Respectfully yours, S. W. TUNNELL, Sheriff.
By JOEL T. MOORE, Deputy Sheriff.
Governor Robert J. Walker.
Leavenworth County, Kansas Territory, July 4, 1857.
Sir: Since my last, of to-day's date, I have been credibly informed that a
party of men have asserted that if the prisoners ( mentioned in my last ) were not
let to bail they would release them.
Respectfully yours, S. W. TUNNELL, Sheriff.
Governor R. J. Walker. By J. T. MOORE, Deputy Sheriff.
July 6, 1857.
Dear Sir : Since I arrived at this place, it has been suggested by the two jus-
tices of the peace to me that they thought it best for you to send some 8 or 10
men. They apprehend some danger of some excitement getting up, and it may
result in a serious difficulty, in regard to those prisoners. If you can, you will
much oblige your obedient servant, S. W. TUNNELL,
Sheriff of Leavenworth County.
Hon. R. J. Walker, Governor of the Territory of Kansas.
Leavenworth, July 6, 1857.
Sir : On Saturday last two several written applications were made to me by
the sheriff of this county for the aid of the military authority to prevent the res-
cue of two persons, now undergoing examination before a justice of the peace in
the city of Leavenworth, under a charge of murder in the first degree. I did not
comply with the request, but jjroceeded to the place of trial with the deputy
sheriff, and, after a brief explanation to the crowd, accompanied the prisoners
myself in a carriage about three miles to the fort, where they have since been
safely kept, and were taken back this morning to Leavenworth, where the pre-
liminary examination is still progressing. I have this moment received a third
letter from the sheriff, in which he says two justices of the peace concur in repre-
senting the danger as imminent, and requesting military aid. Under the circum-
stances, you are requested to furnish immediately one company of troops as a
"posse comitatus" in aid of the sheriff in the dvie execution of the laws, and for
the preservation of the public peace, and that they may be ordered for this pur-
pose to the place where the trial of the accused is now progressing.
Most respectfully, your obedient servant, R. J. WALKER,
Governor of Kansas Territory.
Brevet Brig. -Gen. W. S. Harney, Commanding Troops in Kansas, &c., &e.
Doniphan, July 7, 1857.
Dear Sir: As a federal officer having charge of important and valuable docu-
ments, and occupying a position of great responsibility as regards the general gov-
ernment and the citizens of this land district, I feel it my duty to inform you of
the condition of things in this town, which imperil the safety of those documents
and the peace and quiet of the neighborhood.
The facts are simply these:
350 Kansas State Historical Society.
A few days since, a personal difficulty occurred between Mr. Boyd, a pro-
slavery citizen, and Mr. Mitchell, a free-soil citizen; a challenge passed, and the
parties were upon the ground to settle the matter by duel, when they were
arrested and bound over by the legal authorities. Last night a large number of
the free-soil party assembled and seized some muskets from the custody of the
pro-slavery party, and made various hostile demonstrations and threats. General
Lane informed some gentlemen that he had counted 250 of his party under arms.
I took my family to St. Joseph, and induced some gentlemen of influence to
accompany me back for the purpose of making peace, and harmonizing the dis-
turbed elements. We came down this evening, and found the excitement greater
than yesterday. The pro-slavery party demanded their arms; the other party
refused to surrender them; finally, by compromise, all the arms in the hands of
both parties belonging to the military company were delivered to the captain of
the company; this has just been done at 8 o'clock to-night.
I have heard from an unquestionable authority that there will be from 300 to
400 of the free-state party here to-night, and that they intend to hang Mr. Boyd,
and rumor goes even so far as to assert that the records of my office will be de-
Under the circumstances, and by the advice of gentlemen of the highest
character, I have deemed it prudent to remove the documents to a place of safety,
beyond the reach of any mob, and to advise you promptly of the state of affairs,
that you, as the highest authority in the territory, may take such action in the
premises as may preserve the quiet of the community, and insure the safety of
the papers and records of the government.
