| 698 judgment of such judge or judges, why said militia should be called out to defend any portion of the citizens of said county. The following is the course of procedure: Affidavit is made before one or any number of the judges, setting forth that the citizens of said county, or any particular portion of them, is either invaded or threatened with invasion by some unlawful assembly whereby their liberties, lives, or property may be unlawfully taken. When such affidavit is made to any one of the judges or all of them, it is the duty of him or them before whom such affidavit is made, to issue an order to the sheriff of the county to make requisition upon the commanding officer of the militia of said county to have immediately put under military order such a portion of the militia under his command as may be necessary for the defense of the citizens of said county.
"In this way the militia of any county may be called out at any time deemed necessary by the county judges, independently of any other civil authority of the State.
"In case that the militia of the county is insufficient to quell the rioters, and secure the citizens against the invaders, then recourse can be had to the judge of the circuit court, who has the same power over the militia of his judicial district as the county judges have over the militia of the county. And in case of insufficiency in the militia of the judicial district of the circuit judge, recourse can be had to the Governor of the State, and all the militia of the State called out; and if this should fail, then the Governor can call on the President of the United States, and all the forces of the nation be put under arms.
"I have given this expose of the internal regulations of the affairs of Missouri, in order that the court may clearly understand what I have before said on this subject, and what I may hereafter say on it.
"It was in view of this order of things that General Doniphan, who is a lawyer of some celebrity in Missouri, gave the recommendation he did at Far West, when passing into Daviess County with his troops, for the defense of the citizens of said county. It was in consequence of this that he said that those of Caldwell County which went into Daviess
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