Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-16
The Cnse of Frank u. GurIeY.

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ring an unnecessary or frivolous request
The iron band around his waist, connected
by chain TO the manacles upon his feet
produces soreness, and, together with tn,
handouts placed upon him at night, disturb
and 20 a great degree, prevent his rest. l an
satisfied that an examination of the mas
siveness and great strength of the jai
building, will convince YOU of the impos
sibility of the prisoners escape. There
fore, General, as a matter of humanity
/ prefer this request, feeling warranted
in SO doing by the relation | bear to the
prisoner, and the limited but favorable
| knowledge which / have of your personal
character. This is not however, the only
motive which prompts me TO address you
| this communication. | should deem myself
truant to the interest of my client, and in
| different to the condition of our common
country, if | did not go still further, and,
in this connection, place frankly before you
considerations of higher and more genial
character We are all now in fact, and |
trust soon will be in feeling, American citi-
zens. 1t Is the duty of every right-minded
man North and South }, to allay the preju-
dices which have grown out Of the late war
and to assist in the restoration of that true
allegiance, which springs, not from contracts
and registered oaths alone, but from the
heart. From this stand point, | ask your
attention and that Of the public generally.
Gurley's late election, to the office Of
sheriff Of this county, was wrong under the
circumstances, and justly and properly gave
rise to the belief that his rame was thus
used as an organ, through which disloyal
and prejudiced men, uttered their spleen and
hate. His arrest and imprisonment, as a
retort upon all such, is proper and right
for If we are to have government, honor
able men, will, sooner or later learn that
the Oath Of Allegiance was expected to carry
with it something else than vindictiveness
and malice How many, or how few, were
thus influenced, it is impossible to say. In
my judgement of those who voted for him,
they were not the most respectable in influ-
ence or in numbers. A large proportion of
this community have no participation in
the folly and nonsense of others, who nurse
their wrath to keep it warm, and where in
sane conduct exposes every one TO miscon-
structioD, and even the innocent to punish
ment. But there are those among us who
are thoughtless, and, in the matter of this
election, have blindly drawn too strongly
on magnanimity itself-there are others
whose sympathies, easily touched by facts
not duly considered, have followed them up,
until good sense accredits ,hem with very
different motives.
These opinions state in candor and fair
ness, well knowing they fall short of your
own honest convictions.
Tho inference which is drawn of hostility
to the Government, from the interest now
manifested by all classes Of society, in be-
half of Gurley, is, in my belief unfair and
Legitimate. In this connection allow me
to say a word
1t is no purpose of mine to argue the facts
in Gurley's case, or to question the motive
or action of any tribunal, before which he
was convicted. The popular mind in both
sections was made up at the time, and my
purpose is to have the one to which belong,
properly understood and fairly appreciated.
On the one side, he is believed to be the
murderer of Gen McCook, one of Ohio's
most chivalrous and gallant sons. That
opinion is backed by the findings af a mill
tary commission, and has become a settled
popular conclusion.
On the other, assert that there is not a
citizen of North Alabama, especially in
this country, where Gurley was born and re-
tired who knows, or processes to know any
thing of that transaction-no matter of
what complexion in politics he may be, who
thinks that verdict correct or that Gurley
was guilty as then and there, he was found
TO be. More than this, | assert that at this
line, the impression is universal, that if the
Government would now, in peace and quiet, |
give him a trial, he would be, by it, ac-
Quilted. Nor is it intended 20 be insinuated |
by this, that his trial was purposely unfair, |
or any advantage wilfully taken of him. |
1t was not in the nature of things that it |
could have been satisfactory.
The war was at its height the hot blood of |
both, so freely shed, was at fever heat; the |
s,orm Of popular feeling, never so high as
when mingled with grief for a fallen hero,
turned the current all one way, as The |
breath of the tempest does the leaves of the |
forest. His trial took place under these |
terrible restraints, nota witness who belong |
ed to Gurley's command could be sum- |
moned, or was present at it. In this light, |
despite what others may think, this commu-
nifty regard it. Besides, General he was eX-
changed, paroled, sent back to his home and |
friends, with others, and it is but natural |
that they should conclude all proceedings |
against him TO an end. Could they have fore
seen the result of their action, in the light of |
subsequent events had it been known that |
this procedure on the part of Government |
arose from a mistake, be assured their action
would have been different.
How much of prejudice General, there
may be in both the conclusions referred to,
in fear of being mistaken, | will not under
take to say. Speaking with all the candor
and truth at my command, it seems to me,
a good deal has been admitted. You are
from Illinois; am an Albanian. How much |
your sympathy for the gallant McCook, IA |
native of your section, may lead you in the |
one direction-how much the fact that |
stand in the same relation to Gurley, may |
lead me in the other, l will not pretend to
decide. Nor is it necessary that there be |
either Judge or judgment on either side. The |
situation of Gurley is not such as on that |
trial. To this ! point your attention. Thewar |
is over-the cause you represent, and with |
which your name III history will be asso- |
ciated, is triumphant The true soldier fears |
nothing much less does he fear TO be mag |
unanimous. His protection against treachery |
and ingratitnde, should he meet it, is in his |
strong arm and keen weapons. In this mat |
ter Alabama speaks directly to Illinois. in |
times past, and upon the issues which made |
this fratricidal war, your people and mine |
were together. The humble prisoner hira-
self was follower of Douglas Let the |
shades of oblivion cover the past; and if all |
cannot be forgotten and forgiven just now,
still let nothing be done which may give
cause, constantly TO recur on the one side to
the gallows, on the other 10 the grave.
| have written rs a citizen, as an Az
torney; but now as a man incapable of in
di ference | trust, when that would be agi-
tated, or, of science, when the prompting
would be fear, invoke the clemency Of the
Federal Government in behalf of the man
who, with his now pinioned hands, protect
ed citizens Of this city from arrests and I'M
prisonment, myself among the number, and
drove with his own command the vile repre-
sentative of irresponsible power and unnat-
ural hate, in disgrace and ignOminy from its
streets.
Respectfully, MICH. DAVIS.
To Maj Gen. ericsson,
In reply TO this letter, We understand that
Gen. Grierson had Gurley promptly reliey-
ed of the manacles of which he complained.
Repeal OF the Repatriation Law.
From the Louisville Journal
1t gives us much pleasure to record the