Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-12-30
Correspondence Of tie Missouri Democratic
Proceedings OF the Territorial LcgisIH-
lure the Militia Bill passed over
SsautO'l's veto.


LECoMPToN, Dec. 10, 1857.
Upon the l4th inst law passed both branches
of tine Legislature, providing for the organization
of the Territorial mita.
This law repealed all the militia laws enacted by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 brg4dier
generals, one adjutaRt general one inspector gene
raj, quartermaster general, one commisssry
general, and one surgeon general These officers
elected 6y the Legislature The Governor Of
the Territory is member Of the board, and is
commander-in chief OF the militia.
This military board has power to orgauza equip,
drin and put into a serviceable shape the militia OF
the Territory. A minority oil the board are en-
powered to call out the militia in any emergency,
and TO act independent of the commauder-n-
chief.
This militia bin, after passing both branches of
the legislature was sent to Secretary Stanton for
his approval After considering the matter two
days Dir Stanton returned the following answer:
To the House Of Representatives. of tie Territory
Of Kansas:
GENTLEMEN:-H Herewith I return the bill entitled
"An act TO organize and regulate the militia Of the
Territory of Kansas" which was presented yestar-
day for my approval, but from which 1 am cOmpell-
ed 10 WITHHOLD my sanction.
No necessity seems 70 me TO demand a rcorgan-
z4tion of the militia at the present time; and such
a measure is not in nv Judgment egitimately con-
nectrd with the general purpose for which the Leg
islative Assembly Is nov convened. Moreover, !
am deeply Impressed with the importance ofavoii-
Ing every thing which, st this critical juucture of
affairs, might serve to irritate the minds of the
people, AMI arouse apprebensiOns such might
naturally be ensendered 10y any military movement
whatever
Looking to the provisions Of the bill ITSELF I
dissent from that part of it which provides for the
election OF general officers by the two houses Of
the Legislative Assembly. If any change should
be made from the present mode of appointment l
Of opinion that the officers in question should
b. ,ltcted by the people, or by those who La
b. TO be called into service under the law.
But the most fatal objection to the proposed Law,
aud that W ich is entirely conclusive TO my mind,
Is TO be found in the seventh section, which
thOFzes "a majority OF the military board 70 call
the militia ia any emergency"
BY the organic act, the governor Of the Terri
tory il made commander -in-chiet Of the militia,
and is charged with the Cuty Of seeing the laws
faithfully executed. The proposed law would vir-
tually depose him from his position, and would
place him IN che power OF board, composed OF
the general officers of the militia, Including him
self il Is true, but 10 which he might at any tine
be overruled bv the majority.
IT, my ia cement sucH a law wOuli be in direct
conflict with the organic set, aud Woul!, therefore,
be null and void. If however, it might b. eousi-
dered legally valid, il would be hostile TO the
knoalsdged principles Of civil liberty, which re-
quire the subordiuatou Of The military TO the civil
power. To confer upon a majority OF the general
officers of the militia, the power 10 judge Of the
occasion when the military force of the Territory
should be called into action would b. TO establish
a military despotism Of the most dangerous and
peruioOus character
With tbese ohjsctiohs return the Dill Ia ques
ton 70 the House Ia which u originated.
FRED. p. STANTON.
Lseompton, Dec. Is, 1881.
Secretary sIsOsoa's veto was expected by eli
ilsal 70 saneti0n u passed the Dill the veto
By two tbirds vnte
Both branches OF the L gisia;urs then vent into
JOINT tor the purpoee OF eleetus the officers
composing the military boarL committee OF
* wls appointed 20 report ticket. The io.loa-
iug Vas adopted: