, 1866-04-11
FROM NASHVILLE,
Important Correspondence Be-
tween Gov. BrownloH and
Secretary stanton.

The Governor Refuses to Tufn Civil
Frfsoncrs Over to the Military.
Especial Despatch 10 the Chicago Tnpupe1
NASHVILLE, April 8
The following highly interesting correspondence
has paced between E. u. Stanton, 3ecee,aryo q
War. and Governor Brownlow. in rsc7rd TO The
cases Of AcCanu, hoddte, and Kahn, now held for
h,al N Knoxville jul. and Is published In order to
place Governor Drownlo right before ,he public,
and eonect mlsapptehensions ns TO hts posi1ion,
which sccomrAnled the public action Of Nj. Sian
toms letter, In one Of the ciy papers few day.
slnte. The pspet referred to represented Governor
Dro~nlow A. having cordially appr we'd the rug.
ge-uors N the seGetu5's letter.. whlca The reader
viii Zee ~as The opposite to the tru'h BY reieteuce
TO the Governor reply.
The TO. e1por believes That he has no authority
iu lhe Constitution or LAws Of the Statc 10 1bap-
don criminal prosecution; no Governor Of Ten
n+efee evef assumed such authority Is that Should
Gov Bsovnlow be aseaIed IN the iulnre for his ac-
tion in the catE he Will make toUe disclosures Of
facts connected NTH The burning Of the railroad
bl1dges In Tennessee In November. 1861, on which
ehs1tes1 s1hs tSo .natnons 2. Hmm Aea;ena.s nd
NAsuv1n April .. 1861
MI. Mercer:
Since my return from Knoxville ind letter to
me from the Secretary Of War ia the Nashville
papers Wlshon, showing "bere 1t came from, and
an enormous sta,ement Accompanies It thst the
spproys]. / vii thauk y"n TO publish nj. sum.
unde1s:ood and specially IN EAT Teopes Wh-re
lam, etc, Wy. G, BnowHzow.
SECRETARY STATIONS LETTER.
WARDErAR11E1, WAaursorox CHI,l
sm: The attention Of the War Department has
Kain, and Reuben Roddie, late rebel prisoner. OF
war, discharged on. parole. Who are now held IN
custody By 1he civil snthorities oi Ienne:hee, 70
done dur1us the rebellion. The accused aLege lnst
at the time OF the commission Of the alleged acts
.oF Meo they are A l1d,s!s shey Mss IN t1 Ishs
ny the rules OF war. or coguzhnle only by military
authority, and al>o .ha' under " parole they Eaye
.heir r1so9 sets duI ng ihe war.
without orc7oine thc qucs ilons prcsented by the
dffnse i would oe desirable TO avold any possle!e
conh'c, ot authority unle.s required BY ,he puele
could direc, the civil pro.ecu1ops 10 tc abandoned,
leastng the paIie. t1 ne eoguisanee Or m,ll.sy
wonld be avoided. ! would therefore ask yon to
tbou,d Ike e1ad to hear from you whether this
Very respectfully; yeus ooeoient ss1,aht
To His E1celleny, Gov. W. q. Bruwnlow, Nash
nErIr or "a. aorEsxon-. -
And no" comes the Gove5noF,s reply, T., 8 ,eee
70 Hen. =. ~ s.aaton, stenaasy d Ia: H N
Your Letter Of the s7th ult seiattve 10
now held III eustody BY The civil authorities Of
day by john II. Fleming, 81. jas. from Ws:h;
. 10 MT. Fleming that was satisfied had no an-
tboity whatever 10 release prisoner held IN cu.-
tedy By opr Stale courts before his trial and cou-
y7caion and that I. oud take Legal adree sefote
acted In the matter tbe case being one Of inapor
tspee. Cpup reflection: however, 4 have coacanded
10 write you fiom this poiEt, and before my return
Of the prisoner. they understood IN Eas, Ten
ueskce do not harmon1ze with the trptc cuta atlons
made 10 yop Mr.. ka1n's acts were not justified BY
yice ,rsr before .be .nnendcr OF Lee and cro.eed
INTO Kentucky. whcsc he look the cath and was
psroled without bis case beinP understood bur
trltu urd convicted in she courts Of the state.
Will then pardon them. or d.ctne TO do 80, &C
cordnc 10 the testimony In each case. md my con
y1ciicus Of d1iy. Tennessee vas admitted into
the Federal Union in l79o anu durin Eevcnsy years
OF her existence member Of the uuion, there
Is not c1se On record III which her E1eeottye has
Assumed such p1Wer1 ~ is Contemplated 10 the re
lease OF thtt prsoDers In advance ut TRIAL. Whilst
bad no agency whatever in procuring the tndict-
msg. aeans. hes s3 .nd sso.,ss Whilst +! an an
responsibilities, an not willing that the indignant
cures Of the enrared and Injured Union men OF
cIrise is ei sutbofiy Which thes know am 10, su-
thorizrd BY Law or usrase 70 exercise The court
in winch there ere indicted w11 organized BY
my lll1S HIous predecessor. The military EovetDot
of the STA c, End the judge Who presided was
commissioned BY him before the commencement oi
my acm1n4* tfaticn- Each of The defendants was
arrested hy military osder. and sent 10 Knoxville
under mititar1 guards and turned over to- the civil
auihot1ftes- The defendant, kain, VIA aEFested In
Connecticut by order Of The Pre- dent, at the re,
quest OF The evil Authorihet They syert menbcrs
or what is styled by the rebel Authorities, Urnm
head Court Earlal." ard in. that character kre
charged with hayinE ordered !he c1ecus!ou Of thtee
civilians Sy hanging. whose only not.an. oasosS
I caEte. have not examined the indcsm-nl
against them but understand they arc charged
with other Oft nees. Whether these men were pro
pe7ly or improperly turned over to the civil autno1
ties whether they emily amenable TO the military
authorities, and whether their acts we're 1usnhaolt
no leEal or copslitutaunA1 poweF to decide h2vt
an opinion upun all thee points, and you MI,
+, ndiy inIex shat thai opinion r.. The 3ud1c1 ar]
OF lbff state entirely independent Of Executive tn
ier5eTrnce. npd an Official direction from the Exc
;cutive 10 cven m inferior court to abandon pro
the people. ! therefore most respectfully decline
10 r1ve hnv direction the jndic1a! 1uthontes :
thif Place IN felatlon 10 the three cates y
I Which You call my attention, hut leAte The Who'll
mHtter in the h1ndS Of tue coulff. Who nave n'
I doubt will scquiesce IN any order enaaannG Ho1
| 1or me 10 add thu, the President has psrdoord an
p.go!ed worte men Than these a1d tufued then
loose upun the country, and Abon1d hr regard the+
| men A. well and loyalty dlsposed and have no cor
tti,utioral setup1es IN bis way he Elli doubt}e4
order their Etlcate.
snss si,s Eoqs T.
| Governor OF Tennessee.