The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-09

bodies coming into the Territory OF Kansas either from
may be their protested objects has been received aud
submitted 10 the Secretary OF War BY whom am di.
rected to say in reply that the question where the
men may come from, or whether armed armed, Is
not one for the inquiry consideration Of the
ohcsr only when an armed resistance is offered to
me laws and against the peace and quiet OF the Territory
and when, under such circumstances a requson for
military force Is made upon the commanding officer by
the authority specified in his Instructions that he is EN-
powered 70 act an sir, ve'y respectfully, your ODE
dent servant, S. COOPER, Adjutant General.
eoi; T. v SUMMER, First cavalry, commanding, SC,
Fort Leavenworth, X. T. .t
HEApQrARrERs FIRST CAVALRY, ! .
FoRT IEAvExwoRTH May IL, 1855. + .
CotoNH-I have Just returned from Lecompton Great
excitement Is prevailing in the country az this moment in
consequence OF the Marshal and sheriff summonng large
posses without reference TO the governor they say to
maintain the law said to the Governor officially that
would arrest and hold subject to the orders Of the civil
authorities any in the Territory against whom wrts
were issued and further that order to preserve the
peace Of tie country. would place my entire regiment
Immediately at any point he might designate.
The governor is evidently desirous OF awaiting himself
ne b 5egu o As as 0n m o. cry
sponsibiy Of controlling them under civil officers by
taking upon himself to de,ide what kind Of posse they
shall USE and consequently they made or partl-
and # they do not bring about serious collision Il
will be because both parties have wholesome fear for
each other.
enclose application from the people of Lawrence
which sent of course, to the Governor with the
psnyiing letter. am Colonel, very respectfully your
Colonel First Cavalry Commanding.
colonel S. COOPER, Adjutant. General, u. S. A.
NEAR LAWRENCE, Way IL, 1855.
GoyERNoR-The enclosed paper presented TO me
last night the committee stating that they had heard
had authority TO act In these matters told them thew
bad been msinfor med that was len for you to decide
when the troops should come out and they had any ap
pication to make should be made To you which they
said hey should do Immediately.
fuly understand the difficulties OF your position at
this critical moment and am anxious aid you 70 the
full extent OF my power and ability. am Impressed
Win the belief that large and commanding force placed
ro In. ~
moral eject in REFRESHING these disturbances. am,
GVernor win muSh respect yesr oSee lent servant.
His Excel!ency W. SHANNON.
LAWRENCE, KANSAS May ", 1855
sRWe have to submit for your consideration the fol-
loving report OF a meeting OF citizens Of lawrence
holden at seven O'Clock this evening =
Whereas, we have the most reliable information from
every section Of the Territory that armed bands Of
are forming and that several hundreds encanp-
ed within few miles Of this town, who make most vio-
lent threats OF the destruction Of the town and its ahab
Resolved That Messrs. TopliG Hutchinson and Roberts
constitute committee to wait Colonel sumner com.
mander OF the first regiment OF United States cavalry
and inform him OF our imminent danger and respectfully
ask OF him such protection he may be able to extend
to Us consistent with the authority in him vested
Very respectfully yours,
W. G.. ROBERTS,
JOHN HI JOHNSON.
CoIcNEr T. V. SUMNER, Com mander Of First Regime nj
Y. 5, Cavalry
wAR~prrAgrNEyT
N, 10.
SP-Yocr letter OF the 18th inst this day submitted
TO me by the AdjGtant General has been read with
enclosures.
You have Justly construed your Instructions and YOUR
course is approved The zeal manifested by you to pre-
serve ord r and prevent civil strife between fellow
citizens In Kansas receives full commentators but you
have properly refused to nterpose the military power OF
the United States, except under the circumstances and
conditions contemplated in your instructions authorized
BY the the United States and warranted BY the
genius OF political institutions. II viii be equally
within your province to mar tain the supremacy OF the
hDr ivai 49,
from whatever source they may be assaled whenever
the government shall require your aid In the spe
hih imtfes the employment Of military force r.ai,ers
not i,ettr the subre sion = the Lac ayiSes from denial
lo,oless disregard 81 the right 70 prOtection Of srso and
doined and established.
