Smithland Ky. May 23^d. 1862
His Ex. B. Magoffin
Dear Sir

I did not receive your dispatch until after my last to you from Paducah. I was under parol of honor to attend, besides Col. Bunch of Henderson and Ben P. Cissel of Morganfield desired my presence to assist them to get release, they having been arrested and bound to appear on that day I have failed so far to succeed in geting them discharged. When they were first taken at [Marion], they refused to take the required oath presented at that time, After geting to Paducah they concluded to do so, but when we arrived at the office of the Military Commission and Provost Marshal, the oath with an additional stipilulation was tendered to them and they required to take it before they could be set at liberty; this they declined to do, and were still detained until I left there yesterday at 7. P.M. The following is a copy of the oath.

"I [...] of [...] County and State of [...] do solemnly swear that I will Sup=

=port, protect and defend the Constitution and government of the United States against all enemies whether domestic or foreign; that I will bear true faith and allegiance and loyalty to the Same any ordinance, resolution or law of any State notwithstanding: and further that I will well & faithfully perform, all the duties which may be required of me by the laws of the U.S. And I take this oath freely and voluntarily without any mental reservation or evasion whatsoever, with a full and clear understanding that death or other punishment by the Judgment of a military Commission. will be the penalty for the violation of this my Solemn oath and parole of honor" {Seal}

Duplicate"

The objections urged by the two gentlemen were that they had very repeatedly taken the oaths prescribed in our Constitution and laws; that they knew of no law, that required them to take the one presented but more earnestly they objected to the surrender of their rights if proceeded against for its violation from the civil to a military tribunal, and hence declined. We were all informed by Col. Noble that Genl. Sherman when leaving him in command directed him ^(not)^ to ^ regard the civil authority of the State

under the control of the Military authority of the U.S., that no interference was to be had with the county and the administration of the laws but every assistance was to be rendered unless a military necessity should exist, in that event the Military would control, that the oaths to be used were according to his instructions from his Superiors and could not be modified.

I promised my two friends when we parted on yesterday I would write to you, besides I feel it a duty to impart to the Executive department the progress of events as they are transpiring involving important principles, these perilous times.

I yield to no man in my Solicitude for a termination of this unnatural Strife and a restoration of the Union with all its guarantees, but none will be found more Stubborn when required to yield civil authority to the control of the Military or any attempt to establish a Military despotism with me I, shall never agree that any necessity can exist to break down the constitution and laws in order to preserve them. Let the power once find its lodgment then I predict it will not be tamely returned, it will take a revolution to get it back.

Most Resptly Yr. Obt Svt
W. P. Fowler

Letter of Hon. W. P. Fowler to Gov. Magoffin

copy

Forw^d. to Washington
May 3.0. 1862