The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-31
NO. STA
AFFAIRS IN KANSAS.

tain Van Welt, of the United States army, and
George II. Sanders, passed Boonville, Missouri
OH the 22d, en- their way to Washington. They
left Lesvenworth On the 18th instant. Secretary
Ssa1ton wos still acting as Governor, apparently
with the appreciation of his successor, General
Denver. We extract from the Democrat as
follows:
''Thc reported death of General Lane turns
ont to be altogether untrue. The mistake
probably occurred from confounding the name
Of Mr.. Latham, killed at Doniphan, with that
Of Lane.
"The trouble at Fort Scott, which ia said to
have resulted in the death Of three men, was a
local quarrel, not connected Immediately with
the election, although between Free State and
Pro Slavery men. The latter had sent to Mis-.
souri, for assistance. A requis;,ion was made
On the 18th By Mr.. Stanton on General Harvey
for two companies Of dragoons, who were at
once disoafched 20 the epot. General Lane
also sent eff TWO Companies Of Free State troops,
(Territorial militia 10 lock after the dragons,
and see that they did no harm.
"The Legislature was still in session. 1t had
passed on act, submitting the Calhoun Consti-
tuition TO vote # the people of the Territory
on the ffih Of January, in three forms: lst.
Constitution with Slavery; I'd. Constitution
wi,Loat Slavery Sd. Against the Constitution.
4 very stringent election law had been passed,
providing against frauds, and authorizing
Judges Of election to be appointed by the Gov
ernor and Speaker of the House. Provision
bad been made 70 have the names of all voters
on the Dist taken down by committees at each
precinct, s. as to counteract and make mani
Test fraudulent returns.
"a good many Missourians were casing up
the river, and going over the border to partici-
pate in tue elcction.
I" 1t was reported that Mr. Stanton bad vetoed
one or two bills, bat that the Legislature had
not insisted on passing them, although having
the necessary majority.
"Tbe Walker Democrats of the Territory
had called Mass Territorial Convention to
meet on the "a h, 20 endorse his course, ard
recommend to Congress the passage of an en-
abling act. They you'd cppose the course OF
the Administration, as was evident from the
tone of the primary meetings."
The ARRAY at Fort Scott.
Private advices has put the Democrat in pos.
session of the following explanation of the late
collision at Fort Scott:
THE smouldering hostility, so long pent up,
is at last breaking out in the Territory, and the
ProSlayery men seem determined to precipi
tate 1t on the people without regard to conse
quenoes. Fora Scott is the scene where the
tragedy has opened. During the last court
held at that point, twenty-three Free State men
were indicted for rebellion, under the statutes
of the bogus Legislature of 1856, which makes
the crime pu iiskable by death. Friends of the
victims to this cdious and bloody ccde wished
To have further investigation of the case which
denied them. They then requested to see
the court records, and were refused. Deter
mined not to BE- treated with such arrant iujus
tice, they claimed their right, and, q squabble
ensuing, they were set upon by the Pro-Slavery
attaches of the court, aud a mob of their par
iisans. In turn, The Free Safe men rallied to
the support of their friends, and compelled the
assailauts to surrender. The captives were
then permitted to leave uninjured. Since that
time, they have crossed the line into Missouri
where they have raised q force, and now threat
en- to wreak vengeance when they get to the
Territory. The volunteers in this new foray
have principally gone from Little Usage, Papin.
vile, and Nevada, bat the general sentiment ot
the communities do not endorse the inroad
You may expect to hear other news as soon as
their future proceedings are known"
The New Militia Law.
On The l4.h inst., Law passed both branch
IS Of the Legislature, providing for the orgapi
zItion cf the Territorial militia.
ed lay the last Legislature. TIE new organiza
lion takes place under tie supervision of q
board OF cilicers, consisting Of one Major Gen
eral, eight Br;gadier Generals, one Adiutant
General, one Inspector General, one Quarter
master, General; enc Commissary General, and
one Surgeon General. These officers are elect
ed by the Legislature. The Governor of the
: Territory is a member of the board, and j,
COMMANDMENT chief Of TIE militia. This mill
tary board has the power 10 organize, equip
drill, and put into serviceable ehape, the mliti;
of the Territory. A majority Of the board ar
empowered 20 cal! cut the militia in any emer
gency, and 10 act independent Of the Com
mander-in-chief.
This militia bill, after passing both branche
of the Legislature, was sent to Secretary Stanton
for his approval. After considering the matte
+ two days, Mr.. Stanton returned the following
answer:
To tie House Of Representatives.
ofhe Territory Of Kansas
GENTLEMEN: Herewith I return the bill en-
titled ''An act TO organize and regulate tn,
militia OF the Territory of Kansas" which wa
presented yesterday for my approval, but from
which | am compelled TO withhold my sanction
No necessity seems to me TO demand a re
organization Of The militia al the present time
and such MEASURE is not, In my Judgment
legitmatelg connected with the general purpos,
for which the Legislative Assembly is now con
vened. Moreover, / am deeply impressed will
the Importance OF avoiding veryIhing which, a
this critical juncture of affairs, might serve t
irri,atc the minds of the people, and arouse ap
prehensions, such az might naturally be en-
gendered by any military movement whatever
Looking to the provisions of the bill ITSELF
llgcaDf f-opa that ~ y2btcb uroviAau fo
the election of general officers by the tw
Houses Of the Legislative Assembly. If an
change should be made from the present mod
of appointment am Of opinion that the officer
in question should be elected by the people, o
by those who ere liable 10 be called into SCI
vice under the law.
But the most fatal objection TO the proposes
Law, and that which is entirely conclusive to m
mind, Is to be found in the seventh section
which authorizes "a msjority of the militar
board to call out tha militia in any emeI
gehcy."
BY the organic act the Governor of the Ter
ritory is made commanderin- chief Of the militia
and 10 charged With the duty of seeing the law
faithfully executed. The proposed law woul
virtually aerose him from his position, an
would place him II the power Of board, con
posed of Tie general officers of the militia, il
'iuuihg hlIilsSh III IS true, put IN WEIGH
might at any time DC overruled by the ms
jority.
In my Judgment. such law would be i
direct conflict with the organic act, and woul
therefore be null and void. If, however,
might be considered legally valid, it would b
hostile to the acknowledged principles of civ
liberty, which require the subordination of th
military to the civil power. To confer upon
majority Ct The general officers of the militia
The power to judge Of the occasion when tn
military force of the Territory should be Gale
into action, would be to establish military de-
potsm of The most DANGEROUS and parniciou