| 406 in chief in case of actual or threatened invasion, insurrection, or war, or public danger, or other emergency, to call forth into actual service such portion of the militia as he may deem expedient.' These, together with the general provision in our State Constitution that 'the Governor shall take care that the laws are faithfully executed,' are all this branch of Executive powers. None of these, as I consider, embrace the part of your request. The words, 'or other emergency' in our militia law seem quite broad, but the emergency, to come within the object of that provision, shall be of a public nature.
"Your case is certainly a very emergent one, and the consequences as important to your society, as if the war had been waged against the whole State; yet, the public has no other interest in it, than that the laws be faithfully executed; thus far, I presume the whole community feel a deep interest; for that which is the case of the Mormons to-day, may be the case of the Catholics to-morrow, and after them any other sect that may become obnoxious to a majority of the people of any section of the State. So far as a faithful execution of the laws is concerned, the Executive is disposed to do every thing consistent with the means furnished him by the legislature; and I think I may safely say the same of the judiciary.
"As now advised, I am of the opinion that a military guard will be necessary to protect the State witnesses and officers of the court, and to assist in the execution of its orders, while sitting in Jackson County. By this mail I write to Mr. Reese, inclosing [enclosing] him an order on the captain of the 'Liberty Blues,' requiring the captain to comply with the requisition of the circuit attorney in protecting the court and officers and executing their precepts and orders during the progress of these trials. Under the protection of this guard your people can, if they think proper, return to their homes in Jackson County, and be protected in them during the progress of the trial in question, by which time facts will be developed upon which I can act more definitely. The Attorney General will be required to assist the circuit attorney, if the latter deems it necessary.
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