1855.

From the office of the united eastern, western, northern and southern lines,
connecting St. Louis with New York, Boston, Philadelphia, Pittsburg, Cincin-
nati, St. Joseph, and New Orleans. Exchange Building, corner of Main and Olive
streets.



GovefHor Geari/'s Arl ministration. 275

Dated St. Louis, 1856. To Received, St.

Louis, June 27, 1856, of Wilson Shannon S9,70, for telegraphic dispatch sent to
his excellency Franklin Pierce, Washington city.

C. K. McGUNNEGLE, Jr., Receiver National Telegraph.

Territory of Kansas to Eastin & Adams, Dr. 1855. November. To printing
200 copies of Gov, Wilson Shannon's proclamation to the citizens of Kansas Ter-
ritory, $10.00; to advertising the same, seven squares, one week in the " Kansas
Herald," $7.00 ; total, $17.00.

Received payment in full of Wilson Shannon, governor of Kansas Territory.

Leavenworth City, July 16, 1856. EASTIN & ADAMS.

Territory of Kansas to A. G. Boone, Dr. 1855. — December 4. — To one ream
letter-paper for executive office, $5.00; 19— To cash paid for telegraphing Presi-
dent of the United States: the line being down, the dispatch had to be carried
by hand part of the way, $35.47: 19.— Cash paid for candles, $1.50; 19.— Cash
paid for paper and envelopes, $2.00; 19. — Cash paid for expenses at Wakarusa,
during the disturbances at Lawrence, $3.50: 27. — One ream cap paper for execu-
tive office, $5.00; 28.— One box, 25c; 10 lbs. candles, 33c per lb., $3.30. Total,
$56.05.

Received payment of Wilson Shannon, governor of Kansas Territory.

A. G. BOONE.

No. 8.
Treasury Department, Comptroller's Office, January 12, 1857.

Sir: The letter of the Hon. J. W. Whitfield, with the account of William S.
Preston, and a deputation given to said Preston as special or deputy marshal in
the territory of Kansas, were handed to me to-day by Mr. Kelly, with the request
that I state by what authority of either law or precedent the account can be
paid out of the jiidiciary fund.

It appears from a writing bearing date September 29, 1856, signed by J. B.
Donaldson, United States marshal, that he appointed William S. Preston one of
his deputies, with power to execute all legal process that might be placed in his
hands to execute.

An oath was administered to Mr. Preston on the same day by Judge Cato, by
which the said Preston promised faithfully to discharge the duties of deputy
United States marshal to the best of his abilities. The oath is not in accordance
with the form prescribed by the act of September 24, 1789, "to establish the
judicial courts of the United States" (section 27, vol. 1, at page 87), but I do
not consider this to be essential in the present case.

He charges the United States with the following services, for which he claims
compensation :

October 10, 1856. To services rendered as special marshal, under an appoint-
ment of United States Marshal J. B. Donaldson, of date September 29, 1856. and
herein filed, on the frontier, in arresting Colonel Eldridge's party of 254 persons,
$508.00 ; October 4, 1856. — To arrest of five persons for conducting Higgins's
slave through the territory, $10.00 ; mileage to frontier, 200 miles, 6 cents per
mile. $12.00 : total, $530.00.

Mr. Preston has verified his account by his oath. Judge Cato gives a certifi-
cate, "that from the oath of William S. Preston, deputy marshal, the account
as it stands stated is correct, and the payment is recommended."

The duties of the marshal, as set forth in the said twenty-seventh section,



276 Kansas State Historical Societif.



are, "to execute throughout the district all lawful jjrecepts directed to him and
issued under the authority of the United States ": and power is given to him to
command all necessary assistance in the execution of his duty, and to appoint
one or more deputies.

The papers do not show that any complaint was made that any law of the
United States was violated, nor that any crime had been committed, nor that
any warrant or writ had been issued.

The act of February 26, 1853, prescribes the fees to which the marshal is en-
titled for definite services, but it does not appear from the papers that Mr,
Preston performed any act for which he is entitled to compensation by law.

The marshal, J. B. Donaldson, states he thinks that Mr. Preston ought to be
paid ; yet he says he cannot find any instructions or law that authorizes the
payment to a marshal for making arrests without a warrant. He also states
that the persons arrested were entering the territory in violation of law, and con-
sequently were liable to be arrested.

