The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1843-08-25

In the last state Register we find q letter from
Gov. Ford to the Gov. of Missouri in reply to 4
demand from the latter for an armed force to as
sist the agent of Missouri in taking Smith. That
part Of the letter in which the governor gives his
reasons for refusing to comply with the demand
we subj in. In the first part Of hi, letter the 20
vernon recapitulat5s the circumstances attending
the recent arrest aud release Of Smith, which have
already been given in ,h.spapcr and then he pro.
ccods:
Now, sir, might safely rest my refu-
sal to order a detachment of militia to as
siSt in relaking Smith on the ground that
the laws of this state have been fully exc
cuted in the matter. A writ ha. been is
sued Tor his apprehension Smith was
unprecedented and was duly delivered by
the officer of tins state, to the agent of the
state Of Missouri, appointed to receive
him. No process, officer, or authority
Of this state has been resisted or interfer-
ed with. have fully executed the duty
which The laws impose on me, and have
not been resisted either in the writ issued
for the arrest OF Smith, or in the person
appointed 20 apprehend him. If there
has been y 2fesistance to any one, it has
been to lie officer of Missouri, after
Smith came to his custody; and after eve
ry thing had been done on my part which
the laws warranted me in doing.
Another objection to ordering a detach-
ment of militia arises out of the militia
laws of this state the lorty.thrd section
of which is as follows:
"When it may be necessary to call in
to actual service any part Of the militia of
this state on a requ!sltion of the executive
Of the United States, on an actual or threa-
tened invasion Of this state, or any Of the
neighboring states or territories of the
United States, the commander-in-chel
shall forthwith demand from each div-
sion detachment in proportion to the
strength thereof, except as hereinafter
excepted which order shall be delivered
by a special messenger to the several
commandments OF divisions, specifying the
number demanded from each division
the time and place of rendezvous, if or
dered TO march and if the same be de-
tached under any particular act of the
United States to endorse the same on such
order: Provided that whenever the safe
ty of any of the frontier settlements Of this
state, shall, in the opinion Of the Cover
nor, require it, he may exempt the mill
r tia in such settlements from being called
into service, and make such further pro-
visions for the defence as the necessity OF
the case may require; which exemption
shall be expressed in his orders to com
mandants of the divisions who together
with the commandments of brgades, reg-
ments, battaions and companies, shall go
vern themselves accordingly And provi-
ded also, that such miIlia-men may be re-
qulred as spies on their own frontiers
and that on actual invasion or dny ertreme
emergenCU the commander in chief,
commandments of divisions, brgades, bat
talons and companies may call on the
whole or any part of the militia under
their respective commands, as the nature
of the case may require, who shall con-
lnue in service, if necessary, until
the militia can be regularly called out"
The Governor has 10 other authority
in calling out the militia, than that which
is contained in this section. BY which it
appears that there must be either requi-
sition from the President; an actual or
threatened invasion, or some extreme
emergency to warrant the Governor in
exercising this power. No one Of these
contingencies has arisen. There has
been no requislton from the President ;
there has been no actual or threatened in
vasion of the state ; nor is this such an
extreme emergency as is contemplated by
the law. If we allow that force was ex-
hibitcd and threatened, to compel your
agent to carry your prisoner before the
municipal court Of Nauvoo that the
court there took cognizance Of the cause
without jurisdiction, and against the Goa
sent of your agent, it would amount at
most to riot and to resistance of au-
thorlty in single case, and that too I'M
der color of law and legal process. To
constitute an extreme emergency so as
to justify a call for the militia, there
ought, in my opinion, to be something
more than mere illegal act; something
more than a design to resist the law in a
single instance. The design ought to be
general as in treason, rebellion, or insur-
rcciion in which cases an universally
1 of design is essential to constitute the Of
fence, If person resist constable or
a sheriff, or other officer charged with the
execution Of process, with an intention
To resist the law in that particular in