| OCR Text |
Show Governor Shaffer ended his letter that NIr. by saying Wells had ordered the muster in the "assumed capacity of Lieutenant-General" and without authority from the Governor, and now he was asking that his actions be but the Governor stated that he would not "do ratified, cation of your officious and unwarranted sions of the Organic in force so in ratifi Act the Governor is made the Commander-in-chief of the militia of the Terri tory, and sir a anything assumption" and that "by the provi important as so long as I continue to hold that that of the militia shall not be wielded of my authority, isregard whih, by.law, not only to assert, but If sstbl plain duty e po and office, controlled b m ob2ation, it is my " to mamtam. , or Governor Shaffer had written at the end of his communication that he further need for eli scussion of the matter of the Nauvoo Legion, but General Wells felt differently and responded with an open letter to the Deseret saw no News, on October 27, in which he refuted 1870, point by point the arguments of Governor Shaffer. On the first issue of the laws of the United States one Lieutenant General--a Wells argued position then held by Philip that Governor Shaffer! s idea law provides for was H. providing for only Sheridan--General untenable because that same generals. Should we therefore conclude that there were to be no major generals in the militias of the states and territories? The same laws provided for only R brigadier generals, and a law approved by Congress July 28th, 18G8 directed that there should be no new appointments in the Adjutant General s Department. If the Governor was so concerned with the law as it is applied to Lieutenant-General \\'e11sl' why di dri'f he enforce the laws which applied to the appointment of l\1;·:jor,< GeJ.JeraJ Connor and Assistant Adjutant General Johns? General Wells also pointed out that Utah Territory had been following the laws of Congress in the Ad of June 15th, 184±, in the matter that "all officers of militia in the Te r rito r ie s shall be elected by the people, in such manner as the respective Legislatures thereof shall provide by only five major I , law." The Governor had. violated these laws in Connor and Colonel Johns to thei under the electi and IS:)7" standing ve procedures positions. appointing Major-General Wells had received his position described in Utah Territorial Laws of 1852 Governor Shaffer had taken his action in disregard or misunder Congressional and Utah Territorial Laws. of the Uni teel States Gene 1'::11 VvTcll time the Governor as 13\\11itney, Vol. as r then took up the issue of hi s s . V, pp. :3:32-33,s. recogni zing for the fi rst the Commander-in-chief of the Utah militia. c it , , Vol. II, p. 500. O\vyer,. cit., October, 18E<8, pp. 452, 4S3. pp. B. H. Robe rt.s , 70, 71. H. W. The QE. cit., Young, . cit., |
