for the present. For the balance there is very little sympathy anywhere, and
it will be a popular act to wipe them all out.
I feel a deep and melancholy sympathy for the suffering people in that
region, covering a space of country road nearly 50 miles in diameter. The
United States marshal has not a cent of money, and his posse are out every
day and night, with scarcely the means of subsisting from one meal to
another. They write a most gloomy picture in this behalf, and I fear they
will actually suffer. They so write. I hope I may hear in a day or two a
more cheerful account. When supplied with arms, they can extend their
range and obtain supplies, perhaps, on credit.
With very great respect, S. MBDARY.
Executive Office, Kansas Territory, January 25, 1859.
His excellency James Buchanan:
Sirâ€” I herewith transmit joint resolutions passed by the legislative
assembly of this territory, asking the annexation of that part of Nebraska
territory lying south of the Platte river. Very respectfully,
COUNCIL BILL NO. 2.
Whereas, The act organizing the territories of Nebraska and Kansas, ap-
proved May 30, A. D. 1854, describes the boundary of Kansas as follows, to wit :
Governor Medarp's Administration. fiOl
"That all that part of the territory of the United States included within the fol-
lowing limits, except such portions thereof as are hereinafter expressly exempted
from the operations of this act, to wit : Beginning at a point on the western
boundary of the state of Missouri, where the thirty-seventh parallel of north
latitude crosses the same ; thence west on said parallel to the eastern boundary
of New Mexico ; thence north on said boundary to latitude 38 ; thence, following
said boundary, to the territory of Utah, on the summit of the Rocky mountains ;
thence northward on said summit to the fortieth parallel of latitude ; thence east
on said parallel to the western boundary of the state of Missouri ; thence south
with the western boundary of said state to the place of beginning, be and the
same is hereby erected into a temporary government, by the name of the terri-
tory of Kansas ; and
Whereas, The Platte river, in the territory of Nebraska, is the natural bound-
ary between the territories of Kansas and Nebraska, and, in the opinion of this
legislative assembly, should, at the time of the organization of said territories,
have been adopted as the northern boundary of Kansas; and
Whereas, The true interests of the aforesaid territories of Kansas and Ne-
braska, and the welfare and prosperity of the inhabitants thereof, would be best
promoted by the establishment of the said Platte river as the boundary between
the aforesaid territories of Kansas and Nebraska; and
Whereas, It is well ascertained from reliable information that such change of
boundary would meet with cordial approval of a large majority of inhabitants
resident upon that portion of Nebraska in question, situated between the Platte
river and the northern boundary of Kansas: therefore,
Resolved, By the governor and legislative assembly of the territory of Kansas,
as follows, to wit : That the Congress of the United States be and is hereby re-
spectfully but earnestly requested to attach that portion of Nebraska lying and
being situate south of the Platte river to the territory of Kansas, and that the
said Platte river be constituted the boundary line between the aforesaid territo-
ries of Kansas and Nebraska.
Resolved, That the governor be and is hereby requested to forward a copy of
the foregoing preamble and resolutions to the President of the United States,
the Congress of the United States, to the governor of the territory of Nebraska,
and to the delegates in Congress from Kansas and Nebraska, requesting early
attention thereto. (Signed) A. LARZELERE,
Speaker of the House of Representatives.
(Signed) C. W. BABCOCK,
Approved January 25, 1859: President of the Council.
(Signed) S. MEDARY.
I, Hugh S. Walsh, secretary of Kansas territory, do hereby certify that the
foregoing is a true and correct copy of the original on file in my office. In testi-
mony whereof, I have hereunto signed my name, at the city of Lawrence, the
25th day of January, 1859. HUGH S. WALSH.
Executive Office, Lawrence, K. T., January 31, 1859.
Col. E. V. Sumner, Commandant Fort Leavenworth : You will furnish Dep-
uty Marshal Colby, the bearer of this, with such military forces as he may think
necessary to secure Captain Brown, who is now in Calhoun county, Kansas ter-
ritory, on his way to Nebraska and Iowa.
Very respectfully, S. MEDARY, Governor Kansas Territory.
602 Kansas State Historical Society.
Executive Office, Lawrence, K. T., January 31, 1859.
