Kentucky's Famous Feuds and Tragedies: Authentic History of the World Renowned Vendettas of the Dark and Bloody GroundMutzenberg, Charles Gustavus
History
Kentucky's Famous Feuds and Tragedies: Authentic History of the World Renowned Vendettas of the Dark and Bloody Ground
Mutzenberg, Charles Gustavus
Crime -- Kentucky; Vendetta -- Kentucky
It is needless for me to say that in a republic the employment of
the military arm in enforcing the law is of rare necessity, and
the occasion for its use should not be of doubtful propriety. The
law invests the civil authorities with ample powers to enforce
the observance of law, and expects those officers to exert their
authority with reasonable diligence. When this is done there is
seldom an occasion when the military arm can be employed without
detriment to the public interests and without bringing the civil
authorities into discredit. When a people are taught that they
are not themselves the most important factor in the conservation
of order in society, and that they must depend upon the exertion
of extraneous forces to preserve order among themselves, they
have lost their title to self-government, and are fit subjects to
a military despotism. I do not believe that any portion of this
Commonwealth has reached that degree of political degradation.
As far as Breathitt County is concerned, while there have been
acts of individual lawlessness, I do not find in your statement,
or from any other source, an evidence of any organized opposition
to the civil authorities. On the contrary, I am convinced that
a reasonable exertion of their legitimate power would cause the
masses of the people to rally to their support more effectually
than could be done in the presence of the military force. The
latter, whatever their numbers, could not influence, and ought
not to influence, the character of the testimony of a single
witness before the grand jury, but their presence would be a
confession of weakness on the part of the civil authorities before
they had made any attempt to discharge their duties, and to this
extent would lessen respect for their authority, and render the
subsequent discharge of their duties more difficult. A healthy
public sentiment, and not the presence of an armed force, is the
best support of government; and the powers conferred upon a circuit
judge, both as a judge, and as a conservator of the public peace,
are so unlimited that a firm and judicious discharge of his duties
will almost invariably mould public sentiment in support of his
judicial actions.
Under all the circumstances, I do not believe that the presence of
troops in Breathitt County is necessary to maintain the laws. With
every purpose to support the judicial tribunals in the effective
discharge of their duties, I feel constrained to decline the
request which you make to order a detachment of the State Guard to
Breathitt County. But if my own presence will be of any service
to you, I will take pleasure in accompanying you to the Breathitt
Circuit Court if you conclude, on reconsideration, to hold it.
Public-domain text, read in full here on John Shaqi.
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