JEFFERSON DAVIS, Secretary OF War
Colonel Z. v SrNSys Commanding Is, Regiment Cavalry
Fort LeaYenwor,b, Kansas
AnIuTASr GEyxRar's Orrcx,
WASHINGTON, July II, 1855 !
SiRYour letter OF the It'll inst reporting your return
to Fort eavenworth and the measures adopted by you
under the proclamation OF the acting Governor OF Kansas
Territory, dated July 1856 has been received and lard
before the Secretary Of War, by whom has been
turned 10 this omee with the following endorsement,
which y communicated TO you for your Information and
The communication Of Col and proclamation
ss esis e h@ 70 ne a Sy oTc
yet made fully appear the was one in which
by his Instructions he authorized 10 ac, via That The
Ing. aad hc powers yaiea states Ma sSs ia.
ees We s osc. which ~ a. WIS By
Sumner viii be called upon o.ommppIcae this point
wan Drr,nrsrsT July IT, ' issS - 'eV y "''
an, sir, respectfully, your o6edent servant,
g. COOPER, Adiutant General.
To COL F. V. srMsrR First Cavalry, Fort Ieayeaworth,
Kansas Territory.
The Proposed Presidential Law.
In fhc senate Of the United States, August 8, 1855.
Mr BrrIhE, from the Committee the Judiciary, sub.
the first and second times, considered In Committee
OF the hole aad postponed 70, and made the special
on the 2s,h Of June 1850 the Senate adopted resolu
ton in the following words
Whereas The constitution Of United States provides tina,
%ss ~ or a so Sr d A s s sn sn
Vice President dcclarins what officer shall hcu rres
billy be removed or a President shall be elected
and, rerhaFs The Very existence o. c government, ha Re
So f ~ Go"gse s ., h provision Of
every yrssney mat csn possibly occur U he Office Of Pres
ton q disputed succession 10 thai high oice--
To The end therefore that all doubts defects which may
Re resolved BY The senate Of the Uned states Thu, the
Committee The Judiciary be Instructed to cxsnnc into
,hose laws and inquire whether the provisions they contain
purpose whether any further csssiSc be- neSes
sary OF proper aud @ report thereon by bill otherwise
The committee has considered this subject with great
care, and herewith reports bill adequate, in IL opinion
TO meet all the difficulties suggested.
The Nth section OF the second article or the constitution
Is the TO which the resolution refers; and that article
together with the acts Of Congress passed tn give effect
have been brought under consideration BY the committee
The section OF the eonsttutcn Ia as follows
In case Of the removal Of the President from Office.
or Of his death, resignation, inability TO discharge
the powers and duties OF the sad oitce, the
shall dcvolye the Vice President and the Congress
by law provide for the removal DEATH resgna.
ton, inability both Of the President and Vice President
decaring wha, ocer shall then act resident and such
o. Ger shall act accordingly until The disability Dc removed
. President shall be elected.
And the act OF Congress approved March lst 1Tp1 In
reference TO this subject contains two sections to w.t.
The ninth and tenth, which are as follows
Sec Tha, m Of removal death re- slgnat'on in.
ability both Of the President snd Vice President Of the United
states The President Of the sclaA tempore and In
here sha be President OF the Senate tn the speaker OF
le House 81 Representatives fer The time being shall
President of the United states until the disability
President shall be elected
Sec TO- That whenever the Offices Of President Vice
President shall both become vacant the
shall forthwith eaus0 notification thereof 10 the
executive OF every State and shall aso
published in NJ least of the newspapers printed
state specifying that electors Of the President OF the United
States shall be appointed chosen the several states Within
forty four days preceding the first Wednesday IN lie
comber, then next ensuing provided there shall he
fA Ek Is 81