The Kanzas news., 1858-04-03

:
sense. The -th section of the Militia Bill
is as follows:
SEC. The officers provided for in this act
shall be allowed such compensation may here
after be prescribed by law.
The Territorial Legislature imperatiyely
required this duty to be performed. They
have declared that all officers engaged in the
receive such compensation as may hereafter
be provided by law. 1t is fsir to presume
that they will vindicate their own enact
ments, and there is no power in this Ter
ritoFy to frustrate the execution of their
will
To secure an efficient organization of the
militia of Kanzas Territory, under the law.
it became necessary to designate some place
as headquarters, where papers could be IS
sued from and sent to. Lawrence, being
central, was selected as that point. 1t is
alleged that the establishment of headquar
ters is an infringement of the authority of
the Commander-in Chief. The duty of the
Commando in Chief commences after the
militia are enrolled and organized, armed
and called into the feld-sCheR there is a
militia. The people Through their repre-
sentatives) have exclusive jurisdiction over
all matters until they are mustered and IN
the field. The President of the United
States is, by the Constitution, made the
Commander-in- Chief of the army, navy
and militia; but he cannot call forth a sin
gle militisman. That power can alone be
exercised by the representatives of the peo-
pie in Congress assembled. The power to
enroll, to organize, to call forth, does not
necessarily attach to the position of Com
mander-in- Chief. 1t may be granted to
him by Legislative authority but until so
granted it cannot be exercised. The power
to establish headquarters is with the Com
mander-in-chief, when the militia are in the
field but there may be other headquarters
for the purposes of organization. That the
people of Kanzas wanted militia Organiza-
tion, is not unreasonable. Their represent
atives beiived that that organization could
be effected by officers of their own selection.
They therefore gave the power 10 the Mill
tary Board, of which the Territorial Coy
ernor is member, and, when present at
their deliberations, its presiding officer.
The militia law was regularly passed, the
officers under it regularly elected, their du-
ties clearly and emphatically defined, they
have strictly adhered to its spirit and letter,
and their acts therefore are of undoubted
legal authority. We respectfully submit
when and where, outside of Kanzas, the
right was ever questioned of people, even
in the absence of law to enroll, organize,
equip, arm and come forth, if need be. for
defensive purposes ? 1t is right attaching
to manhood, emanating from a higher than
earthly tribunal-tAe right Of se5f-defense.
/ I Al
now for the first time officially announced,
that a people, even when legal forms are
strictly adhered to, when the authority en-
anates from legally elected body, of un-
questioned authority, have not the consu-
lutional right to organize in their own way,
and under their own officers, for the purpose
of protection.
Having the legal right, emanating from
the Territorial Legislature, whose action is
in strict accordance with the Organic Act.
we respectfully urge on the Generals of the
several brigades to press the organization !;
on the enrolling officers to discharge, with
prompt alacrity, their duties under the law;
and on the citizens, to second them in their
efforts to secure an armed organization Of
the people, without distinction of party, or
of creed which, officered and controlled by
the people, and having for its object the
! preservation of peace, the defense of their
homes and the protection of their rights,
will be formidable only to the tyrant and
the lawless marauder.
In the organization of companies and
regiments, the election returns for the Off
GERS should be forwarded to the AdjHtant-
! General, at Lawrence. On receipt of re-
turns, certificates of election will be issued
by the Board, to serve as evidence of au-
lthority until the Governor shall decide to
fulfill his sworn duty as an executive officer
by signing the commissions. On the SUBJ
iect of arms, you will confer with the In
spector- General, at Lawrence and on that
of ammunition, with the Quartermaster-
General, at Lawrence; on the subject oi
surgery and medicine, with the Surgeon
General, at Lawrence.
We congratulate the country on the pres
ent peaceful aspect of affairs, and trust that
/ by a thorough and efficient organization the
peace thus iDaugurated may be maintained
J All of which is respectfully submitted.
J. H. LANE, Pres't.
E. B. WHITMAN, Sec'y pro tenn.
Approved
sAA'I V: JAMESON. Brio. Gems
SAMUEL WALKER,
: G. S. HILLTEB,
J. FIE Hill, 1Hsp. GenL
HIBAM HOUSED, Com. Gen1
S. B. PRENTIss, Surg. Gen1
s. W. ELDRIDGE, Qr.-M'r G.
: Lawrence, March Is.
|
, An old gentleman of NJ visiting New
York, was persuaded by woman whom b.
met in the street 70 60 home with her. Or