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Judge McDowell on Jayhawking

Daily Times [Leavenworth, Ks],
November 5, 1861

In the District Court, yesterday, Judge McDowell in the course of his charge to the Grand Jury, commented on Jayhawking with such ability, eloquence and patriotism, that we publish that branch of his charge in full. The Judge said:

“I feel it to be my duty, Gentlemen of the Jury, to call your attention especially to a form of lawlessness commonly denominated “jayhawking.” It seems to be a word sufficiently comprehensive to embrace in its signification three of the worst crimes known to criminal jurisprudence, namely, murder, robbery and larceny. It is a monster of Western birth; and its defenders claim that Kansas has the honor of the birth-place. Insidious in its presentiments, it assumes to aid in the suppression of rebellion and the punishment of treason; and it thus endeavors to insinuate itself into the tolerance of loyal citizens by pretending to be clothed in the garb of patriotism. It is not the first time in the world’s history that the “livery of heaven has been stolen to serve the Devil in.” Good citizens and honest men should not suffer themselves to be misled or deceived by it, even though it should receive the quasi endorsement of editors or officials. Any thing that scoffs at law and order–that sets at defiance constituted authority–that ignores the rights of property–that mocks the safeguards of liberty and life, should be challenged in its bad career by every honest man, and promptly suppressed by those tribunals of our State which have in charge the punishment of offenders. . .”

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