The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-08
The Case of Dick McCann.


New York.
The Case of Dick McCann.
From the Republican Banner Of yesterday.
The numerous friends of Major Dick
Mccain throughout Tennessee will be
reioiced 10 learn that his case has re-
Gently assumed phase which tends TO
encourage the hope of his early release
from prison. For several months some
of the most loyal and influential men
in the State have been using their uI-
gent solicitations in his behalf with the
authorities at Washington, but until
recently, with little apparent hope of
success. After three Cabinet meetings,
held in the early part of March, and at
which the charges against Major Nc.
Cam were discussed in all their bear
ings, it was decided that he had com.
mitted no offence for which he was
amenAble to the civil authorities, and
that the matter was one to be deter
mined solely by a military tribunal
The application in his behalf, as well as
in behalf of the two officers confined
with him under similar charges, and
whose names are given below, was re-
ferred to Lieut. Gen Grant for his opin-
ion and was by the latter referred to
the Secretary of War, with the follow
ing endorsement:
HEADo'Rs ARMY UNITED STATES,
March, 10th. 1866. !
Respectfully forwarded to the Secre
tary of War, with the recommendation
that the prisoners, j. r. Mccain, W
c. Kahn and Reuben Roddie, be uncon-
ditionally released-the acts for which
they were arrested and confined having
been committed when civil law was
subverted and in their capacity as sol
diers.
If they are not released, would re.
specially urge that instructions be
given for their immediate trial by a
military commission
(Signed) U. s. GRANT,
Lieutenant General.
Official copy.
(Signed,) ED. PARKER.
Aeadqrs A. u s., March 10, &C.
On receipt of the above, Secretary
Stanton wroteto Governor Brownlow as
follows
AR OEPT. w ASHIkGTON ClfY, I
March 9th, 1866.
SIR: The attention of the War De-
partment has been directed to the case
of J.. K Mccain, w. c. Kahn, and Reu-
ben Roddie, late rebel prisoners of war,
discharged on parole, who are now held
in custody by the civil authorities of
Tennessee, to answer indictments
against them for acts done during the
rebellion. The accused allege that at
the time of the commission of the al
legged acts for which they are indicted,
they were in the rebel military service,
and that their acts were justified by the
rules of war, or cognizsble only,by mill
tary authority, and also that under the
parole they gave as prisoners of war,
they cannot lawfully be held for their
prior acts during the war.
Without deciding the questions pre-
sented by the defense, it would be de-
sirable to avoid any possible conflict of
authority unless required by the public
welfare. | would therefore suggest
that If you could direct the civil prose.
cutions TO be abandoned, leaving the
parties to the cognizance of military
tribunals for their alleged offences, all
possibility OF conflict between military
and civil antas.-:4y-e-----sls =.
/ would therefore ask you to 90 so.
/ should be glad to hear from you
whether this comse meets your APP
prevail
Very respectfully, your obedient ser
want, BDwH NJ. STANTON,
Secretary of War.
To his Excellenoy,
Gov. w. q. BRowYLoW, Nashville,
Tennessee.
Col John Fleming, of Knoxville,
whose efforts in their behalf will be
ever held in grateful remembrance by
Major McCann and his fellow prisoners,
called on Gov. Brownlow and laid be-
fore him the above documents. The
Governor cordially approved the re-
Communications contained therein, and
stated that he was willing and anxious
to pursue the course indicated by the
Secretary of War and General Grant
He preferred, however, TO first have the
legal advice of Attorney General Cold
well in the matter, and would act in &C
coTdance with the opinion thus given.
The Attorney General is now absent
at Jackson, in this State, on official bu-
siness 1t is the opinion of one Of the
ablest lawyers at our bar, one whose
political prejudices are not of such
nature as to make him partial sdvo-
cate of Major McCann's interests, that
there need be but little doubt as TO
what will be the opinion given by the
Governors legal adviser. Major Nc
Cams case is in every respect similar
to that of General Bradley T. johnson,
recently indicted in the courts of Mary
land for acts committed during the
war, and was by the direction of Mr.:
Speed, u s. Attorney General, releas-
ed on Thursday last from the bond
given TO secure his future appearance
for trial, and from all liability to an
swer before the civil courts for the acts
committed by him as an officer in the
Confederate service.
Once in the hands of the military
authorities, Major Mccain will, we are
assured, be allowed the full benefit of
the humane policy pursued in other
cases--which is all that he or his friends
have desired.