From an examination of the facts and the law, my opinion is, that the ac-
count cannot be paid by the United States without the express sanction of Con-
gress. The papers are returned. Most sincerely yours,

ELISHA WHITTLESEY.

Hon. Robert McClelland, Secretary of the Interior.

No. 9.

Resolved, That the President be requested to cause to be communicated to
this house statements of the amounts of money paid, and liabilities incurred, for
the pay, support and other expenses of persons called into the service of the
United States in the territory of Kansas, either under the designation of the mili-
tia of Kansas, or of posses summoned by the civil officers in that territory, since
the date of its establishment ; also, statements of the amounts paid to marshals,
sheriffs and their deputies, and to witnesses, and for other expenses in the arrest,
detention and trial of persons charged in said territory with treason against the
United States, or with violations of the (so-called ) laws of said territory.

[34 Cong., 3d Sess., Ho. Ex. Doc. 45. ]



CASE OF WILLIAM T. SHERRARD.
FROM WILDER'S "ANNALS."

January 7. — Samuel J. Jones resigns, and his friend Wm. T. Sherrard is ap-
pointed, by the county board, sheriff of Douglas county. Governor Geary delays
issuing a commission to Sherrard.

January 19. — The house asks Governor Geary, by resolution, why he does not
commission Sherrard. Sherrard threatens the governor's life. Governor Geary
asks General Smith for "military protection: refused.

January 21. — Governor Geary sends to the house his reasons for not giving a
commission to the drunken brawler. Bill Sherrard.

February 19, 1857. — The friends of Governor Geary hold an indignation meet-
ing, Bill Sherrard having spit in the governor's face, and threatened to kill him.
Sherrard and others attempt to break up the meeting: he shoots Jos. Shepard in
the head and leg, and wounds John W. Jones, Governor Geary's clerk and brother-
in-law. Jones then shoots and kills Sherrard. Young Jones is arrested by ex-
Sheriff Jones. A company is formed to protect the prisoner and Governor Geary.
[J. W. Jones is afterwards bailed, and absconds.]



Governor Geari/'s Ad in inii^t ration. 277

REPORT or THE COMMITTEE ON THE JUDICIARY.

The committee on the judiciary, to whom was referred house bill No. 14, en-
titled "An act to declare valid the official acts of William T. Sherrard, and to
make valid his appointment to the office of sheriff of Douglas county," would
respectfully report that they have had the same under advisement, and have
arrived at the conclusion, by reference to the several statutes now in force, that,
at the time of the appointment of William T. Sherrard to the office of sheriff of
Doviglas covinty, there was not a board of county commissioners authorized to
make such appointment : and to sustain this conclusion we refer to the laws
bearing on the question. By the seventh section of "An act providing for the
office of sheriff and prescribing his duties," it is provided that a vacancy occur-
ring in the office of sheriff shall be filled by appointment by the tribunal trans-
acting county business, and by the twenty-ninth section of "An act organizing
probate courts," etc., the board of county commissioners is declared to be the
tribunal transacting county business; and the last-mentioned act provides that a
vacancy in the office of probate judge shall be filled by appointment by such
board, but there is no provision in the statute authorizing such board or any
other power to fill a vacancy in the office of county commissioner.

It is true the thirty-fourth section provides that the board may appoint agents
and commissioners, but this evidently does not mean a member of their own body.
It is provided by the organic act that the governor shall appoint all officers not
otherwise provided for. There being no provision in the territorial statute for the
appointment of county commissioners, the governor, and not the board, should
fill vacancies in these offices. By reference to the journals of the last session of
the legislature, we find that John M. Banks and George W. Johnson, together
with John P. Wood, the probate judge, constituted the board for Douglas count3^
On a statement of the probate judge, now before us, we find that some time last
summer Commissioner Johnson left the territory, and at a meeting of the board,
some time in August or September, A. D. 1856, composed of Judge Wood and
Commissioner Banks, the board declared a vacancy in Commissioner Johnson's
office, and proceeded to fill the same by the appointment of a Mr. Spicer as a
commissioner : and at a meeting of the board on the third Monday in October,
composed of Judge Moore and Mr. Spicer, S. J. Jones resigned his office as sher-
iff, which was accepted, and the clerk was ordered to enter the resignation and