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But Where Is the Thief Gone

[Marshall] Texas Republican, August 4, 1860

 Marshall, Aug. 3, 1860.

Editor Texas Republican:

Dear Sir:–A few days ago, the citizens of Marshall and vicinity held a public meeting for the purpose of self-protection against all persons who might be found inimical to our rights; that is to say, thieves, robbers, murderers, &c., &c. The people seem to be, and no doubt are, much concerned in the preservation of their rights and freedom from any molestation by such pests of society. At the meeting an organization was had with great unanimity, which proposed to aid the law in bringing such offenders to justice. At Marshall we have two Justices of the Peace, a beat Constable, a Sheriff, and a Mayor, besides others; and, in addition to these, the organization constituted a Chief of Police to strengthen the “aid of the law” proposed, and a large number of the people constituted themselves into a police for guarding the lives and property of the people, and also the organization of a Military company. I belong to the Police organization. I have no doubt of the propriety of all this now, or at any other time of emergency in aid of law.

Now, one case, and the first one under this effective union for self-protection. A few days after this organization a case happened to become apparent. A horse thief was caught in our very midst a veritable horse thief, in the person of _____ Robinson, given name not known, and the stealer of more than one horse according to his own showing. Robinson was caught in the vicinity of Marshall, on the 30th July past. Now let us see how the law was aided by these organizations. Robinson was kept in custody two or three days without warrant, as if the only object of his detention was to exhibit him at various points as a horse thief! His keepers were not to blame for they could not discharge him. He had stolen a horse within two miles of Marshall, and in Harrison county, Texas, and they were doing their duty to detain him till the law came. But it seems that the law with all its aids could not come to their relief. It is now the 3rd day of August and the 4th from the time of the apprehension and custody of said horse thief and I believe the law has not come yet. But where is the thief gone? Is the law stronger with these aids than without them?

If the law had no other aid than fidelity on the part of its officers in its proper execution, this thief would now be in the jail at Marshall to answer for his transgression committed within two miles of the prison. But he is not in jail! Where is he?

I hear people speak of the weakness of the law. They don’t understand what they talk about. The weakness of the law! The law is ample; full of life and energy. It arrests offenders and suspected persons with or without warrants and makes provisions for all cases. But its officers! What shall we say?

A vigilant police we have, and it is now doing good service, and bids fair to catch and bring every offender to the law, and the law if properly executed will be sufficient without those aids which intervene and bid defiance to law and transgress it.

Sir, can you tell where that horse thief is? and why it is that he is not in jail in Marshall to answer for his crime? How, sir, is the law to regain its former dignity and respect?

P.

These inquiries, it occurs to us are, in every respect, pertinent and [illegible]. We are no lawyer, and consequently are not prepared to instruct the officers of the law relative to their duties. But we do know what the public interests and the peace of society demanded in this case and what it demands in all other cases of a like nature. The parties who lost their property ought, as good citizens, to have had this man Robinson regularly committed, and if they failed to do so, it was the duty of the officers of the law, to have attended to the matter, and to have instituted such proceedings as would have led to his prosecution. It was a matter of notoriety that a thief had been arrested, and that among other things stolen in this town and vicinity, was the horse of a citizen of this county, living within two miles of Marshall. For several days this thief was paraded about our streets. We take it for granted that our officers were cognizant of the proceeding, and if they were not conversant with all the facts and reports connected with the affair, they were not as vigilant as they ought to be, or as the proper administration of the law requires. It is for them, and not for us to say why there was no action in the premises.

What has become of the thief? One report stated that he had got away. Another that he had been carried to Shreveport, in the State of Louisiana. A friend informed us, on Thursday, that he met three gentlemen that morning, about seven miles from town, with the prisoner hand-cuffed, proceeding in the direction of Shreveport.

Now, we object to such proceedings as we have detailed, for the reason, that their inevitable tendency is to produce contempt for the law, and to substitute in its stead anarchy and mob violence. Speculation was rife, in this community, as to what would be done with the thief, and the opinion was freely expressed that he would be lynched or hung before the parties who had him in charge reached Shreveport. We trust the suspicion was unjust and unfounded, for while we have no sympathy for crime of any sort, we look with what we conceive to be just apprehension and horror upon everything that tends to subvert the good order of society, and particularly by men whose social position demands that they should strengthen and preserve the law. And, in this connection, it is proper to say, that we have with pain heard leading citizens, from whose age, experience, and elevated character we expected different reflections, speak of the weakness of the law, and in terms of approval of the lyncher’s code! Do men reflect properly when they talk thus? Do they know what they are doing when they give encouragement to such a sentiment? If they are correct, we had better abandon all law, and substitute in its stead the course of proceedings which they recommend—the lyncher’s code! which all experience has shown surrenders the control of society, to the most vicious and depraved. But as our correspondent says, the law is not weak, but strong, and fully efficacious for all legitimate purposes. We venture to say that there is no State in the Union that has better laws than Texas, and no State where there is less chance for a thief to escape punishment. But good laws and a virtuous public sentiment are worthless, where officers are not vigilant, or citizens fail in the discharge of their obligations.

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