New-York tribune., 1867-02-23
was punished for killing negro and then tho punish

soldiers do not frequently; during the last year
the State Of Tennessee they occurred In particular sec
tiOns such West tennessee and III one or Two secIO
of Middle Tennessee in East Tennessee do not know OF
more than section where they did occur frequently
these classes OF Offenses are quite common IN the the
State Of Georgia, and they occur frequently IN the
state Of Alabama until recently MSyyssiSpi Sney were
quite common III the state OF MissisSlptmd NJ TYIptad
states soldier at Nashville during the Christmas hOhdayS
that the soldiers in the exercise OF telr usu
privileges citizens had gone around the town 10 some
drinking saloons and were enjoying themselves; they
met with party of policemen VINO sad they were on
duty; got into conversation with them, got drinking
tegetheT when of these policemen hurTahed Tor Je
Davis Soldier resented it, and told him he should not
hurIah for jeff Davis i'll his presence that Drougn
about a quarrel when the soldier was del0er
ately shot by the policeman; the matter was was
brought before the recorder OF the city ,nekt
morning; the policeman who had committed the
homicide was examined, and discharged either VIII M
out ball. with very small ball. the soldiers swore Gls
uncty to the wful murder upon the part OF the pOot
man. but their evidence was very lightly cOnsidered aI
day two after at meeting OF one OF the courcS OF
the city it reported to that murderer was pro-
moted in his capacity as policeman ana tnougn nSt so 50
that act these facts reported to me- and ordered te
commanding officer to arrest TINS pQncelhan ana hoio
him in arrest until the civ authorities would indicate
that they would give the fair trial; do not re-
member whether they succeeded III arrestg the man 9
obeyed by my subOrdnates very promptly; II the man
did not escape from Nashville am very sure nc was ar
rested cannot say habitua for the civil author
ties to evnce dsposon to bring these people to justice
they do 1t sometimes because they know that the 0ehd
Will be arrested under Gen Grants oIder no a.
and held until they tried they proceed 10 trla IN
many cases but the result shows that 1t is not Impartial
do not think the civil authorities are dspOSed 10 au'
minister impartial Justice if left to their own VIII the
remark applies all the States in my department pretty
edally in Georgia good many Ofenses been committed
against freedmen; have not taken anynOte OF the mum
ber but know they frequententrely 100 Iequeht
cannot say that know of single instance where hey
have punished any one for serious ofense against
freedman; they have been punished sometimes loi slS
offenses, where the punishment was merely Hne, or
something slight its nature but in case whCle the
penalty extends to imprisonment or summary PumSn Pi
ment do not know of single instance 90 NOT believe
there is much chance of cOnvctng resident OF czen OF
Georgia for murder II the victim was Union man or
negro if the murderer was Union man OF negro heS
would convict him very speedily or If the man had
moved into Georgia since the war ana was KNOWN rs
Northern or Union man. The observations ilahe
in reference TO Georgia apply tO the other States WIN
equal force l do not think there is prospect Oh Oh
matters improving in the course OF time IL llngs hIe
allowed to 90 they are because enerprsng peOe
knowing that state of affairs 10 exist N tnat country
would be discouraged from going there ana entering sO
business don't think the people themselves nave either
the energy or the disposition to undertake lesi-
fine Improvement of the condition Of affairs in
the state. and bringing wealth to the country
the portion Of middle Tennessee IN which tins dehciency
in public exists commences from the kentucky
line and proceeds along the course OF the NasnNHe u
Decatur Railroad taking IN mltcheViie IN inc in % Ph
Gallatin Nashville Columbia, aud Pulaski; ana @ @ tnGh
extends to Athens and Huntsville Aab@m9; III IG CON- %
try in the neighbOrhOOd Of Liberty and McMlhnNe aSo'
the public sentiment is adverse to Union men
was associated in the practice OF the law WIN zen
Tom Ewing. aud continued until entered upon the
discharge of the duties 9 the Interior Depafm'M % m %
precise date | do not rcmember-a Col IOnphliH VINO
"a
and who after the war had settled soeWhete III 3J Luz
South in the practice Of his profession as lawyer c.u
at our office North street 10 employ S 10 present 10
the President the case OF four mentwO by the name oi
Keys one by the Of StOwers and one by tle name
sometimes with both of rs; ne represented that lhcSc
citizens, civilians Who had never heeh u,
The military service of the United States; that they had
been arrested in South Carolina or Georgia ana perhaps
