Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-13
ttniun and american.
SUNDAY. MAY IL, 1866.


LETTER FROM MAI. J. II. MCCAIN.
The following interesting letter from Maj.
r. McCann-now and for many months
imprisoned at Knoxville by the tyrany Of
the present Brownlow government--appears
in the Gdsete Of this city. 1t speaks for
itself:
KNOXVILLE JAN, May 10, lsGG-My
case having been before the public for
some time, | deem it not improper to
make short statement When the question
Of secession first came up, j was bitterly op-
posed 10 IT, So much so, that although an
humble citizen, at the solicitation of friends
who were of the same opinion, and as great
men, who thought as | did, were scarce, /
consented to do the best could, as an advo-
cate before the people, to sustain the princi-
piles which ] then believed would perpetuate
our national existence We were successful
for the time, but short while afterwards
the public mind seemed TO change in another
direction, and the greatest Of civil wars was
the consequence. Being a native Of the
South, and all my feelings and interests
identified with the people of the South !
took up arms in her cause, and remained in
her service until the close of the rebellion.
Ny fortunes as a soldier having been some
what varied, sometimes the victor, and again
the vanqushed, / was captured Just before
the fight at Chickamauga, and held priso-
ner Of war for seventeen months. ] was
specially exchanged a few months before the
close Of the war, and was subsequently or
dered 10 rendezvous my command az Macon
Georgia.
On my arrival at Augusta, | met John A.
Fisher, the then Cashier of the Bank Of
Tennessee I'VE had been old friends be-
fore the war; He stated TO me that those
were troublesome times, and that he would
be glad if / would remain at Augusta for a
short time, and assist him in taking care Of
the Bank, as he was in continual dread that
amob might attempt to plunder the Bank.
At that time it was a foregone conclusion
that the fate Of the Confcderacy was sealed.
remained with the Bank until the surren-
der Of the armies Of Gen. Lee. After con
sultation, they Chat is the officers Of the
Bank concluded to send some one that they
could trust to see Governor BrownlOw, with
q statement Of the effects Of the Bank, and
an expression Of their disposition to return
the Bank TO its legitimate owners, the peo-
pie Of Tennessee. They paid me the COM
pliment to select me for that important mis-
sion. which duty performed TO the best of
ability. After remaining at home some
three months taking the amnesty oath,
which President johnson, by authority of
the United States offered to the poor broken
up soldiers Of the South, / was arrested by
the military and thrown into a military
prison. notwithstanding had the Presidents
amnesty, and parole of General Grant in
my pocket assuring me of protection for
all acts committed either directly or indi-
rccilv IN aid Of the rcbellion;" ! was then
turned over to the civil authorities of East
Tennessee for trial for an alleged crime,
which General Grant, after full investiga-
tian has declared to be no offence against
civil nor military law
Not only thatdistinguished soldier but the
Attorney General Of the United States, the
Hon. Judge Trigg, District Judge Of the
United States, and every other learned
Judge Of the law that has had similar cases
up before him have so decided and there
are many. That great and good man, Alex
andcr Hamilton, says: that as the eXclu-
sive right of making peace and declaring
war belonged TO the great Federal head of
the nation, every treaty made by their au-
thoritv was binding upon the whole people,
uncomfortable by any legislature; and thatany
legislative act in violation of the treaty, was
illegal and void and that upon different
construction the Confederation instead of
cementug an honorable Union would be a
parGdious snare" Now, what would have
been thought Of me or any soldier who
should ask a garrison Of our opponents to
surrender, with an assurance OF protection,
and then to have basely violated our pledge!
Would not the whole civil and military
world, dcnounce us a recreant to every prln-
ciple of honor2 and yet that is precisely
r 4 -, ,nf,t Of lnn
United States, for they gave us their written
promise of protection, and have violated
II i'm every sense of the word. Ii is
no excuse TO say that we are in the hands
oc a State court What excuse would II be
for General Grant TO forfeit his pledge of
protection, because we had been turned over
10 an inferior officer None, with that great
soldier. Then how much more does II ap-
ply when the honor Of the Government
of the United States Is at stake? What as
gurance has any Confederate soldier that
he will not be thrown into prison, at the
mere caprice Of some insi gniiicant little Cir
cult Court?
|. together with two other officers, have
been confined for over eight months in Jail
at Knoxville, for an alleged act committed
while we were soldiers. Now, we have in
yited a trial before a military court, and in
fact any court of justice in the world. AT
the last term of the court in Knoxville, the
Attorney General said he was not ready for
trial, ON account of the absence Of witnesses.
NV counsel then asked him 10 make atlida-
Wit rs 10 what lac expected 10 prove by the
ahscntees, which he did. We then agreed TO
admit all he said he could prove as testi-
monv, and they would not come TO trial. |
challenge the world 10 show a single instance
Of equal cruelty to a prisoner since the conf
mcncement Of the war. Then, why should
be selected out of sixty thousand brave, but
unfortunate men, TO bear unnecessary pun
ishment. is beyond my comprehension
Gen. Grant, as true soldier, has done all
in his power 10 effect my release; whilst
Gen. W. b. Hazen, who Investigated the
case, without compromising his fealty to the
United States, or his dignity as an officer
has done everything to release nae from my
unjust imprisonment and has illustrated th'
truth of those words Of the poet:
"A brave man knows no malice
But an peace forgiycs the injuries Of war,
And gives his dircst foe iricnds embrace.
And to those gallant officers | tender my
grateful acknowledgements.
J. X. McCANN.