Some of the leaders of the free-state party have said that there would be 10
free-state men to one pro-slavery man here to-night ; but since the surrender of
the muskets there may be no further disturbance — such a result is sincerely to
be hoped; but none of the threats have been as yet withdrawn.
With high consideration, I am yours, truly, J. H. WHITFIELD.
P. S. — July 8, 1857. — I was unable to send this last night ; it was impossible
for me to procure a horse.
This morning everything is quiet, and unless the mass-meeting of free-soilers
held here to-morrow renew the troubles, all may pass off quietly. The difficulty
between Boyd and Mitchell is yet unsettled— a street fight may renew it.
J. H. W.
His Excellency R. J. Walker, Governor of Kansas Territory.
Leavenworth, July 14, 1857.
Sir: I have received authentic intelligence that a dangerous rebellion has oc-
curred in the city of Lawrence, in this territory, involving an open defiance of
the laws and the establishment of an insurgent government in that city.
This movement, if not speedily arrested, I am also assured, will be extended
throughout the territory, and must result in a renewal of civil war.
It becomes, then, my painful duty, under my instructions from the President
of the United States, to request you to furnish a regiment of dragoons, to pro-
ceed at once to the immediate vicinage of Lawrence, to act as a posse comitatus
in aid of the civil authorities in the due execution of the laws, and for the preser-
vation of the public peace. The service of the troops for this purpose will be
discontinued so soon as the public exigency will permit.
Respectfully yours, R. J. WALKER,
Governor of Kansas Territory.
Brevet Brig. -Gen. W. S. Harney, Commanding Troops in Kansas, &c., &c.
Governor WalJccr's Administration. 851
Headquarters Troops serving in Kansas,
Fort Leavenworth, July 15, 1857.
Governor: I have the honor to acknowledge the receipt of your communica-
tion of yesterday's date, requesting a regiment of dragoons to proceed at once to
the immediate vicinage of the city of Lawrence, in this territory, to act as a
"posse comitatus" in aid of the civil authorities in the due execution of the laws,
and for the preservation of the public peace.
In answer, I desire to inform you that I have directed Lieutenant-Colonel
Cooke, of the Second dragoons, to proceed with seven companies of his regiment,
all the disposable force of that arm, to the vicinity of the city of Lawrence, and
to report his force to yourself, as a "posse comitatus," to execute such orders as
you may deem proper to give him in that capacity.
I am, governor, very respectfully, your obedient servant,
WM. S. HARNEY,
Col. Second Dragoons, Brev. Brig.-Gen., Commanding.
To his Excellency R. J. Walker, Governor of Kansas Territory, Leavenworth, K.T.
CHARTER OF THE CITY OF LAWRENCE.
At a meeting of the citizens of Lawrence, held in front of the Morrow House,,
to hear the report of a committee, appointed at a previous meeting, to prepare a
charter for the city of Lawrence, on motion, G. W. Hutchinson was appointed
chairman, and S. N. Wood, secretary.
James Blood, Esq., chairman of the committee, reported a charter, which was
accepted, and the committee discharged. On motion, the report was taken up
in sections, amended, and adopted unanimously. On motion, the meeting then
adjourned. G. W. HUTCHINSON, President.
Attest: S. N. Wood, Secretary.
Be it ordained by the Inhabitants of the Town of Lawrence, 1st. That all that
district of country contained within the following limits, to-wit : Beginning at a
point in the middle of the channel of Kansas river 80 rods west of the northeast
corner of section 31, in township 12, range 20 ; thence due south of the center of
the southeast quarter of said section 31 ; thence due west to the west line of said
section ; thence due north to a point 80 rods north of the northwest corner of said
section 31 ; thence east to the middle of the channel of the Kansas river ; thence
with the middle of the channel of the said river to the place of beginning, shall
be and is hereby erected into a city by the name of the city of Lawrence, and the
inhabitants thereof shall be and are hereby constituted a body politic and cor-
porate, by the name and style of the mayor, aldermen and citizens of the city of
Lawrence, and by that name they and their successors shall be known in law,
•have perpetual succession, sue and be sued, implead and be impleaded, defend
and be defended in all courts of law and equity, and in all action and matters
whatsoever ; may grant, purchase, receive and hold property, real and personal,
within the said city and no other, (burial grounds excepted, ) and may lease, sell
and dispose of the same for the benefit of the city, and may do all other acts as
natural persons ; may have a common seal and break and alter the same at pleas-
2d. The corporate powers and duties of said city shall be vested in a mayor
and board of seven aldermen, who shall be chosen by the qualified electors for
the term of one year, shall be at least 21 years of age, and citizens of this state
