EXECUTIVE DEPARTMENT,
Frankfort, Ky., May 20, 1862.
Hon John, J, Crittenden
Dear Sir:

Enclosed I send you the letter of Judge Fowler, and a copy of the communication addressed to me last March, which will explain themselves The importance of the subject must be my apology for troubling one of your advanced age, onerous duties, and commanding position, with the request to lay them before the Secretary of War, in the confident hope he will coincide with me in the view I take of the matter, and issue an order, without delay correcting the high-handed outrage perpetrated by these military commanders upon the rights and persons of officers of the law engaged in sworn discharge of their duties. The laws are adequate to There is no wrong complained of that has not a remedy — It will not do, to substitute the will of Military Commanders for constitution and laws. We must not violate law to enforce law, or rather to substitute remedies for ^for evils against^ which the laws provide. To stand firmly by our

Federal and state Constitutions and laws as expounded by the Courts is our only hope. Without this all government and society will be a chaos. The policy here complained of, and the arrest generally of our citizens without charges warrant or oath is creating great discontent and excitement among our citizens and if persisted in will produce the worst results. In the name of the people of the state and for theeir peace of our people, I earnestly protest against it, and would respectfully suggest ^that^ instructions be given to those charged with Military duties in this state, that no arrests hereafter be made by them unless it be done in accordance with the laws, by performing charges, and that

a speedy investigation shall take place before the proper tribunal in the state This policy Iamconfidant will disapppoint [such] and vindictive enemies who are daily exposing by these misrepresentations upon military Commanders, protect numbers of unoffending citizens, give confidence and quiet to our people, and meet all the grievances complained of, I would suggest also that an order be procured from the Secretary of War, to have the charges against those now under arrest in Kentucky inquired into, and if ascertained to be innocent that they be discharged without delay — Many I understand are now suffering in Confinement, without Knowing for what they are imprisoned. I cannot doubt that all of our Members and Senators in Congress will cheerfully and zealously cooperate with you, if in your judgment their services

are needed, in urging upon the Secretary of War, favorable action in regard to these matters so important to the peace, quiet and safety of our people.

With great respect
Your friend & obt svt
B. Magoffin

Gov. Magoffin's letter to Hon. J. J. Crittenden

May 22. 1862