The Kanzas news., 1858-04-03


Here follow The counties, and the names
of the enrolling officers in each. Then fol-
low the forms for muster rolls, exemption
rolls, and the form for the certificates of
appois ssment for enrolling officers, as also
the Instructions to enrolling officers-all of
which, having heretofore been published,
are therefore omitted
J. H. LANE, Pres't.
A. D. RICHARDSON, Asst Adj't Gen.
Signed aud approved:
L. G. CLEVELAND,
sAM'L V. JAMESON, Rr;r eon,,s
GEo S. HILLYER, Ecu 10
SAMUEL WALKER, .=sgf
g J. FIN Hill, Insp'r Gen'l.
sE, HIRAM HoUsEL, Com. Geu'l.
S. B. PRENrIss. Surg. Gen'l.
The Territorial Legislature, at its recent
session, convened at Lawrence, passed an
act entitled can Act for the organization
and regulation of the Militia of kanzas Ter
ritory," by unanimous vote in both
branches. 1t was vetoed by the Territorial
Governor and passed by the Legislature,
This veto Notwithstanding by similar
vote. @ So g fi -lf tj "''
The 26th section of the Organic Act pro-
**s Every bill which shall have passed the
Council and House of Representatives of said
Territory shall, before it becomes law, be pre-
sented to the Governor of the Territory; if he ap
prove, 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 obec-
tons at large on their journal, and proceed to
consider it. If, after such reconsideration, two
thirds of that House shall agree to pass the bill
If shall be sent, together with the objections to the
other House, by which it shall likewise be recon
sidered, and if approved by two-thirds of that
House, II shall become La,o.
All these requirements were complied
with, the Legislature was legally 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 Governor had
the legal right to exert his influence and to
interpose his veto to prevent the passage of
the bill but, when passed, his functions as
coordinate branch of the Legislature
ceased, and his duty as an executive officer
began.
The 3Oth section of the Organic Act re-
quires the Governor to take an oath faith
| fully to discharge the duties of his Office.
The Goth section declares ''that he shall
commission all officers who shall be ap-
pointed to office under the laws of said Ter
ritory, and shall take care that the laws be
faithfully executed
Page 48O, section a, of the Kanzas Code
| is as follows
SEC. IA In all elections made by either House,
or by joint vote of both Houses, the votes of a
majority of the members present shall be necessa-
ry to choice when such election shall be by
joint vote, the President of the Council shall grant
the person elected certificate, which, in all cases
where commission is required, shall be sufficient
to authorize the granting such commission.
The officers composing the Military Board
were duly elected at Joint convention of
the Legislative Assembly, by an almost
unanimous vote, their election regularly
certified to the Governor under the law, and
separate certificates given TO each member
by the President of the Council. After
this action, the Governors plain and sworn
duty was to see the law executed and the
commissions issued.
The Organic Act is EN- phatic that he shall
commission and shall take care that the laws
are faithfully executed. Presidents Pierce
and Buchanan, 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
ton. For objecting to the legality of that
code, the people of Kanzas have been brand
ed by those persons as s'traitors" and 'treb-
els.'' We do not say that the Governor in
this action is guilty of the same crime
charged upon the people of Kanzas, but we
do say that his refusal to issue commissions
in accordance with law can in no way effect
either the duties of the Board or the leeall-
ty of their action. The responsibility of a
violation of his official oath rests upon HIM
self alone; the Board have but one course
to pursue.
The section of the Militia Act under con-
sideration defines their duties in the partie-
ular point assailed by him, and is as follows
SEC. =. 1t is made the duty of said Board to
adopt such rules and regulations, under the pro
visions of this act, shall secure an et1elent or
ganizatien of the militia of the Territory OF Kan
zas.
! Our duty is here plainly set forth. Tc
effect an efficient organization of the militia
i the first step is the enrolment of the people
To perfect that enrolment at an early pc
Rod, a well qualified person was appointed
in each neighboFhood. Many of the roii'
have already been returned. The officers
thus appointed charge for from one to sever
days service. The allegation that thest
enrolling officers should have been commits
stoned by the Governor. is simply r,dlcu
1ous. The trouble and expense OF obtain
ing the commission by persons from remote
: portions of the Territory. would have Deer
as great as for the duties they had to per
form. The enrollers were neither commls
stoned nor n-commissioned officers. bu
mere laborers for the performance OF tha
specific work, and the certificates issued by
the Board were not, and were not intended
as commissions, but mere evidences OF Sc
lection for the service.
! But it is alleged that the enrolling officers
- chaa~s -srsvs