d of the United States, or persons who have declared their intention to become
352 Kansas State Historical Society.
citizens of the United States, and inhabitants of the said city 90 days prior to
said election, and all vacancies shall be filled by election as aforesaid in such
manner as shall be provided by ordinance. When the convenience of the inhab-
itants shall require it, the city shall be divided into convenient wards, which
may be altered from time to time and new wards established, and the aldermen
shall be apportioned among the several wards according to the number of qual-
ified electors in each.
3d. The mayor and aldermen shall appoint their clerk and all other officers
within the city which are not ordered by law or ordinance to be otherwise ap-
pointed or elected, and shall judge of the qualifications, elections and returns of
their own members. A majority shall constitute a quorum to do business ; but
a smaller number may adjourn from day to day, and may compel the attendance
of absent members, in such manner and under such penalties as the board may
4th. The stated meetings of the board shall be held on the second Tuesday of
each month, at such place as they may appoint ; but the mayor may call special
meetings by notice to each of the members of said board.
5th. No member of the board shall, during the period for which he was
elected, be appointed. to or competent to hold any office the emoluments of which
• are paid from the city treasury, or be directly or indirectly interested in any con-
tract, work, or business, or the sale of any article, the expense, price or consider-
ation of which is paid from the city treasury, or by any assessment levied by any
act or ordinance of said board ; nor shall any such member be directly or indirectly
interested in the purchase of any real estate or other property belonging to the
corporation, or which shall be sold for taxes or assessments, or become security
for any officer appointed by said board, or for any contractor under the city gov-
6th. When any vacancy shall happen in the office of mayor by death, resigna-
tion, removal, or absence from the city, refusal to qualify, or otherwise, the
aldermen shall elect one of their own number for the time being, who shall exer-
cise the office of mayor until such vacancy shall be filled: and, in case of vacancy,
as aforesaid, other than a temporary absence, the person exercising the office of
mayor shall cause a new election to be held, giving 10 days' notice thereof by
7th. The mayor and board of aldermen shall have power, by ordinance, to
levj' and collect taxes upon real and personal property within the city not ex-
ceeding one-half of 1 per centum upon the assessed valvie thereof, except as here-
inafter excepted ; to make regulations to pre-ent the introduction of contagious
diseases ; to make regulations to secure the general health of the inhabitants : to
prevent and remove nuisances ; to establish night-watches and patrols ; erect
lamps in the streets, and lighting the same ; to provide for licensing, taxing, and
regulating auctions, retailers, ordinaries, and taverns, billiard-tables, hackney
carriages, wagons, carts, drays, pawnbrokers, hawkers, and pedlers, theatrical
and other shows and amusements : to restrain and prohibit tippling-houses,
gaming-houses, bawdy-houses, and other disorderly houses : to establish and
regulate markets ; to establish and repair bridges : to open and keep in repair
streets, avenues, lanes, alleys, drains, and sewers, and keep the same clean ; to
provide the city with water ; to provide for safe-keeping standard weights
and measures for the regulation of weights and measures to be used in
said city : to regulate the cleaning of chimneys and fix the fees therefor ;
to provide for the prevention and extinguishment of fires ; to provide for
the inspection of lumber and other building materials to be sold or used
Governor Wa/Aer's Administration. 353
therein : to regulate and order partition and parapet walls and partition
fences; to regulate the inspection of butter, lard, wood, and the weight and
quality of bread ; the storage of gunpowder, tar, pitch, hemp, and other com-
bustible materials ; to erect pumps in the streets for the convenience of the in-
habitants, and from time to time pass such ordinances to carry into effect this
act, and the powers hereby granted, as the good of the inhabitants may require,
and impose and appropriate fines and forfeitures for the breach of any ordin-
ances, and provide for the collection thereof : Provided, That no tax shall be laid
upon the wearing apparel, or necessary tools or implements of any person used in
carrying on his trade or profession, nor shall the same be subject to distress or
sale for tax.
