Historian’s Office, Martyrdom Account, Draft

  • Source Note
  • Historical Introduction
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Note A.
knew this was illegal (for he had formerly been <​an Associate Justice of the Supreme Court of the ​> a <​Circuit​> Judge) and also when he was appealed to by Captain <​Robert F.​> Smith to know what he must do in the illegality of his <​as he had found his mittimus <​as a magistrate​> was illegal and therefore that it was a false committal.​>, replied “You have the Carthage Greys at your command. Captain Smith therefore commanded his “Greys” to execute and carry into effect his <​illegal​> mittimus as a magistrate; thus practically blending the civil and military in the same person, and at the same time; and the prisoners were violently and illegally dragged to jail without any examination, <​whatever​> or any sentence pronounced on them, while was <​in​> occupying, in person, the adjoining room <​to that​> from which they were thus taken. So much for his professions that the law must be executed.
<​​>
Thus a justice of the peace, acting as a military officer also, by virtue of his commission as such, orders his command to appear under arms, and to incarcerate the prisoners whom he had just before ordered the constable to commit to jail by mittimus ere they had been <​ without having been​> brought before him for examination; and the , having been himself at one time a judge upon the bench, knew and well understood the illegality of the above proceedings; he also well knew that military power and authority were <​had been​> used <​by one & the same person​>; and yet he, acting at that time as Commander in Chief, in a military point of view, which gave him at the supervision over his officers, and in fact, made him responsible for all their acts and movements, refused to interfere <​when requested by the prisoners to interpose his authority on their behalf against an illegal civil process,​> or <​& also refuse​> to countermand the order— this illegal, oppressing and unofficialike order of one of his captains. Moreover, having taken the oath of office, he was by virtue of that oath bound to see the <​civil​> laws faithfully executed, and not, as in [p. 16a]
Note A.
knew this was illegal (for he had formerly been an Associate Justice of the Supreme Court of the ) and when he was appealed to by Captain Robert F. Smith to know what he must do as he had found his mittimus as a magistrate was illegal and therefore that it was a false committal., replied “You have the Carthage Greys at your command. Captain Smith therefore commanded his “Greys” to execute and carry into effect his illegal mittimus as a magistrate; thus practically blending the civil and military in the same person, and at the same time; and the prisoners were violently and illegally dragged to jail without any examination, whatever , while was in the adjoining room to that from which they were thus taken. So much for his professions that the law must be executed.
Thus a justice of the peace, acting as a military officer also, by virtue of his commission as such, orders his command to appear under arms, and to incarcerate the prisoners whom he had just before ordered the constable to commit to jail by mittimus without having been brought before him for examination; and the , having been himself at one time a judge upon the bench, knew and well understood the illegality of the above proceedings; he also well knew that military power and authority had been used by one & the same person; and yet he, acting at that time as Commander in Chief, which gave him the supervision over his officers, and in fact, made him responsible for all their acts and movements, refused to interfere when requested by the prisoners to interpose his authority on their behalf against an illegal civil process, & also refuse to countermand the order— this illegal, oppressing and unofficialike order of one of his captains. Moreover, having taken the oath of office, he was by virtue of that oath bound to see the laws faithfully executed, and not, as in [p. 16a]
Page 16a