Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-07-04
From the Nsshvile Press and Times.
The President, Governor Br0Wnl0w
and the Knoxville Prisoners.

In the Dispatch of yesterday occurs the following
editorial paragraph
"Our special dispatch announces the termination
of the trial in the Circuit Court of Knox county,
yesterday, Of j. r. Mccain, j. c. Ramsey, Reuben
Rodey and W. c. Kahn. The fact is thus iudicially
established that the State has power to try an of
hcer or private of the late rebel army for offenses
committed In carrying out the orders of his superior
General Grant held the same opinion, and recon-
mendeo that these gentlemen be released, but our
State authorities refused to comply ,0i his sugges-
tons These men, thus acquitted of the crime i'm
puted to them, have been confined in Jail except
General Ramsey, about year Their friends and
the public will congratulate them upon the triumph
OF law and justice in their case"
The ltalicised statement does great Injustice to
"our State authorities" and we are somewhat sur
prlsed TO see it made in cotemporary which can
hardly have forgotten the very clear and conclusive
reply made by Governor Brownlow to the Secretary
OF Var, who doubtless under instructions from the
resident urged the release of Messrs. Mccain,
Kahn and Roddy. The Governor then said
tennessee was admitted into the Federal Union
IN 1885, and during the seventy years of her exist
ence, US member of the Union, there is not case
on record IN which her Executive has assumed such
power as contemplated in the release of these pris
oners IN advance of trial. Whilst had agency
whatever IN procuring the Indictment of these pris
oners and whilst am ready in defense of the right
to shoulder all just responsibilities not will
ing Tor the indignant of the enraged and in
Jured Union men of East Tennessee to be heaped
upon me, for the exercise of authority which they
know that am not authorized by law or usage to
exercise The Court in which these men were in
dcted was organized by my illustrous predecessor,
the Military Governor of the State and the Judge
who presided was commissioned by him before the
commencement of my administration Each of tie
defendants was arrested by military ORDER and sent
70 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 civil authorities
Whether these men were properly or improper
y turned over to the civil authorities whether they
were only amenable 10 the military authorities and
whether their acts were justifable by the laws of
war, are all questions which have no legal or con-
stltutional power to decide. have an opinion upon
all these points, and you may very readily infer
what that opinion is. The Judiciary of this State
is entirely Independent of Executive interference
and an official direction from the Executive to even
an inferior Court, to abandon prosecution, would
not and should not be approved by the people.
Il therefore most respectfully decline to give any
direction to the judicial authorities at this place. in
relation to the three to which you call my at
tention, but leave the whole matter in the hands
of the Courts who have no doubt, will acquesce
in any order emanating from the President or the
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
No respectable lawyer will say that the Governor
had any authority to comply with the Presidents
suggestions for the release of the prisoners before
trial, made through Secretary Stanton. He had no
jurisdiction whatever in the case. The President
might as well have suggested" to him to release
prisoner in Rhode Island, Ohio, or South Carolina
especially the question of the power of the Gov
to release a criminal before trial came up du-
ring Andrew Johnsons first gubernational term
and was decided in the negative by Mr.. Megs and
several others of the first lawyers of the Nashville
bar. Why should Governor Brownlow be called on
by the President to do what he himself refused to do
when holding the same Office? Blu. if the decision
of the Knoxville court be correct which the Dis
patch afrms and shall not controvert it is per-
fectly clear that the President had the power to re-
lease the Knoxville prisoners long ago. Why did
he who had authority to release and pardon seek to
thrust that responsibility upon Governor Brownlow
who, as he we'll knew, had no power in the premi-
ses? Perhaps there was double purpose to be at
tanned. If the President had released the prisoners
there would have been strong feeling of indigna-
ton throughout East Tennessee hence, it was
deemed advisable to impose the task upon Governor
Brownlow, who would get all the odium of the deed
among Union men for doing an illegal act while
the President would reap all the credit of it among
the reconstructed
The reader will not have failed to observe that the
Governor, in his letter, manifested kindly spirit
and not only intimated that the President could
lease the prisoners but said that the Knoxville court
would "PTonpty ecquicsce in his order of release.
1t is perfectly plain that whatever odium, if any,
attaches to any one for the incarceration of the pris
oners must rest upon the head of the President and
not OF the Governor in the remOtest degree The
President had power to release them, he was the
only one who had the power and yet he refused to
do it, and sought to impose the task on one who had
not the shadow of power to act in the case.