Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-04-18
TIC His E1cellency Governor VIM G. Brownlow,
Nashville, Tennessee.
GOV. BRowNLow's REPLY.
Ill = IGse

! Hon. E. N. Stantoa Secretary of Var:
Your letter Of the 9th ult., relative to j. r. Nc
| Cam, ". @. Kahn and Reuben Roddie, now held il
custody by the civil authorities of Tennessee, Wa
! handed to me the day before yesterday, by John
Fleming Esq, just from Washington, acting a
counsel for the prisoners. stated TO Mr.. Fleming
| that was satisfied that had authority what
ever to release prisoner held in custody by on
! State Courts, before his trial and conviction
! and that / would take legal advice be
fore acted in the matter the being one of i'm
| portance. Upon reflection, however, l have con
cluded II write you from this point, and before M
! return to Nashville The facts in the cases of a
least two of the prisoners they understood il
| East Tennessee, do not harmonic with the repre-
sensations made to you. Mr.. Kain's acts were no
Justified by the rules of War;; and as to Mr.. Rod
die he quit the rebel service year before the sur
render of Lee, and crossed into Kentucky, where b.
took the oath and was paroled without his case be-
ing understood. But will not argue either case
If the parties tried and convicted in the Court
of the State, l will then pardon them, or decline t
do So according to the testimony In each case, and
my convictions of duty.
Tennessee was admitted into the Federal Union
in 1896, and during the seventy years Of her exis
tence as member of the Union there is not cast
on record in which her Executive has assumed such
power as is contemplated in the release of these
prisoners in advance Of q trial. Whilst | had DC
agency whatever in procuring the indictment Of
these prisoners; and whilst am ready in defense
of the right to shoulder all just responsibilities
not willing for the indignant curses of the en-
ragged and injured ULIOn men Of East Tennessee tC
be heaped upon me, for the exercise of authority
which they know that l am not authorized by law
or usage 10 exercise. The Court in which these
men were indicted was organized by my illustrious
predecessor, the Military Governor of the State
and the Judge who presided was commissioned by
him, before the commencement Of my administra-
OF ha tod hIyy II.
tary order, and sent TO Knoxville under military
guards, and turned over to the civil authorities
The defendant Kahn was arrested in Connecticut
by order OF the President at the request Of the civ
il authorities. They members of what is styl-
ed by the rebel authorities g drum-head court
martial and in that character are charged with
having ordered the execution OF three civilians by
hanging, whose only ofense was resolute espousal
ofthe national cause. have not examined the ndict
ments against them, but | understand they are
charged with other offences
Whether these men were properly or improperly
turned over TO the civil authorities; whether they
were only amenable to the military authorities ,
and whether their acts were justifabe by the laws
of war, are all questions which l have no legal or
constitutional power TO decide. l have an opinion
upon all these points, and you may very readily in
fer what that opinion is. The judiciary of this
State entirely Independent of Executive interior
ence, and an official direction from the Executive
10 even an lnlerlor COURT 10 aDanQOn prosecution,
would not and should not De approved by the
people.
therefore most respectfully decline 10 give any
direction to the judicial authorities at this place. in
relation to the to which you call my attention.
but leave the whole matter in the hands of the
Courts, who, have doubt, will aequiesce in any
order emanating from the President Inc military
authorities. 1t is proper for me to add that the
President has pardoned and paroled worse men than
these, and turned them loose upon the country; and
should be regard these men as "well and Loyalty
disposed and have no constitutional scruples in his
way, he will, of course, order their release.
I am, with the highest respect,
Your obedient servant,
w. G. BRowNLow
Governor of Tennessee.