Eaton Democrat. [volume] (Eaton, Ohio) 1843-1856, 1855-12-13
The Power of the President to Order Troops to
Kansas,

Those persons who have been censuTing
the President for not having acted according
10 their wishes IN Kansas matters can read
with profit the following lucid statement ofthe
Washington Union, in respect 10 the power
the President has in the premises. The Union
says:
at is to be observed that The present is The
first occasion on which the inte:poSilion oftLe
President has been invoked in reference 10 any
difficulty arising under the law for the orgOni.
zation Of The Territories Of Nebraska and Kan
sas. In fact, there has been great misappre-
hcnsion in the public mind as 10 the powers OF
the Executive in this relation. Those powers
are strictly defined by law, and very limited.
Under tke Constitution, it is true, the PreSi,
dent is 10 take care that the laws be faithfully
executed; but his authority on this subject is
to be construed in subordination 10 The provi-
sion of the Constitution, which declares that
Congress shall have power 10 provide FOR call
ing forth the militia 10 execute The laws ofthe
| Union, suppress Instructions anC repel inva
sions. Accordingly, Congress has enacted
laws applicable in terms 10 the contingency oil
instruction in any State against the govern.
ment thereof. The present case is one Of re-
s~istance 10 the laws of The Territory, that OF
Kansas, 10 which the same rule Of action ap-
plies, however, as in the case OF a State, in
consideration that by the act of Congress organ
izing this Territory, as well as Others, il is
provided that the Constitution, and oil laws
OF the United States which IRE not locally in.
applicable, shall have the same force and ef,
feet within the said Territory of Kansas else
where within the United States, with exception
Of a single clause OF an act not material TO the
question. Assuming this, then, the statute
provision of the act OF 1895 is, that, in case Of
instruction in any State, Tor Territory il
shall be lawful for the President OF The United
States, on applica, lion Of The Legislature there.
OF, or of the Executive when the Legislature
cannot be convened, 10 call forth such numbe
OF the militia OF any other Stale or States as
may be applied for, or as he may Judge sufii-
cient 10 repreSs such instruction. BY o sub
sequent act-th0t OF 1807-it is provided that,
in all cases OF Instruction or obstruction 10
the laws Of any State or Territory where il is
lawful for the President 10 call forth the mill.
Tia for HE purpose Of SuppresSlng such insur-
~Tection, or OF causing the laws 10 be duly exc.
cuted, il shall be lawful for lin 10 employ fol-
the same purposes such part Of the land or ma
val force OF the United States as shall De judged
Necessary, having first observed all the pre-.
requisites OF The law in that respect. Among
the prerequisites here referred 10, it is well UNI
l%elstood, is the issue Of a proclamation COM
mandipg the insurgents 10 disperse and retire
peaceably TO their respective abodes within a
Ii lied time. The proclamation must un-
ioubtAlly precede the actual use of the militia
ny force, but not necessarily the measures req
uisite 10 prepare and assemble it in order 10 en-
force obedience 10 the proclamation.
alt is further 10 be observed that the present,
in so far as the facts appear, is resistance, not
10 any law of The United st les, but 10 a law
Of The Territory, and the power OF the Presi-
dent is Seater in the Iormer than in The latter
case; for, if obstruction 10 an act Of Congress
were involved, the MARSHALL OF tie Territory
nigh. summon the posse cOmitafuS 10 aid him
in maintaining his authority-Ihat is, the en-
lire population Of the Territory. But here, the
law 10 be executed being one of the Territory,
and the ministerial officer the sheriTofa coun-
ty, nothing regarding il can be done by The
President until his interposI,ion be inyoLed for
the emergency Of instruction, and at the call
either OF the Legislature Oh the Governor of the
Territory. In the former case The Preside mt
might give direction, but in the latter he can
nOt,p