Military Reminiscences of the Civil War, Volume 2: November 1863-June 1865Cox, Jacob D. (Jacob Dolson)
History
Military Reminiscences of the Civil War, Volume 2: November 1863-June 1865
Cox, Jacob D. (Jacob Dolson)
United States -- History -- Civil War, 1861-1865; United States -- History -- Civil War, 1861-1865 -- Personal narratives
"The sheriff came to me to know what would be our course if he
should raise the posse comitatus in obedience to the writ. My answer
was that the United States forces would use no aggression, but that
I wished him and the judge to understand distinctly that the writ
could only be executed by overpowering the United States troops in
open fight, and that it became all concerned to consider well before
they became overt traitors by levying war against the Federal
government; that I should regard them as public enemies at the first
overt act and use the utmost vigor against them; and that after
suppressing any disturbance they might create, my first duty would
be to arrest the judge and himself and hand them over to the United
States courts to be tried for treason. I likewise expressed my
surprise that in a matter which was avowedly an undisguised attempt
to bring the State authorities into open conflict with the National
government, he had not appealed to the governor of the State, its
chief executive (he being himself but a subordinate), for
instructions. As he professed embarrassment as to his duty, I told
him I would state what in my opinion a loyal sheriff should do in
such a case; and that was to make a written return upon the writ
saying that it could not be obeyed without levying open war against
the United States, and was therefore returned unexecuted.... In view
of the circumstances, I have thought best to lay the matter before
you, that you may, if you see proper, direct the sheriff to take no
steps calculated to bring the State and National authorities into
collision, without full communication with and instruction from
yourself as chief executive. I have no concern as to the success of
any forcible attempt upon Colonel Boone, but regard it as very
desirable that no such attempt should be made, and especially that
it should not be precipitated, without your knowledge, by the action
of the Probate Court of this county in overruling a decision of the
Supreme Court of the United States.
"I shall forward a copy of this letter to the Secretary of War for
his information, and have the honor to remain," etc.
Public-domain text, read in full here on John Shaqi.
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