says Dr. Gihon, "the pretended merit of this scheme will disappear as soon aa it is understood that slavery already exists in the territory by statute; and although no mention of it be made in the constitution, it will still remain an established institution of the new state." The legislative assembly adjourned on the 21st of February.
During the sitting of this legislature, there were so many disturbances of the public peace in Lecompton, that the peaceful citizens called upon the governor to send for a detachment of the United States troops to protect them. A messenger was accordingly dispatched to Fort Leavenworth with the following requisition:
| "Executive Department, Kansas Territory, | |
| "February 9, 1857. |
"Major-General Persifer F. Smith,
"Commanding Department of the West:
"Dear Sir: There are certain persons present in Lecompton, who are determined, if within the bounds of possibility, to bring about a breach of the peace. During the last few days, a number of persons have been grossly insulted; and to-day an insult has been offered to myself. A person named Sherrard, who some days ago had been appointed sheriff of Douglas county, which appointment was strongly protested against by a respectable number of the citizens of the county, and I had deferred commissioning him. This, it appears, gave mortal offense to Sherrard, and he has made up his mind to assassinate me. This may lead to trouble. It must be prevented, and that by immediate action. I require, therefore, two additional companies of dragoons to report to me with the least possible delay. I think this is absolutely necessary, and I trust you will immediately comply with my request. I write in great haste, as the messenger is about leaving.
"I wish you would keep an eye upon Leavenworth City, as I hear of troublesome indications there. I am confident that there is a conspiracy on foot to disturb the peace, and various pretexts will be, and have been used to accomplish this fell purpose.
"I am perfectly cool, and intend to keep so; but I am also more vigilant than ever. Very truly, your friend,
Much to the astonishment of the governor, Gen. Smith refused to comply with this requisition, partly on the ground that "probable breaches of the peace did not authorize the employment of troops," and partly, that the forces under his command had "just been designated by the secretary of war for other service."
When Gov. Geary was sent to Kansas, he was authorized to use the regular forces "at his discretion" to "preserve the peace," and be governed by "the exigencies of affairs as they should be presented to him on the spot."
Previous to this, the governor had applied to the department at Washington for a draft of two thousand dollars to meet the contingent expenses of the
