The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-14
VIEWS OF SECRETARY STANTOR.


An application for the release of j. r. McCann,
W. u. Kan, and Reuben ROddy, late OF the Rebel
army, now held as prisoners az Knoxville under In
document IN our State Courts, mas been made to
General Grant, VITO forwarded it to the Secretary
OF Mar VITA the following endorsement:-
HEADQUARTERS ARMY UNITED STATEs, March
10, 1861 Respectfully forwarded to the Secretary
Of War with the recommendation that the prisoners
j r. MCCann, W. c. Haip, and'Reuben Roddy, be
III conditiOnaIy releaSed-ihe acts for which they
were arrested and confined having been committed
when civil law was suoverted and IN their capacity
Ii they are not released would respectfully urge
that instructions be gvon tor their immediate trial
U. S. GRANT, Lieutenant General.
LETTER FROM SECRETARY STANTON.
Subsequently the Secretary OF War addressed the
following letter TO Governor Brownlow:-
WAR DEPARTfI ENT, WASHINGTON CITY, March
81 1866 -Sr;-The attention OF this Department
has been directed TO the cases of j. McCann, VIC.
McKaIn, and Reuben Rodby, late Rebel prisoners
Of discharged on narO O. who no he d IN
custody by the civil authorities o. Tennessee, to
answer indictments against acts done dur
ing the ReUtlnon. The accused allepe thar at the
time OF the commission OF the acts for which they
indicted they were Ill the Rebel military and
that their acts were justified oy the laws OF war
cogniZaDe only by military authorizes. and also that
under the parole they gave as prisoners of war, they
cannet be lawfully held TO answer for their prior
during the
Without deciding the questions presented by
their Defense 1t would be desirable to avoid any pos
slb conflict of authority unless required by the
public welfare. l wou Il therefore suggest mat if
you could direct the civil prosecutions to be aban
doned. leaving the parles 10 the cognizance of
military tribunals. Tor their alleged ofenses, ali
possibility OF conflict between military and civil au-
thorties would lie avoided. 1 would, therefore, re-
spect fully ask you to do So
should De glad to hear from you whether this
course meets our approval.
Very respect tuly, our obedlent servant,
EDWIN NJ. STANTON, Secretary of War.
To his EXceency Governor w. q. BrJWnOw,
Nashville, Tenn.
GovTRNoR BRowNLow's REJoINDER.
To this letter Governor Brownie " has replied as
fol ows:--
Knoxville, April 6, 1865 Hon. L. NJ Stanton,
Secretary OF Your letter oil the 9Th ult,
latlve to }. r. McCann W; q, Kan, and Reuben
Rodoy, held in custody by the civil authorizes
OF tennessee was handed to me the day before yes
teIdav, by John NJ. eming, Esq, just from Wash.
lngtOn, acting as counsel for the prisoners stated
10 Nil Fleming that had no authority to release
prisoner held IN custody by our State Courts before
mis- trial and convection, and that would take legal
advice Letore acted in the matter the case beng
one imp OrtGnce Upon reflection, however, have
return to Nashville The a;ts in tne cases OF at
least two OF the prisoners as they are understood
East tennessee, DO not harmomiZe with the reprs-
sentatons made TO you. MI. Ia ms acts we're not
Justified bg the rules OF war ? and as TO Mr. koddy
be quJ the Rebe service Letore the surrenaero
Lee, and crossed INTO kentucky, where he took the
oath, was parOIed without his case being under
stood. But will not arHue either case. If the
parties are tried and convicted IN the Courts OF the
S ate will then pard IN them, decline TO do so,
according 10 the testimony III eadh case, and my con-
vlchOns OF duty.
Tennessee was admitted into the Federal Union in
1856 and during the seventy ears OF hsr existence
as member OF the Union there is not a case on
power is contem plated in the release of these
| prisoners in advance of a trial. Whst had no
agency whatever in procuring the indictment OF
these prisoners, and whist am ready in deIense of
the rPht to shoulder al just responsibilities, am
not wiling tor the indignant curses the enraged
and injured Union men OF East Tennessee TO be
heaped upon me, for tle exercise authority which
they KnUw tnaJ am not authorized bY law or
to exercise. The Court In which these men were in.
dIcted vas organ z9d bv nv illustrOus predecessor
the Military Governor OF the state, ana th9 Judge
who presided commissioned by him, before the
| commencement OF my admnistrat on Each of tie
defendants was arrested Oy mltary order, and sent
| to the CIVIL auIhOyi les Hue defendant Kain
arrested in Connecticut bv order OF the President,
at the request of the civil authorities. rney were
members OF wDat IS styled by The Rebel authorities
"orUm-head court mariial," and in that character
are chGTPeu with having ordered the execution of
three civilians, by hanging whoso only oh5nse was
not examined the indictments against them but
| understand they are haI god with o her oRsnses
| Whether these men were properly or improperly
turned TO the civil authorities; whether they
we've only amenable 10 the miltary aufhOnties and
| whether their acts justiiable by the laws OF
war, all questions which have no legal or con
stitutiOnal power TO decide. haVo au opinion upon
| all these points, and YOU NAV very readily infer
! what that COMMON is The Jud ciary OF tho State Is
! entirely INDEPENDENT OF Exec ltiVe interference,
ana an Official direction from tine EXesuliVe to even
| an inIenOr court, to abandon r prosecution, would
| not and should not Oe approved by the people.
/, therefore, most respectfully decline to give any
direction to the judicial authorizes OF this place. in
| relation to the three cases TO which you ca m
| attention, but leave the whole matter IN the hands
| of The COurs, who [ have no doubt, vii acquiesce
| in any order emaUatng from the President or the
| military authorities, 1t is proper for me to add that
| the PRECEDENT has pardoned and parOed worse men
than ese and turned them loose upon the country
| and should he regard these men as "Well and loY-
| nly disposed" aud have constitutional uples
in his way, he will, OF course order their release.
am, with the highest respect, your obed ent SER
| want, w, Il, BRoWNLoW,
| ~. Governor of Ionnessee.