New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-28
LECOMPToN, X. T., Dec. l6, 1857

Legislature 10 be Illegal
LECOMPToN, X. T., Dec. &c. 1857.
Az had expected, See. Stanton has sent in his
veto 20 the Militia bill II had been understood
that he would sign it. II ia now perfectly clear
that he intends the Legislature shall do nothing
except to provide for submitting the Lecompton
Constitution to the people, and submitting it alone.
That the Militia bill might not in all respects be
pleasing TO him is probable. Here ia biz message:
"To the House Of Representatives. Of tie Territory Of
"GEN1LRMEY: Herewith return the bill entitled
AN Act to organize and regulate the Militia OF the
Territory Of Kansas, which was presented yesterday
for my approval, but from winch am compe"eo 70
withhold my sanction.
"Nu necessity aeemr To me to demand o reorsoni-
zatioD of the militia at the present time; and such
measure il not in my judgment, legitimaely connect
ed with the general purpose for which the Legislative
Assembly il now convened Moreover, am deeply
impressed with the importance of avoiding everything
which, at this critical uncure OF affairs might serve
to ritate the minds OF the people and arouse appre-
tensions such might naturally be engendered by any
military movement whatever
"Iooking to the provisions Of the bill ITSELF dii-
sent from that part it which provides for the election
of the general officers by the two Houses Of the Leg
islatiye Assembly. Ii any change should be made
from the present mode of appointment, am Oh OPINION
that the officers in question should be elected by the
people, ny tIlott Nho h!c uuulc W NC CuHcu
service under the law.
But the most fatal objection to the proposed law,
and that which il entirely conclusive to my mind Is 10
be found in the seventh section, which authorizes
majority of the Military Board to call out the militia
in amy emergency"
"By the organic act the Governor Of the Terri
tory made Commander Chief Of the militia, and is
charged with the duty Of seeing the laws faithfully ex-
ecuted. The proposed law would virtually depose
him from th- portion, and would place him in the
power of Board composed of general officers of the
militia, including himself it is true; but IN winch he
might at any time be overued by the majority.
In my judment, such law would be IN direct con,
it with the organic act and would therefore he null
and void. IT, however, il might be considered legally
valid would be hostile to the ACKNOWLEDGED priuci-
pies of civil liberty, which require the subordnation
of the military to the civil power. To confer upon
majority of the general officers OF the militia the
power to judge OF the occasion when the military
force of the Territory should be called into action,
would be TO establish military despotsm oil the
most dangerous and pernicious character
with these objections return the bill IN question
to the House in which il originated. .vo,.
"LeoompfoH, Dec 10 1857. FRED Z. SrANroN
The organic act does indeed make the Governor
commander.in-chef of the militia, but does not in
any sense define his duties such. BY this law he
is still cOmmander-in-chief, and the management OF
the milits, for organization or use, is given to
Military Board, of which he is the head. Under
the bogus statutes, which have been so heartily sus
tanned by the Federal Administration, the whole
military power was in the hands of militia officers
and none whatever in the hands of the Governor.
ANY captain of militia could call out his company;
and every body knows that they were IN the habit OF
doing so. Not solitary 6gment of power was LETT
with the Governor. Such was the law Of the Ter
rtory until this law repealed it and substituted
Military Board of which the Governor is the head,
for the irresponsible scts of few military officers
Let the Administration organs, i'll view OF these
facts, and after having sustained the former system,
ard even apoogzed for its abuses, complain OF this
if they dare.
As for the moral argument ola military despot-
ism," that is amusing. 1t appears thus that II
would not BIZ despotisn for some partisan satrap OF
the South sent here by corrupt Administration, 10
hold the power Of the military completely and solely
in his grasp. ShannOn's Missouri militia of the
Waker,lsa war was, no doubt, in " accordance with
=" the principles of civil liberty" Woodson's vii
lanous cut.throats from the same deectable region,
with hundred unayenged murders hanging on their
skirts, were also regularly orthodox.
lam glad to be able TO record the fact that the
militia bill was promptly passed over the Governor
veto by two-ihirds vote In this militia matter the
Legislature has done its only act Of independence
against the will of the Governor. In the present
emergency they knew too much a. leave the militia
power in the hands of the old bogus officers, some
Of whom are residents Of the State of Missouri
to-day, as they have always been. The necessity
for prompt seton is tco apparent: and the Admin
,trs,on has to learn that it is not dealing with meo
In Joint convention the Legislature proceeded at
once. this afternoon to elect mitis officers. James
II. Lane was unanimously elected Major-General
A Committee was then appointed to present names IN
with the other Offices a. 10 have them
equally divided over the Territory. The following
ticket Vas reported and elected:
J. O. LosrE Of Leaysnwo-h. First BrxAdier 0rneHi
s. q. JAnIsos ofponiphan Srecnd BnssterVrn
90 HIIL Of Riley Third Briesdirs- 0rnrrL
saN WALxEa off.vr, pcr. Fourth Bnssdter 0enerL
e ~ Mep.kiEl OF Lyun County, FIJI BdeAaex 0enerd
HItII1a Of Crushopye< Psiis SsxfA Bdxsaie 0eser
Joss r. WHsrlEs q Coz. Co s.y-nsh Brsster oenesL
y II CLEvEIHpG Tofsta Eia,xh Rhssdes 0so~rA
cn.nI rs Ca pwtcg of hsdsrU AAhssnt 0coers
! HUI Il prsnkiis Ccur;y i,spersoe 0eIe-S
H1sAx HosnEa q DeniPdss Qaa.es1s:e. OssrA