The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-06
THREATENED HosrILrrIEs IN KANSAS.


THREATENED HOSTILITIEs IN KANSAS
Rnmors have passed into circulation to the effect that
the President has authorized employment of the troops
OF the United States in the Territory Of Kansas aid the
local authorities in the execution of the laws No such
authority has been given In order to show exactly
has TRANSFERRED have obtained permission to publish the
following dispatches:
WEsTpoRT (Mo) Dec l, 1855.
desire authority to call the United States forces at
to the peace of this Territory
tect the sheriff Of Douglas county and enable him
the legal process in his hands, the civil
war inevitable An armed force of thousand men,
all the implements of it is said Lawrence They
have rescued prisoner from the sheriff. burnt houses and
sired This is the only to boodsbed Particu-
lars by mail.
WILSON SHANNON.
To his Excellency FaANKLIN PIERCE.
WAsHlNGTos, Dec ., 1855.
Your despatch received All the power vested in the Ex-
ecuve will be exered preserve order and enforce the
laws On the receipt OF your letter the preliminary
necessary be taken before calling troops will be
promptly executed and you will then be fully advised.
FRANKLIN PIERCE.
To WILSON SHANNON,
Governor of the Territory of Kansas
IT to be observed that the present is the first occasion
which the interposon of the President has been
voked in reference to any difficulty arising under the
for the organization of the Territories of Nebraska and
Kansas In fact there has been great misrepresentation
the public mind to the powers of the Executive in this
relation. Those powers strictly defined by law and
very limited Under the constitution it true the Presi-
dent is to take that the be faithfully executed
but his authority this subject is to be construed
in snbordinaon to the provision of the constitution
which declares that Congress shall have power to
provide for calling forth the militia to execute the
laws of the Union, suppress Instructions, and repel
invasions. Accordingly, Congress has enacted laws
applicable in terms the contingency of instruction
in any State against the government thereof. The
present Of resistance to the laws of the Terri
tory that of Kansas to which the rule of action APP
plies however, in the of State in consideration
that by the act Of Congress organizing this Territory
as well as Others, il is provided that the constitu-
ton, and all laws of the United States which are
not locally inapplicabe, shall have the force
and effect within the said Territory of Kansas as
elsewhere within the United States, with exception of
single clause of act not material to the question
Assuming this them the statute provision of the act of
1795 is that in Of nsurecon in any State (or Ter
ritory it shall be lawful for the President of the United
States application of the legislature thereof of the
executive when the Legislature cannot be convened to call
forth such number of the militia of any other State
States may be applied for, he may Judge sufficient
epress such instruction. BY subsequent actthat
Of lso7-it is provided that in all of instruction
obstruction to the laws Of any State Territory
where it is lawful for the President TO call forth
the militia for the purpose of suppressng such nsur-
recton, or of causing the laws to be duly executed
shall be lawful for him employ for the purposes
such part Of the land naval force of the United States
shall be judged necessary having first observed all
prerequisites Of the law in that respect Among the pre-
requisites here referred it is well understood
of proclamation commanding the insurgents TO dis
perse and retire peaceaby to their respective abodes
within limited time. The proclamation must undoubtcd-
lprecede the actual of the military force but not
necessarily the requisite to prepare and assemble
it in order to enforce obedience to the proclamation
is further to be observed that the present in far
the facts appear, is resistance not any law of the
United States but to law of the Territory and the power
of the President is greater in tho former than the latter
case for if obstruction of Congress involved
the marshal of the Territory might the posse
ta,us to aid him in maintaining his authorityhat is the
entire population othe Territory Buhcre the law to beexe
cuted being of tho Territory and the ministerial officer
the sheriff Of county, nothing regarding it be done
by the President until his nterposiion be invoked for the
legislature the governor of the Territory In the former
the President might give direction but in the latter he
cannot