His excellency James Buchanan, President of the United States :
Sir â€” Mr. Colby returned last night from Linn county with a prisoner by the
name of Fairbanks, to be tried here before Judge Elmore, whose court is now in
session. This court was established by the territorial legislature two weeks since,
for the express purpose of trying these criminals when arrested.
The arms forwarded to Tipton have been greatly delayed in consequence of
the roads, but arrived at Paris, in Linn county, last week. They were in charge
of Captain Weaver, who it is my melancholy task to say accidentally shot him-
self when near the Missouri line, in attempting to draw a gun from the wagon
which was loaded. He was instantly killed. Being one of our most trusty and
valuable citizens his loss is greatly deplored.
During the past week nothing worthy of much note has occurred in that
region. Marshal Fain left his posse in the hands of some four or five deputies,
without any head or director, and Mr. Colby found great confusion amongst
them, as well as some bad feeling. I therefore telegraphed you this morning by
way of Leavenworth, to say that Mr. C's commission had been made out, so
that he could take immediate possession of the posse, dismiss the misbehaving
deputies, and restore discipline. All the necessary arrests should be made at
once, and the enormovis expense to the government cease. If discipline is not
promptly restored among these several posses, we shall have, in less than 10
days, more serious evils in that region than we have yet seen, growing out of the
misconduct of our own men. This is why I telegraphed you to have Colby ap-
pointed at once.
Old Brown has been discovered on his way out of the territory with some
dozen negroes, and an effort is making to arrest him. He is about 75 miles north
of this place, going towards Nebraska and Iowa, intending, it is said, to go to
Canada. With very great respect, your obedient servant, S. MEDARY.
Executive Office, Lawrence, K. T., February 2, 1859.
His Excellency James Buchanan, President of the United States:
Sir â€” Captain Montgomery came in this evening with six of his men, some of
them the worst of the lot, and will give them up to-morrow to be tried before
Judge Elmore's court. From this I think we may safely conclude that the worst is
over and peace will soon be generally restored. I hope Mr. Colby has been commis-
sioned marshal, that he may go down into the infected district and dismiss all
the posses not actually wanted. They are doing no service â€” at least, so many of
them at this time. The attempt to arrest old Brown and the negroes with him
on their way to Canada has produced some excitement, but I think it will soon
be over. He was overtaken at Holton, in Calhoun county, K. T. Mr. Colby im-
mediately went up there, and will, I hope, be able to prevent bloodshed between
the factions gathering around him and bring him back for trial.
Very respectfully, S. MEDARY.
February 7. â€” Requisition made this day upon the governor of Illinois for the
person of Geo. Thorn, late of Johnson county, wherein he, Geo. Thorn, stands
charged with grand larceny. Requisition issued this day upon the governor of
Missouri for the person of William L. Fleming, late of Douglas county, wherein
the said Fleming stands charged with arson.
Governor Medary's Administration. 603
Lawrence, K. T., February 10, 1859.
To his excellency Samuel Medary, Governor K. T.:
Sir â€” In compliance with your request, I have made an estimate of the probable
expense of the special court now in session in this city, and, from the best state-
ment I am able to obtain, I am of the opinion that the sum of ten thousand
dollars ($10,000) should be appropriated, to be used if requested in carrying out
the provisions of the act under which this court is held. Of course this estimate
is only approximate, as no basis could be found arriving with certainty at the
various expenses which may be incurred. I should add that I have consulted
fully with his honor Judge Elmore in making the estimate, and that he concurs
entirely with me in recommending the appropriation which I have mentioned.
Very respectfully, your obedient servant, ALSON C. DAVIS,
Prosecuting Attorney for the Special Court,
Executive Office, K. T., February 10, 1859.
To the Council and House of Representatives :
I herewith transmit a communication from the grand jury, now sitting in this
city, in compliance with an act passed at the present session of the legislature, to
try certain criminal cases, and also a statement from the district attorney, both
of which I recommend to your immediate attention. The importance of provid-
ing means to pay the expenses of this court, in the success of which every citizen
in the territory desiring peace and quiet is more or less interested, cannot be too
highly estimated. Its failure for the want of the necessary means to continue its
existence would be a calamity no one will be wiUing to bring upon the people.
Very respectfully, S. MEDARY.
COMMUNICATION FROM GRAND JURY.