8th. On the application of the holders of more than one-half of the front of
the lots on any street or part of a street, it shall be lawful for the mayor and
aldermen to levy and collect a special tax on the holders of the lots on said street
or part of a street, according to their respective fronts, for the purpose of paving
or planking such street or part of a street, or for the purpose of paving or plank-
ing the sidewalks of such street or part of a street ; upon a similar application,
t6 levy a tax in the same manner for the purpose of lighting the streets, or erect-
ing lamps therein.
9th. The mayor and aldermen shall have power to regulate, pave and improve
the streets, avenues, lanes and alleys within the limits of the city.
10th. The style of ordinances of the said corporation shall be : " Be it ordained
by the mayor and board of aldermen of the city of Lawrence," and all ordinances
shall, within one month after they are passed, be published in some newspaper
printed in said city.
11th. The corporate board shall appoint a clerk or register of the city, who
shall perform the duties of clerk to the board of aldermen when in session; he
shall keep a book or books wherein shall be entered all the proceedings of the
board, which book or books shall at all proper times be open to the inspection of
the inhabitants of the city, and he shall keep and preserve in his office all records,
public papers and documents belonging to the city, and shall perform such other
duties as shall be enjoined on him by ordinance; he shall hold office for the term
of one year, unless sooner removed.
12th. The mayor and each of the aldermen, and every other officer of the cor-
poration, shall, before entering on the duties of his office, take and subscribe
an oath or affirmation before some judge or justice of the peace, or other jjroper
officer, to support the constitution of the United States, and of this state, and
faithfviUy to discharge the duties of his office.
13th. There shall be elected at each general election three city assessors, a
city treasurer, and one justice of the peace in each ward, who shall, before en-
tering upon the discharge of the duties of their office, take the oath of office by
this act prescribed ; and the city treasurer shall enter into bond with the said
corporation, with sufficient security, the amount to be fixed by the board of
aldermen, to be approved of by the mayor, conditioned for the faithful discharge
of the duties of his office, which bond shall be deposited and recorded in the
14th. At each general election there shall be elected a city marshal, who
shall, before entering upon the discharge of the duties of his office, take the oath
of office by this act prescribed, and enter into bond to the said corporation, with
sufficient sureties, the amount to be fixed by the board of aldermen, to be ap-
proved of by the mayor, conditioned for the faithful discharge of the duties of
his office, which shall be deposited, recorded, and kept on file in the clerk's
354 ICansas State Historical Society.
office ; and said marshal shall possess the same powers, and perform the same
duties within the city, as the constables in the different townships possess in
their respective townships, and shall, moreover, execute and return all process
which may be issued by the mayor or any alderman ; he shall collect all city
taxes, and perform such other duMes as shall be prescribed by ordinance, and
shall be entitled to the same compensations of collectors, sheriffs and constables
in like cases.
15th. A general election for the officers of the corporation shall be held on
the first Monday in March, in each and every year, in such manner as the mayor
and aldermen may by ordinance provide. At all such elections the vote shall be
by ballot, and the judges of such election or any two of them shall make out
and deliver to each person elected a certificate thereof, and the person so elected
shall take and subscribe the oath of office before some judge or justice of the
peace, or other proper person, which, being indorsed on such certificate, shall be
certified by such judge or justice.
The foregoing provisions of this act shall take effect as soon as they shall be
accepted by the inhabitants of said town and not before, in the manner follow-
ing, that is to say :
An election shall be held on the second Wednesday of July instant, at the
office of Ladd & Prentiss, at which place all qualified electors who reside within
the limits prescribed in the first section of this act shall be entitled to vote, and
at the said election the voters shall vote by ballot for or against the city charter,
and if a majority of all the votes given shall be for the city charter, then the
first election for city officers shall be held at the same place on the second Mon-
day in July inst., said election to be held and conducted by A. D. Searl, C. Horns-
by, H. Campbell, as judges. The officers elected at the first election shall con-
tinue in office until the first Monday in May, A. D. 1858, and until their
successors are duly elected and qualified : Provided, That the general assembly
may at any time repeal, alter, amend or modify this act at pleasure.
