said Charles Hays having been discharged upon bail, as I consider in violation of law, and greatly to the endangering of the peace of this territory:
"This is therefore to authorize and command you to reärrest the said Charles Hays, if he be found within the limits of this territory, and safely to keep him until he is duly discharged by a jury of his country, according to law.
"Given under my hand and seal, at the city of Lecompton, the day and year first above written."
"Governor of Kansas Territory."
This warrant was handed to Marshal Donelson, who, however, declined to execute it, saying he would take time to consider the matter. The governor made out a duplicate warrant, and placed it in the hands of Col. Titus, with orders to take a file of men and execute it without delay. The murderer was promptly reärrested, and remained in the custody of Col. Titus, until, during the absence of the governor from the city, he was again discharged by Judge Lecompte on a writ of habeas corpus, as shown in the subjoined letter of Col. Titus:
"His Excellency, John W. Geary,
"Governor of Kansas Territory:
"Sir: I have the honor to state that during your recent absence from this place, a writ of habeas corpus, issued by Chief Justice Lecompte, was served upon me, by which I was commanded to produce the body of Charles Hays before him, with the cause of his detainer:
"That in obedience to the writ, I caused the body of Hays to be produced before Judge Lecompte, and returned as cause of his detention the finding by the grand jury of a true bill of indictment against him for murder in the first degree, committed upon the person of one David C. Buffum, together with your warrant, commanding the rearrest of said Hays and his detention until his discharge by a jury of his country according to law.
"I have further to state that Judge Lecompte discharged the said Hays from my custody notwithstanding my return, and that he is now at large. I have the honor to remain your obedient servant,
The governor did not attempt to interfere with the writ of habeas corpus, but forwarded to the president and secretary his executive minutes, containing a history of the circumstances, and showing the necessity of a less partial judiciary in order to preserve the peace of the territory. Judge Lecompte also wrote a letter to Washington. The following correspondence ensued between the secretary of state and the governor:
| "Department of State, | |
| "Washington, 4th February, 1857. |
"To John W. Geary, Esq., Governor of Kansas, Lecompton:
"Sir: The original letter of which the inclosed is a copy, was brought to the notice of the president, a few days since, by Hon. James A. Pearce, of the