To the Honorable the Governor and the Legislative Assembly of the Territory
of Kansas :
Your petitioners, grand jurors, assembled under the provisions of a territorial
law, approved January 39 , 1859, would respectfully represent that [they]
have been summoned from all parts of the territory for the purpose of investiga-
ting and suppressing disturbances which were affecting the good name and well-
being of the entire territory. They would further represent, that the provisions
of the act under which they have been called together, in throwing the costs of
this court upon a few counties, is, in their opinion, exceedingly unjust to the
people of these counties. They would therefore respectfully, but earnestly, urge
that an act supplemental to said act be passed, providing for the payment of the
expenses of this court out of the territorial treasury. They deem such an act just
in itself, and absolutely essential to the accomplishment of the end aimed at in the
(Signed.) Perry Fuller, Richard Scouton, Paul H. Berkaw, George W. Cos-
ley, Asaph A. Faxon, Henry L. Baldwin, James A. Finley, Reuben W. Eddy,
James Leiby, Martin Davenport, Newman C. Blood, George W. Hunt, Thaddeus
T. Whitney, Isaac N. Roberts, Thomas McGage, Jacob A. Marcell, D. W. Huston,
William Lessee, James Campbell.
[C. J., February 9, 1859, p. .304.]
To the People of Kansas :
In compliance with the following resolution of the legislative assembly of the
Territory of Kansas, passed February 11, 1859, to wit :
Resolved, by the Council and House of Representatives of Kansas Territory â€”
604 Kansas State Historical Society.
Section 1. That the governor of this territory be requested to issue his proc-
lamation to the people of this territory, publishing the act this day passed to
provide for the peace of Kansas.
Sec. 2. That his excellency be requested to cause his proclamation to be pub-
lished in every paper in this territory.
I, Samuel Medary, governor of Kansas territory, do hereby proclaim to the
people of the territory the act entitled "An act to establish peace in Kansas."
Be it enacted by the Governor and Legislative Assembly of the Territory of
Section 1. That no criminal offense, heretofore committed in the counties of
Lykins, Linn, Bourbon, McGee, Allen, and Anderson, growing out of any politi-
cal differences of opinion, shall be subject to any prosecution on any complaint
or indictment, in any court whatever, in this territory.
Sec. 2. That all criminal actions now commenced, growing out of political
differences of opinion, shall be dismissed.
Sec. 3. This act to take effect and be in force from and after its passage.
Speaker of House of Representatives.
C. W. BABCOCK,
President of the Council.
Approved February 11, 1859 : S. MEDARY.
While this is an act of amnesty for the past, it is intended to secure the more
certain punishment of crime for the future. Given under my hand, this 12th
day of February, 1859. S. MEDARY, Governor of Kansas Territory.
['â€¢Herald of Freedom," February 19, 1859.]
Leavenworth, K. T., April 2, 1859.
Sir â€” Please find herewith my official oath as chief justice of the supreme
court for the territory of Kansas.
The law requires that it shall by you be recorded among the executive pro-
ceedings of the territory. Your obedient servant, JOHN PETTIT.
Hon. H. S. Walsh, Secretary Kansas Territory, Lecompton, K. T.
Territory of Kansas, Leavenworth county, ss.
I, John Pettit, do solemnly swear that I will support the constitution of the
United States and faithfully discharge the duties of chief justice of the supreme
court for said territory. So help me God. JOHN PETTIT.
I, Samuel D. Lecompte, chief justice of said territory, do certify that the
above official oath was administered by me to the said John Pettit and by him
taken, on this 2d day of April, 1859. ' SAMUEL D. LECOMPTE,
Chief Justice Supreme Court, etc., Territory of Kansas.
Executive Department, Jefferson City, Mo., April 8, 1859.
His excellency S. Medary, Governor of Kansas:
Dear Sir â€” Having received information that citizens within the territory of
Kansas are again organizing with the apparent object and the express intention
of making marauding incursions into Missouri, I have ordered Adjt.-Gen. G. A.