To the People :
In presenting the accompanying charter, it may not be improper for your
committee to state a few of the reasons which seem to render the organization of
a city government not only proper but imperative.
It will hardly be disputed that the people are the only true and legitimate
fountain of all human government. Political and social rights are not dependent
upon the gift of organizations, but are inherent in the people.
As all governments, whether state or municipal, depend primarily upon the
will of the people, and exist only for their protection and convenience, it follows
that, in the absence of constituted authorities and organized governments, the
people are left to act in their primary and independent capacity, and form a gov-
ernment for themselves.
Such is the condition of the people of Lawrence with reference to their mu-
nicipal affairs. For more than two years we have lived without law. Owing to
the orderly and peace-loving character of our citizens, we have happily been
preserved, so far, from many of the evils which would usually be incident to such
a situation. As our population, however, increases, and the city fills up, the
necessity for some municipal organization is every day becoming more and more
Police regulations are necessary for the preservation of order and peace; sani-
tary measures are essential to the preservation of health; we are unprotected
Governor Walker's Administration. 855
against the ravages of fire; in short, all the varied necessities of a rapidly-growing
city demand a municipal government.
The only point of embarrassment in this movement arises from the unhappy
condition of political affairs in our territory. Under ordinary circumstances, the
more regular method of proceeding would bfe to obtain a charter from the terri-
torial authorities. As the territorial government, however, in no sense represents
the people of Kansas, was not elected by them, and can have no right to legislate
for them, we cannot accept of a charter at its hands; and as the state government
has not as yet deemed it advisabb to proceed to the organization of local and mu-
nicipal governments, we cannot obtain a charter from it. There is, therefore,
left us only the alternative of a charter springing directly from the people, or a
continuance in our present unorganized condition.
Under these circumstances, you have seen fit to instruct us to present a char-
ter, have discussed its provisions in a preliminary assemblage, and now propose
to submit it to a full vote of the people for approval or rejection.
In the event of its adoption, it is believed that the beneficial effects of a city
government will be so apparent to all, that no good citizen will feel inclined to
dispute its authority or resist its claims. As its action will be purely local, and
have reference merely to our own internal affairs, no collision is apprehended
with any other organization claiming to exercise general jurisdiction in the ter-
ritory. J. BLOOD.
Col. S. W. ELDRIDGE.
G. W. HUTCHINSON.
TO THE PEOPLE OF LAWRENCE.- PROCLAMATION.
Leavenworth, July 15, 1857.
I have learned that a considerable number of citizens of Lawrence, in this
territory, have adopted, as they claim, by a popular vote, a charter for their
local government. A copy of that charter has been placed in my hands : upon
comparing which with that granted by the territorial legislature last winter, I
find that they differ intentionally in many essential particulars. The new
charter, then, is set up, not only without any authority of law, but in direct and
open defiance of an act of the territorial legislature on the same subject.
On this point your committee, whose views have been adopted by you, make
the following statement :
" Under ordinary circumstances, the more regular method of proceeding would
be to obtain a charter from the territorial authorities. As the territorial govern-
ment, however, in no sense represents the people of Kansas, was not elected by
them, and can have no right to legislate for them, we cannot accept of a charter
at its hands ; and as the state government has not as yet deemed it advisable to
proceed to the organization of local and municipal governments, we cannot ob-
tain a charter from it. There is, therefore, left us only the alternative of a
charter springing directly from the people, or a continuance of our present un-
" Under these circumstances, you have seen fit to instruct us to present a
charter, having discussed its provisions in a preliminary assemblage, and now
propose to submit it to a full vote of the people for approval or rejection."
It will be perceived that the authority of the territorial government is here
distinctly denied, and whilst that of the so-called state government is acknowl-