Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1855-12-20
WEsTPoRT, Mo-, Dec. l, 1855.

lish the following dispatches,
WEsTPoRT, Mo-, Dec. l, 1855.
/ desire authority to call on the United |
States forces at Leavenworth to preserve
the peace of this Territory, 10 protect the .
Sheriff of Douglas county and enable him
to execute the legal process in his hands,
If the laws are not executed, civil war is in |
evitable. An armed force of one thousand |
men, with all the implements Of war, it is |.
said, are at Lawrence. They have rescued
prisoner from the Sheriff, burnt houses,
and threatened the lives of citizens. I'm
mediate assistance is desired This is the
only means to save bloodshed Particulars
by mail. WILSON SHANNON.
To his Excellency, Franklin Pierce.
WAsHIHGToY, Dec. 3, 1855.
Your dispatch is received. All the pow
er vested in the Executive will be exerled
to preserve order and enforce the laws
On the receipt of your letter the prelimi-
nary measures necessary to be taken be-
fore calling out troops will be promptly ex-
ecuted, and you will then be fully advised.
FRANKLIN PIERCE.
To Wilson Shannon, Governor of the
Territory of Kansas.
1t is to be observed that the present is the
first occasion on which the interposition Of
the President has been invoked in reference
TO any difficulty arising under the law for
the organization of the Territories of Ne
braska and Kansas. In fact, there has
been great misapprehension in the public
mind as to the powers of the executive in
this relation. These powers are strictly de-
fined by law, and very limited. Under the
constitution, it is true, the President is to
take care that the laws be faithfully execu-
ted but his authority on the subject is to be
construed in subordination 10 the provision
of the constitution which declares that Con-
gress shall have power to provide for call
ing forth the militia to execute the laws of
the Union, suppress instructions and re-
pei invasions. Accordingly, Congress has
enacted laws applicable in terms to the con-
tingency of insurrection in any State against
the government thereof. The present case
is one of resistance to the laws of the Ter
ritory, that of Kansas, TO which the same
rule of action applies, however as in the
case of State, in consideration that by the
act of Congress organizing this Territory,
as well as others, it is provided that the con-
stitution, and all laws of the United States
which are not locally inapplicable, shall
have the same force and effect within the
said Territory of Kansas as elsewhere
within the United States, with the excep-
tion Of single clause of an act not mate
rial to the question. Assuming this, then,
the statute provision of the act of 1895 is
that in case of insurrection in any State or
Territory, it shall be lawful for the Presi,
dent of the United States, on application oI
the Legislature thereof, or of the Executive
when the Legislature cannot be convened
to call forth such number Of the militia oI
any other State or States as may be applied
for, or as he may judge sufficient to repres'
such insurrection.
BY subsequent act, that of 1907, it is
provided that in all cases of insurrection ol
obstruction to the laws of any State or Ter
ritory where it is lawful for the Presiden
to call forth the militia for the purpose o
suppression such insurrection, or of causing
the laws to be duly executed, it shall b.
lawful for him to employ for the same pur
poses such part of the land or naval force
of the United States as shall be judged ne
cessary, having first observed all the pre-
requisites of the law in that respect
!, Among the prerequisites here referred tc
it is understood, is the issue of proclama
e ton commanding the insurgents to dispers
e and retire peaceably to their respectiv
: abodes within limited time. The procla
nation must undoubtedly precede the actu'
d use of the military force, but not necessa
e rily the measures requisite to prepare an
assemble it in order to enforce obedience
II the proclamation.
1t is further to be observed that the pre-
snt, in so far as the facts appear, is resi-