men charged with only manslaughter, even before any thing like a proper investigation of the matter took place, and would not entertain any evidence that would palliate their conduct.

The Governor was determined not to be baffled. He immediately issued an order to the Marshal requiring him to re-arrest Hays and to hold him until discharged by a Jury. This order was obeyed and the murderer again placed in safe custody. But before Governor Geary, who happened to be absent a few days, returned to Lecompton, the Chief Justice caused the prisoner to be brought before him on a writ of habeas corpus, and discharged him. Governor Geary pursued the matter no further, but attempted in vain to effect the removal of the Chief Justice.

As Judge Lecompte presided over the most populous district and became somewhat noted during the Territorial troubles, a short account of his life and character is here given.

Samuel Dexter Lecompte was born in Dorchester County, Maryland, December 13, 1814. At the age of sixteen he entered Kenyan College, Ohio, where he remained two years. Thence he went to Jefferson College, Pennsylvania, and graduated in 1834 with honor. He was diligent in school and enjoyed the respect and confidence of his instructors. At a contest exhibition between two literary societies, he represented one as debator and was awarded the honor by a committee of gentlemen selected for that purpose.

Leaving his alma mater, he entered the law office of Henry Page, a distinguished lawyer of Maryland. In 1837 he commenced practice in Carrol county, of his native State, and in 1840 was elected to the Legislature. In 1843, he returned to Dorchester county, Maryland, and continued the practice of his profession. He was a candidate for elector for General Cass, and also a candidate for Congress in 1850; but he, being a Democrat, and his district largely Whig, was defeated. Having removed to Baltimore city in

1854, he was soon afterwards appointed Chief Justice of the Supreme Court of Kansas Territory.

He is a man of some ability, and possessed the mental qualifications to have performed the functions of his office with credit. He is not the hard-hearted monster that he was sometimes represented to be, who placed no value on human life, nor had any respect for the right of property; on the other hand, he possessed tender and sympathetic feelings, and has ever been regarded, by those who knew him best, as an inoffensive and peaceable man. He frequently interposed to prevent the destruction of lite and property. On two different occasions he was thought to have saved the lives of Governors Robinson and Geary.

But blindly devoted to party, and intensely pro-slavery in principle and policy, he was utterly disqualified for the impartial discharge of his duties. Like other men of respectability and talent, whose conduct during the troubles in Kansas stands out as anomalies in their lives, Judge Lecompte prostituted himself and his office to the interests of slavery; the blood of free state men, the tears and wails of widows and orphans over the pallid form of a murdered husband and father, the sufferings and privations occcasioned by the destruction of property, cried aloud unto him in vain for redress. It seemed that pro-slavery men of the highest grade and type lost sight of their manhood, and all he edvils of pandemonium took possession of them, goading them on to deeds of violence and bloodshed, or induced a tacit sanction of them.

The Judge said to the writer, not long since, that "he claimed to have discharged his duty with the most perfect impartiality, and to have been entirely free, in the performance of his duty, from partiality and prejudice. He knows that he never designedly departed from this path, and does not believe he ever did so undesignedly. He simply performed his duties of administering and expounding the laws. as they were." "I am satisfied that on more than one occas

ion I saved the lives of men who are now living, to say

nothing of property.

Judge Lecompte, after his removal in the spring of 1857, retired to his little farm not far from Leavenworth, where he has ever since continued the peaceful pursuit of agriculture. He is not wealthy, as he has been represented, but possesses only a comfortable share of this world's goods. Since the troubles of the Territory are over, he has enjoyed the respect and esteem of all his neighbors and acquaintances. He was elected a member of the State Legislature in 1866 and took an honorable part in the deliberations of that body.

When the Governor arrived at Lecompton in company with Judge Cato, he met Judge Lecompte, who had come at the request which Mr. Geary had previously sent him. Governor Geary sought to impress the Judges with the importance of holding regular terms of court, of laboring to bring criminals to justice. At this time persons from all parts of the Territory were constantly appearing before the Governor, with complaints of wrongs that they had suffered. It was clearly the duty of the Judges to hear these complaints and provide for the redress of their grievances. The next day the Governor went to Topeka with some United States troops to make arrests. During his absence, Lecompte, instead of examining the hundred and one free state prisoners there in custody, left the town, with directions to have them conveyed to Leavenworth in three weeks, to undergo preliminary examination. His excuse for so

doing, as afterwards given, was that in consequence of the excitement then prevailing in Lecompton, all the "law and order" men had left, so that it was impossible to procure a competent jury. The Governor wrote to Judge Cato to get him to come and examine the prisoners, which he finally did, as has been before narrated. Governor Geary then addressed notes to all the Territorial officers relative to what they had done, remarking that much complaint had come

to his ears of alleged neglect of duty on their parts. This communication called forth wordy and pithy replies from these officials, denying his right to question them in regard to the performance of their duty, but showing that they had done little or nothing in the strict requirements of their office.

The Governor labored very diligently to restore order and quiet in the Territory, and to stimulate the officers to the discharge of their duties. But the Marshal improved his opportunity in making requisitions upon the Governor for troops, with which to arrest free state men, while at the same time he disregarded warrants which he held against pro-slavery men. His deputies, (for he seldom went himself,) at the head of the United States troops, would enter towns, and under color of authority, commit offenses against the decency and quiet of the citizens more reprehensible than that of those for whom they were in search. The Governor finally declined to make any such requisitions, as peace was restored and no more opposition to the execution of the law offered. The people, therefore, to their joy and satisfaction, were rid of the annoyance occasioned by Deputy Marshals and Sheriff's trooping over the country with a squad of dragoons at their heels to defend them in their insolence and outrage.

CHAPTER XXXVIII.

LANE'S NORTHERN ARMY.

When it was announced in the free States that the Missourians had forbidden the passage of emigrants to Kansas, and had driven many back, those desiring to come to the Territory set out by the way of Iowa and Nebraska. Accordingly, about the latter part of May, companies of emigrants began to move towards the south-western corner of Iowa. By the 1st of August there were congregated in the neighborhood of Nebraska City, preparatory to entering Kansas, five hundred persons and sixty wagons. These were truly emigrants, who had, without any preconcerted action, from their common destination and purpose, met at a point in their journey where dangers and trials became common. It is true, the advanced portion of the party, on learning that others were coming, halted until the latter arrived, that they might have a larger force to open the road and repel any aggressions.

These emigrants came here to settle and make themselves homes. They were not an organized army, as was represented, coming here purposely to fight, but were mechanics, farmers, artisans, and some professional men, who came to follow their vocations. They had agricultural and mechanical implements, stock, and those things emigrants generally convey to a new country. They had from common purpose, destination and interest, congregated as peaceful emigrants.