On May 8, 1856, Marcus Parrott went up to Fort Leavenworth and had a talk with Colonel Edwin Sumner, in command, about the brewing invasion from Missouri. Since the Wakarusa War’s muddled end, Franklin Pierce had granted Wilson Shannon the authority to call out Sumner’s men to preserve law and order in Kansas. Pierce’s proclamation made only fig leaf gestures to neutrality, casting antislavery agitation as the more serious threat. But Pierce’s orders to Sumner (PDF), by way of Secretary of War Jefferson Davis, charged the Colonel with aiding the territorial government against both “insurrection” and “invasive aggression.” Davis’ orders focused entirely on the things that antislavery Kansans had done, reducing the threat of Missourian invasion to a single reference in passing. In that he followed the lead of the President, or the President followed his. We don’t know exactly how things worked out between them, but at least some of the time Davis seems to have had practical control of the executive branch.
Sumner noticed the omission and wrote back to the War Department. Did they mean for him to intervene also if Shannon called on him to stop invaders from Missouri? The Governor had tried just that back in December, but Sumner had demurred for lack of authority to comply on his own. He also seems to have asked about an invasion from parts more distant, whether Jefferson Buford’s men or some sort of armed Emigrant Aid formation. Jefferson Davis wrote back via the Adjutant General’s office on March 26:
in reply to the question as to where the men may come from, or whether armed or unarmed, is not one for the inquiry or consideration of the commanding officer. It is only when an armed resistance is offered to the laws and against the peace and quiet of the Territory, and when, under such circumstances, a requisition for military force is made upon the commanding officer by the authority specified in his instructions, that he is empowered to act.
Colonel Sumner had no authority to act against border ruffians. Should Shannon call on him, he must act in concert with them. Thus Sumner visited Lecompton on May 12, a few days after promising Marcus Parrott that he would look into things. He had bad news, which he shared with the Adjutant General:
Great excitement is prevailing in the country at this moment in consequence of the Marshal and Sheriff summoning large posses, without reference to the Governor, as they say to maintain the law.
Sumner informed Shannon that he would follow his instructions when called upon, to
arrest and hold subject to the orders of the civil authorities any men in the territory against whom writs were issued; and further, that in order to preserve the peace of the country, I would place my entire regiment immediately at any point he might designate.
Shannon, Sumner thought, wanted that badly to keep the peace. He had said as much back in December and now faced a situation much the same, down to the cast of characters. But Shannon didn’t think it proper to “assume the responsibility of controlling them under civil officers”. All of this sounds like Shannon wanted Sumner to go out on a limb face the consequences of intervention against the proslavery party.