Parsons to the border â€” Cass, Bates, and Vernon counties â€” with instructions,
"there to make such provision for repelling agression upon our soil and the right
of the citizens of this state, after ascertaining the present and probable dangers
to be apprehended, as you (he) may deem necessary, by causing military compa-
Governor Medari/s Administration. 605
nies to be organized and armed to the extent that arms are available, and by such
other precautionary measures as the exigencies of the case demand. And as far
as practical in your (his) efforts or measures for the protection of the border, and
in the accomplishment of the objects contemplated by the act of the general as-
sembly, approved February 24, 1859, hereto (thereto) annexed, you (he) will seek
the cooperation of the authorities of Kansas territory in accordance with the sec-
ond section of said act."
The section referred to simply intrusts the governor "with discretionary power
to use and apply said sum ($30,000) appropriated for the protection of persons
and property on the western border of this state, in raising a sufficient force to
Ijrotect the border in such manner as he and the authorities of Kansas territory
may deem best."
General Parsons was further instructed as follows: " You will also be careful
to instruct all those having command of any force organized for the objects
named not to permit any aggressive act to be done by such force which may
justly tend to engender strife between the citizens of Kansas and of this state."
Hoping that he may enjoy the confidence and cooperation of yourself and the
authorities in Kansas to the extent that any measures for the preservation of or-
der are necessary, I subscribe myself, very truly yours, R. M. STEWART.
Executive Office, Lecompton, K. T., April 14, 1859.
His Excellency R. M. Stewart, Governor of Missouri :
Dear Sir â€” Yours of the 8th inst. was received last night. As I had informa-
tion up to the latest date from the counties in Kansas bordering upon Missouri,
I was surprised at the tenor of your letter. I cannot think it possible that any
such organization exists this side the line, as you seem to think from informa-
tion communicated to you. I shall, however, institute immediate inquiry into
the matter, and, if any such organization does exist, it shall be dealt with in a
summary manner. I cannot too highly appreciate your prudential course and
prompt action ; and shall always be happy to unite with you in preserving order
on the line, and in preserving also the lives and property of our citizens.
Very respectfully, your obedient servant, S. MEDARY.
Executive Office, Lecompton, K. T., April 13, 1859.
Hon. Lewis Case, Secretary of State :
Sir â€” I find the following paragraph published in the Kansas papers purport-
ing to have been taken from the Washington "Union." It is as follows : "From
present indications, it is fair to presume that by the 1st of August there will be
at least 100,000 persons within the proposed limits of the territory of Jefferson.
Practically they will have no legitimate government, and they must have one or
anarchy will ensue. What better remedy can be proposed than a spontaneous
state government, after the fashion of the peaceful example of California ? The
population will be sufficient, and the republicans cannot with consistency oppose
their admission after their late zealous advocacy of the admission of Kansas
under the Topeka constitution."
As there is evidently a movement on foot in this territory, by men claiming to
be leading supporters of the administration, advocating such a proceeding as is
here indicated, this article, said to come from the government organ, greatly
strengthens their forces.
As the territory here alluded to includes a large portion of Kansas, where
counties are laid out and organizing, such a proceeding must necessarily lead to
Kansas State Historical Society.
new troubles and outbreaks in this territory. I cannot believe that the govern-
ment in Washington would for a moment countenance such a proceeding, much
less encourage it.
I therefore call your early attention to the matter, that the government may
relieve itself from unfounded imputations that professed friends would cast upon
it. Very respectfully, S. MEDARY.
[Copy sent to Miss Constantine Debraux, April 27, 1859.]
Executive Office, Lecompton, K. T., April 16, 1859.
Hon. Lewis Cass, Secretary of State:
Sir â€” I inclose you the reply of Mr. Crawford, of Fort Scott, to the inquiries
you forwarded me in relation to the death of Mr. Denton or M. Debraux.
Mr. Crawford is an old citizen of Fort Scott, and well acquainted with the
people of that portion of Kansas territory, and his statement can be implicitly
relied upon. Very respectfully, S. MEDARY.
Fort Scott, April 16, 1859.
His excellency Governor Medary :
Sir â€” Your letter of inquiry, together with a note from the state department
and a copy of a letter from M. Debraux, of France, to the President of the
United States, concerning the killing of M. Denton, near this place, has been re-
In reply I have to say, that I knew Mr. Denton personally, and that his ap-
pearance did not answer the description given by Mile. Debraux of her brother.
