Wiley P. Fowler to Beriah Magoffin

KYR-0001-023-0153.xml

Accession Number

KYR-0001-023-0153

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, 1859-1862

Item Location

MG1-303 to MG1-304

Place of Creation

Smithland, Livningston County, Kentucky

Date of Creation

15 May 1862

Dates Mentioned

1862-05-15

< Copy >

Smithland Ky May 15^th 1862.
Gov. B. Maggoffin,
Dear Sir,

On tuesday morning last while holding the Crittenden Circuit Court, a body of cavalry from Paducah visited the Court house. A short time before court opened I had an interview with Capt Stacy the commander and asked him if the object of his mission would interfere with the business of the Court. He informed me he supposed it would not.

Shortly after court was opened; the members of the bar, Jurors litigants &c came in to the Court room. Business had progressed by a few minutes when I discovered that the doors were guarded by armed men. Capt Stacy then approached the bench and delivered to me a document, a copy of which is herewith forwarded. After inspecting it I was permitted to read the same to all present having first been informed by the Captⁿ that the doors were under guard.

Having exercised the best judgement I could under these circumstances I refused to comply
with the order and declined to yield to any dictation by military authority as to the discharge of my duties as presiding officer of the court, and orderd an immediate adjournment until court in course. I was immediately informed that no person was permitted to leave the house and was then detained for a short time and finally informed that I was under arrest to appear before the command at Paducah — 21^st inst^c being agreed upon as the time. There were some four members of the bar who refused to take the oath presented by the captain; they were also arrested and gave bonds for their appearance at same time. Thus ended this (to me) extraordinary scene.

I shall, on this account, fail to attend the first week of the Hopkins Court, perhaps any part of the term.

It is proper I should say, that Capt Stacy informed me after the adjournment, that he was not apprised of the contents of Col Noble's order at the time we had the conversation in the morning, before the Setting of Court.

I have thought proper to report the
case to you, that you may use it in the manner best calculated to answer the best purpose for the public interest and to prevent any further interference with the courts and the administration of the laws of the commonwealth I apprehend a repetition unless some authority interposes to prevent it.

I should like to hear from you on this subject as soon as possible

Respectfully
Your obed^t Serv^t
(Signed) W. P. Fowler.

Fowler to Gov. Magoffin

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