BOTH upon charge OF having murdered some unlo sol
diers that they had been convicted by military cohl
mission aud sentenced TO death; that upon the recon-
incubation Of Gen. SicleS VINO had ordelcd he cons @
hod ed
OF them from death 10 imprisonment Tor me- ana thc exc
cuOn OF the sentence upon the Oher Two ha1 Deei SUB
pended for time he wished 10 employ ms 10 examine
the record in the and TO present an argument 20 me
President behalf Of these prisoners; he employed u as
COUNSEL To do so; he furnished scrapbook with slips
from newspaper pasted III It, containing Wha purpoIteu
to the testimony gwen before the military conins
SION examined IL carefully and prepared written ar
gmeu 10 be presented 10 the President III Wch uIsed
That believed and what still believe that the military
commission had no authority whatever to try civilians or
citizens in district where the ciyl TRIBUNALS were
unobstrlcted In the discharge of their functions: |
also frished am argument upon the insucency Of the
testimony to warrant conviction, and asked the Picsl
annu and set aside the Judgment and sentence OF
the military commission and turn the parties over to the
civil tribunals to be indicted and p1Seeeded asaS en
think 1t about the 18th June that ad cot my algu
ready my impression is that on the 18th Of June
called on the President IN company WIN tOl IoHphh7
and Mr. TrescOtt OF South Carolina, who WAS also cou-
sci in the with Mrs Showers and Mrs Keys, two old
women tine wives OF the two old men who were under
sentence Of DEATH they had come up from South Caro-
lima 10 were very anxious OF course, about the
case, and desrOus OF going with me tO the Prcedent
when presented my argument my impression is that
>
argument flied by Judge Holt, the JudGcAdvOcatc
! General in opposition to the view Of the case was
say with absolute certainty-that before reading my
giment to the President informed him that came not
| a friend OF his TO advise him, or IN any other
relation than as an employed counsel for these
great deal OF eirnestness that the conviction was
entirely unauthorized, without reference to hc guilt
of the persons: that the tribunal was one that
had no right 10 try thcm urged upon him annu the
the parties over 10 the civil tribunals to be indicted and
proceeded
sdcIcd the case, and then SAID that II my view OF the
case was correct was 0ncon for the judicial author
ics of the country decide that he would take
s,on of their eeal ris before the judicial tribunals
OF the country; my connection with the counsel
ceased then and have had nothing 20 do with 10 in any
shape OF form since with this exception: Some time al
terward how long do not know, received telegram
from South Carolina saying that the prisoners had been
removed that Mrs stOwers and Keys did not know
where their husbands were; that they had been taken
from Charleston and sent off somewhere, they did
know where, and could not ascertain where that they
in great distress of mind about il, and asked 10
ascertain If could where they had been sent called
upon Secretary, stanton and communicated 70 him the
information i had received he said that what they
stated not true; that they did know where they
Were That what they represented 10 me was unruc that
they did know when they removed and where they
removed to- saw the President perhaps twice be
fore presented my argument told MN was employed
IN the case, and was preparing an argument and asked
him IT, when got il ready he would permit inter
view 10 present n; was PAID $1,000 Tor my services just
was not consulted IN any way IN relation 10 the transfer
Of these parties 10 the Dry TOrtugas think had in
teTVcW with the Preslden-a private Oneaitei the com
municatlOn made to me from South Carolina that
they had been removed somewhere; / THINK called
the Presidents attention 10 the subject and that
he said he would refer II To the Secretary OF War;
while acting counsel, and presenting my argument
to the President when ne declined TO take any acton III
the premises, and said he would leave the parties to
their rights before the judicial tribunals impress
that suggested TO him the difficulties IN the way
OF that; that these parties in the hands Of the mill
ty authorities, and that IT might produce collision
between the Cv and military authorities If they under
took 10 procure examination Of the case by the
Courts; it is very probable that urged upon the Pres
dent their Northern fort where the writ
could be served; know such my views that IL
ought TO be done.
TESTIMONY OF THR SECRETARY or WAR
When the record of the trial and conviction Of Keys and
others, alleged TO have committed the murder South
Carolina had been reported upon by the Judge Advocate
General examined II and found that more of the
i 4 IL -