The gentleman killed near Fort Scott was Mr. Isaac Denton. He was a native
of the state of Georgia; was a soldier in the Mexican war, and had resided in
this territory for about two years. He was illiterate; of medium height, or
rather below it; was thick set, and upwards of 50 years of age. He had children
grown, some of whom are now married. One of them fought against the free-
state party in 1856, and the old gentleman was a pro-slavery man when he first
came to this territory.
You will readily see that Mr. Isaac Denton could not have been the brother of
I know of no gentleman of the name of Debraux, and none of that name have
ever been killed in this vicinity, that I have ever heard of.
Very respectfully, your obedient servant, GEORGE A, CRAWFORD .
Indorsement. â€” The President refers letter of Constantine Debraux, Contris-
son, France, February 2d, 1859, asking information to the killing, in Fort Scott,
Kas., of her brother, Denton "Alexandre Debraux," called "Denton." â€” P. 66,
March 5, 1859.â€” Adjt.-Gen. refers record March 7, 1859, "Denton Alexandre De-
braux" or "Denton." The records of this office have been examined, and
neither of the above names found. A. G. O. Res. submitted, S. Cooper, A. G.,
War Dept. Ans'd March 21, 1859. If any description of this man, his company,
regiment, etc., could be furnished, he may possibly be found under an assumed
name, as the records of this department contain nothing on the subject. This
communication is respectfully referred to the state department, which may per-
haps be able to afford the writer some more satisfactory reply to her inquiry.
[ Translation. ]
To t^e President of the United States of America :
Mr. President â€” I address your excellency with honor and respect, requesting
you, for mercy's sake, to have compassion on my troubles, and supplicating you
Governor Mcdari/s Administration. 607
to intervene in order to extricate me from the difficulties which I have for a long
while experienced in regard to a crime which was committed on the 27th of March
last, at midnight, in the abode of three partisans of free labor at Fort Scott
( Kansas ). I believe that the country is in some manner dependent on your states,
and under your presidency. This murder w^as committed on a man named Den-
ton, one of the leaders of that party. I think I may affirm that that Denton is
my brother, he having departed for Kansas in 1857 to join the party who were
struggling for the independence of that country. Since the newspapers made
knovrn to me these crimes, I have not ceased to send forth petitions in all direc-
tions ki your states, in order to obtain thereby certain and reliable information ;
but up to this time all my efforts and researches have been fruitless.
I no longer receive anj^ news from my poor, unfortunate brother, since that
cruel assassination. I no longer know what course to adopt nor to whom to
address myself, in order that I may be able to obtain positive information in re-
gard to that hateful crime. In the last resort I have decided to send to your
excellency a petition, with a view of obtaining from your kindness knowledge
respecting the assassination of Denton. On my knees I request and entreat yovi;
you alone can grant it, if it pleases your good will. I should be happy, notwith-
standing this misfortune, at being able to obtain a certificate of the record of
his death, or, it matters not, any other legal document proving that Denton was
a Frenchman, and that he answered to the description I am about to give.
These documents may be necessary for me, and may protect me from incon-
veniences which are possible to arise in our family affairs that are not settled
Denton Alexandre Debraux, my brother, whom I claim was born a French-
man, at Contrisson, department de la Meuse, near Bar-le-duc. His vulgar name
of Denton, not having been declared at our mayor's office, does not appear in his
passport ; in it his name is only written Alexandre Debraux ; he is known by the
name of Denton. The shape of his body was slender ; his stature was over the
medium height ; his carriage erect : his step bold ; his countenance was expres-
sive, of oval form, and his features regular : hair auburn : his eyes bluish, w4th
a lively and penetrating look. His upper lip and the end of his chin were
habitually covered with beard of auburn color.
Mr. President, I venture to hope that, in the name of humanity, you will wish
to be successful in your efforts to obtain for me reliable information in regard to
Denton who was assassinated at Fort Scott, Kas. It is the greatest act of
charity that you could do to a French family, who on this account will be
entirely devoted and grateful to you and will bless your name.
I terminate my letter by offering to you all the respect and honor of which I
am capable, being your very humble and very obedient servant,
Contrisson, department de la Meuse, France, this 2d day of February, of the
year of our era 1859.
Delaware Agency, June 3, 1859.
Hon. S. Medary, Governor of the Territory of Kansas, Lecompton, K. T.:
Sir â€” Having a large amount of money to carry from Leavenworth city to the
Delaware agency, and then in behalf of the government to pay to the Delaware