The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-28

Lecompton. He ia Treasurer under the Territory,
and has been an active participant in the troubles
Audifor.-Dr. Blake Little, effort Scott, Bourbon
county. This is pretty good nomination, ~ the
old doctor ia representative man, and was an ac-
tive member of the assassin convention.
Representative to Congrsss-Francis P. Carr, of
Atchison. Carr is tolerabe fellow, and for Dor
der rufan quite decent as he neither smokes, chews
tobacco, drinks whiskey or swears.
TIRE MILITIA BILL PASSED OVER sTANTON's VETO.
Correspondence of the st. Louis Democrat
LECoMPToN, Dec. 10, 1857.
Upon the l4th inst. law passed both branches OF
the Legislature providing for the organization Of the
Territorial militia.
This law repealed all the militia laws enacted by
the last Legislature. The new organization takes
place under the supervision of board of officers,
consisting Of one major general eight brigader ge
neras, one adjutant general one inspector general,
one quartermaster general one commissary general,
and one surgeon general These officers are elected
by the Legislature. The Governor of the Territory
is member Of the Board, and is c0mmanderinchief
Of the militia.
This military board has power to organize, equip,
drill and put into serviceable shape the militia OF
the Territory. A majority of the board are empow-
cred to call out the militia in any emergency and to
act independent of the commanderin.chief.
This militia bill, after passing both branches OF the
Legislature, was sent to Secretary Stanton for his
approval. After considering the matter tWQ days
Mr.. Stanton returned the following answer
To TIE HOUSE OF REPRESENTATIVES OF THE TERRITORY or
GENT1EMEN-HerewthI return the bill entitled IAN
to organize and regulate the militia of the Territory or
Kansas, which was presented yesterday for my appro
val, but from which am compelled " withhold my
ton.
No necessity seems 10 me to demand q re organization
OF the militia at the present time; and such is
not in my judgment legmately connected with the ge
neral purpose for which the Legislative Assembly is
convened Moreover,I am deeply impressed with the
Importance of avoiding everything which, at this critical
juDcture OF affairs might 10 irrtae the minds Of the
people, and arouse apprehensons such might natu
rally be engendered by any military movement whatever
Looking to the provisions oil the bill ITSELF dissent
from thai part which provides for the election ge
neral officers by the two houses of the Legislative Assem-
bly,. any change should be made from the present
mode OF appointment am OF opnlon that the officers in
gu, sn should be- elected by the people by those who
are liable 10 be called into service under the law.
But the most laal objection TO the proposed law and
that which is entirely conclusive to my mind, is 10 be
found in the seventh sec.sn which authorizes Ga MAORI
~ Of the military board to call out the militia in any
emergency"
u, the organic act the Governor Of the Territory is
made connianderin chief OF the militia, aud is charged
with the dnty OF seeing the laws faithfully executed The
proposed law would virtually depose him from his posi-
ton, and would place HIM in the power Of board
posed Of the general officers of the militia including him
sell is true but IN which he might at any time be over
ruled by the majority
In my judgment such law would be in direct conflict
with the organic and would therefore be null and void
II, however might be considered legally valid, II would
be hostleito the acknowledged principles Of civil liberty
which require the subordnaton Of the military the civil
power To confer upon majority Of the general officers
OF the militia the power Judge of the occasion when the
military force OF the Territory should be called INTO action
would be- 10 establish military despotism OF the most
dangerous and pernicous character.
With these objections retarn the bill in question to
the House m which il originated
lEcoNrToS, Dec 49, 1857. FRED. +. STANTON.
Secretary Stantons veto was expected by all par
ties The Legislature upon receiving his refusal to
sanction it, passed the hill over the veto by two
thirds vote.
Both branches of the Legislature then went into
joint session for the purpose of electng the officers
composing the military board. A committee of six
was appointed to report ticket. The following
adopted