in and for the county of Douglas, in the territory of Kansas, beg leave to report to the honorable court that, from evidence laid before them, showing that the newspaper known as The Herald of Freedom, published at the town of Lawrence, has from time to time issued publications of the most inflammatory and seditious character, denying the legality of the territorial authorities, addressing and commanding forcible resistance to the same, demoralizing the popular mind, and rendering life and property unsafe, even to the extent of advising assassination as a last resort:
"Also, that the paper known as The Kansas Free State has been similarly engaged, and has recently reported the resolutions of a public meeting in Johnson county, in this territory, in which resistance to the territorial laws, even unto blood, has been agreed upon; and that we respectfully recommend their abatement as a nuisance. Also, that we are satisfied that the building known as the 'Free State Hotel,' in Lawrence, has been constructed with the view to military occupation and defense, regularly parapeted and port-holed for the use of cannon and small arms, and could only have been designed as a stronghold of resistance to law, thereby endangering the public safaty, and encouraging rebellion and sedition in this country; and respectfully recommend that steps may be taken whereby this nuisance may be removed.
"Owen C. Stewart, Foreman."
In order to accomplish the objects of this presentment, a number of writs were-made out and placed in the hands of the marshal for the arrest of prominent citizens of that place. Although it is asserted that no attempts were made to resist the marshal's deputies in serving these writs, the marshal, on the 11th of May, issued the following proclamation:
"To the People oe Kansas Territory:
"Whereas, certain judicial writs of arrest have been directed to me by the first district court of the United States, etc., to be executed within the county of Douglas; and whereas, an attempt to execute them by the United States deputy marshal was evidently resisted by a large number of the citizens of Lawrence, and as there is every reason to believe that any attempt to execute these writs will be resisted by a large body of armed men; now, therefore, the law-abiding citizens of the territory are commanded to be and appear at Lecompton, as soon as practicable, and in numbers sufficient for the execution of the law.
"Given under my hand, this 11th day of May, 1856.
"I B. Donalson,
"United States Marshal for Kansas Territory."
Previous to the publication of this proclamation, Buford's Alabama, South Carolina, and Georgia regiment, and other armed bands, had taken up positions in the vicinity of Lawrence, who were not only committing depredations upon the property of the settlers, but were intercepting, robbing, and imprisoning travelers on the public thoroughfares, and threatening to attack the town, in consequence of which a meeting was held, and a committee appointed
