Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-12
nAsOR nccANN's CASE AGAIN.
An URehhrifRfIe Letter frOE Governor
EroWnIoW.

RroWnIoW.
Yesterday We published the letters Of
Gen. Grant and Secretary Stanton re-
/ specdng the case Of Maj. Mccain, with
the observation Of the Nashville BQ0aey
! that the "Governor cordially approved
the recommendations contained therein. p
We are sorry TO find the Ba1tHer slightly
astray, as viii be seen by the following
uncharitabie letter from Gov. Brownlow
| TO the Secretary Of War:
KNoxvILLE, priI c, Is55.
I To Z II. Stanton, Secretary OF War:
Your letter Of the 9th, in relation to
! J. 4. McCann, W. c. kain and Reuben
I Roddv, now held in custody by the civil
authority Of Tennessee, was handed to
me day before yesterday by John NJ.
Fleming Esq, Just from Washington,
acting as counsel for the prisoners. !
stated to hlr. Fleming that ] was satisfied
/ had no authority TO release a prisoner
held in custody bY our State courts be-
fore his trial and conviction, and that /
would take legal advice before ] acted in
the matter, the case being one Of lmpOr-
tauce. Up0u reflection, however, / have
concluded to write You from this point,
and before nv return 10 Nashville, the
facts in the cases Of at least two Of the
prisoners as they are understood IN last
Tennessee dc not harmonic With the
representations made TO You. ait.
Kain's acts were not justified by
the rules Of war, and Atr. Roddy quit
the rebel service year before The sur
render Of Lee and crossed into Kentucky,
l. . d .HnsNW Har1 HsTaN HaHN
without his case being understood. But
i will not argue in either case. If the
parties are tried and convicted in the
courts Of the State I viii then pardon
them or decline 10 do so, according to the
testimony in each case and my conYic-
tiong Of duty. Tennessee Was admitted
into the Federal Union i'm 1885, a0d dur
ing the seventy years Of her existence as
a member OF the Union there is not a
case on record ia which her executive
has assumed snch power as Is eontem-
plated in the release 81 these prisoners
In advance OF trial. Whilst 4 had no
agency whatever in procuring the indict-
ment of thes8 prisoners, and whilst am
ready, Ia defense OF the right, 70 shout
der all Just possibility i ain not viii
liAg f1r the indignant curses Of the en-
ragged and injGred Union men Of
East Tennessee - be heaped upon
me, for the exercise OF authority which
they know I am not authorized by
law q usage to exercise. The court
Ia which tp6se men were indicted was
oroauized by my ilins.gious predecessor
a. Military Governor of the state, and
ne iudas who presided WIS commits
stoned by him. before the commence
ment Df my ADMINISTRATION. Each OF
these defendants was arrested by military
order and sent 70 Knoxville under miil-
tarv guards. and turned over 20 the civil
raritv. The defendant, Kain, was
srTasteI-ln Con. secticut, by order q the
President. Al the request o. Ihe clvil au-
thorities They were members Of rilaL
is sivIed By the rebel authorities drum
head court martial, and ia that character
are charged with having OrdeTed lne
execution Of three citizens, by hanging
whose only ofense was their resolute e.
pousaI OF the national cause. nave
not examined the indictments agaihs!
them, but ] understand they are cnaIseu
with other ofienses. Whether these men
were properly or Improperly turned over
TO the civil authorities. whether they 4
were only amendable % the military au-
thorities, and whether their acts were 4
justifiable by the laws Of war, are 81 /
questions which 1 have TO legal or I
constitutional power 30 decide / have |
an opinion upon all these points, 4
anu YOU may readily infer what |
that opinio.; IS. The Judiciary Of this /
State Is entirely Independent OF Execu- |
tire interference, and an oiaciGl direction I
from the Executive, 20 even ah inferior I
court, would not Gad should not be APP
uroved by the people. J therefore most Z
rsspecffully decline 10 give any Girec-
tions 10 he judicial autAouties al this
,,Isce in relation 80 those Gases 70 which
ION call my attention, hut leave TIE
whole matter in the hands Of the courts, I
vino. have no doubt, will acquiesce in
s,sv order enanating from the President
or uili illitsrg sUt,.orities. IL is proper FOR
nss 70 add thst t3e bEss.ii2n5. has par
doned ana paroled worse faefl laan liie-~i
and turned them loose upon the connlr ~
and ahogld be regard sheae Hien - Wen
and loyaay disposed, and haye, 20 99n-
stitutiOnal scrupies IN MS way Is Hit4 y
course order their release.
am with the highest respect, your o9ellfnt
amt fsignedL W. g. BROWkLOWs
seTs' Governor Of gennessee-