| 705 him. If there has been any resistance to anyone, it has been to the officer of Missouri, after Smith came to his custody; and everything had been done on my part which the law warranted me in doing.
"Another objection to ordering a detachment of militia, arises out of the militia laws of this State; the forty-third section of which is as follows: 'Whenever it may be necessary to call into actual service any part of the militia of this State on a requisition of the Executive of the United States, on an actual or threatened invasion of this State, or any of the neighboring States or Territories of the United States, the commander in chief shall forthwith demand from each division a detachment in proportion to the strength thereof, except as hereinafter excepted; which order shall be delivered by a special messenger to the several commandants of divisions, specifying the number demanded from each division; the time and place of rendezvous, if ordered to march; and if the same be detached under any particular act of the United States to indorse [endorse] the same on such order: Provided, that whenever the safety of any of the frontier settlements in this State shall, in the opinion of the Governor, require it, he may exempt the militia in such settlements from being called into service, and make such further provision for the defense as the necessity of the case may require; which exemption shall be expressed in his orders to commandants of the divisions; who, together with the commandants of brigades, regiments, battalions, and companies, shall govern themselves accordingly. And provided also, that such militia-men may be required to serve as spies on their own frontiers; and that on actual invasion or any extreme emergency, the commander in chief, commandants of divisions, brigades, battalions, 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 continue in service, if necessary, until the militia can be regularly called out.'
"The Governor has no other authority in calling out the militia than that which is contained in this section; by which it appears that there must be either a requisition from
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