Freeman's champion., 1858-03-25

'F y. FIN HILL, lnsp. Genl.
HIRAM HOUSED, Com. Gen'l.
S. b. PRENTIss, Surg. Gen'l. -
The Territorial Legislature, at its
recent session, convened al Lawrence,
passed an act entitled "An Act for
the organization and regulation Of
the Militia of Kanzas Territory" by
a unanimous vote in both branches.
1t was vetoed by the Territorial Gov
ernor and passed by the Legislature,
(his veto Notwithstanding, by sim
liar vote. '' b H.ee ''N''' '''' ''
The 26th Section of the Organic
Act provides as follows: h'''"
"Every bill which shall have
passed the council and house of rep
resentatives Of said territory, shall,
before it becomes a law, be presented
to the governor of the territory; ifhe
approve, he shall sign it; but if not,
he shall return it, with his objections,
to the house in which it shall have
originated, who shall enter the OBJ
jections at large on their journal, and
proceed to reconsider it. If, after
such reconsideration, two-thirds Of
that house shall agreeto pass the bill,
it shall be sent, together with the OBJ
jections, to the other house, by which
it shall likewise bc leconsidered, and
of approved by two.thirds Of that
house, ashali become a law,"
All these requirements were COM
piled with; the Legislature was legal
ly elected by the people; regularly
convened and organized; recognized
by the Governor; and the bill under
consideration passed in accordance
with the Organic Act. The Govern
or had the legal right to exert his in-
duence and to interpoSe his veto to
prevent the passage OF the bill; but,
when passed, his functions as q CO.
ordinate branch Of the Legislature
ceased, and his duty as an executive
officer began. Il ,.,. a., .,...
The 3Oth Section of the Organic
Act requires the Governorto take an
oath faithfully to discharge the du-
ties Of his office. The 10Th Section
declares "that he shall commission
all officers who shall be appointed to
office under the laws of said Terrific
ry, and shall take care that the laws
be faithfully executed" IN t.,u d,
Page 4SO, Section IA, Of the Kan
zas Code is as follows: d,,. ,,u,
"Sec. IA. In all elections made by
either house, or by a joint vote Of
both houses, the votes Of majority
OF the members. present shall be nee
essary to q choice when such elect
ion shall be by joint vote, the presi-
dent of the council shall grant the
person elected q certificate, which, in
all cases, where acommission is re-
quired, shall be sufficient to author
ize the granting ofsuch chcommission.'
The officers composing the Militia
ry Board were duly elected at a Joint
convention of the Legislative Assem-
bly,, by an almost unanimous vote /;
their election regularly certified TO
the Governor under the law, and sep!
arate ceti6catesgiveh to each member
by the President ofthe Council. Af-
ter this action, the Governors plain
and sworn duty was TO see the law
executed and the commissioners issued.
The Organic Act is emphatic that
he shall commission and shall take
care that the laws are faithfully exc
cuted. Presidents Pierce ana Blu.
chanan, and all the Governors Of
Kanzas have insisted that the people
Of Kanzas should obey the Missouri
enacted code until it was repealed or
decided null and void by q court Of
competent Jurisdiction. For object
ing to the legality Of that code, the
people ofKAnzas have been branded
Nby those persons as Q" traitors" and
''rebels.n We do not say that the
Governor in this action Isl guilty Of
the same crime charged upon the peo-
pie Of Kanzase but we dosay that his
refusal TO issue commissions. in ac-
corlance with law, can in no way af-
feet either the duties Of the Board or
the legality oftheir action. There
sponsibility ofhviolation of his Of.
fetal oath rests upon himself alone; /;
the Board have but one course TO
pursue. flii 0s ,tllNuop Ohi 70 iNp iiiNl
The Section Of theiMiIitif Act6h.
der consideration de6nbB thsir dutiSS