Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-30

made the charges contained in said reports,
that your memorialist had charged the said
franchise law TO be the law Of the State.
He will further be able to prove that he
has extended every leniency justified By
law to all loyal men, or other persons ire
spective ofparty.
IL is sufficient 10 allude TO two cases--
one was the case of bis permitting Federal
soldier who was charged with murder, to
change the venue TO the county of Macon,
where he oouldhave the benefit of the sym
pathy Of the loyal men ofthat county. On
another occasion he caused the arrest Of q
Confederate officer and his comrades, and
also that Ola Federal officer and his friends,
who were about to engage in a bloody
renconptel, in which the Federal officer
and his comrades would have been greatly
overpowered, and caused each Of the
| parties to enter in to bonds in the Gum of
| $4,000 to keep the peace.
| was the first Judge in Tennessee
who decided that the negro who was
emancipated by the amended constitution
could not Be tried and punished with
greater punishment than existed by law as
applied to slave when the crime was com
mifted, and that decision was sustained by
L
cided that he, now being free man, could
not be punished with stripes. In my adj
ministration, the only censure that have
received, l think, has been that have
been too lenient with all, especially the
negro
AS to his net permitting challenges to be
made, he states that there are only about
eighty or one hundred registered white
voters in Summer county, and most Of them
are not freeholders, and if the challenges
had been permitted, it would have eneour-
aged crime; and offenders, by availing
themselves of the challenge, prevented
trials and punishments. He so decided in
the case of a Confederate horse thief, who
was making the challenge with view of
preventing trial; and. having SO decided,
| l so contriyed TO decide other cases, be-
lieving the law unconstitutional. 1t will |
thus be perceived by your honorable bodies !
that only thirteen days will elapse beforethe !
case is to be heard or the resolution is te |
be acted on, and there are no means given |
to the accused to have his witnesses present |
or their deyositions taken, and there is not !
sufficient time between this time and the /
10th day of February, 1868, to prepare his
proof and make his proper defense, as he |
is notified 10 do, and has that right under
cur bill of rights. See section 9, article /, |
which is as follows, to-Wit: "That in all |
criminal prosecutions the accused hath |
right 10 be heard by himself and his conn
sci 10 demand the nature and cause of the |
accusation against him, and to have |
copy thereof; TO meet the witnesses face TO |
face; to EaYe compulsory process to obtain /
witnesses in his favor; and in prosecutions
by indictments or presentment speedy
public trial by an impartial jury of the I
county or district in which the crime shall /
have been committed, and shall not be
compelled to give evidence against him
self" This clause applies to all criminal
proceedings Of every kind, and is never
denied to the most guilty felon.
can entirely disproVe every allegation
of guilt by Mckinley by the most reliable
testimony from the best men of the whole
Chancery district. He insiuuates that 1 |
have inculcated sedition. / propose to
prove right to the reverse that at all |
times and places, privately and publicly, 1
have advised forbearance, moderation and |,
good will to all men; that / have endeav-
ored TO uphold the constitution of the
United States and that of the State, and all
laws made in pursuance thereof in every
possible way, by authority, by example
and by public and private advice and ex-
hortation.
On one occasion when the Sheriff failed
10 arrest violators of the law and desperate
and lawless men, l assembled the peace Of,
ticers and the people, and told them that it
was a disgrace not to uphold and enforce
the laws. After addressing them, they
-. Al H. a., L. 4
the laws. The insinuation that / have
been guilty of tyrannizing over prisoners
and offenders, 1 will prove false by the
Attorney General and all the members of
the bar, who will say that my course has
been one of courtesy always 10 pris-
oners; and that if / have CONS
mitted errors in the administration of
criminal laws, il was by the exercise of too
much clemency and mercy. will prove
by the archives in the Governors Office
that have as often, If not oftener than
any other Judge, APPEALED to him for mercy
in behalf of condemned men, Several Of
these were humble and friendless negroes.
So far from entertaing any hostility TO the
State or general government, l have always /
entertained for both the highest veneraiion,
and have always been true to both through |
out all of our civil difficulties, and this is |
fully known by some of your honorable |
body. / have always everywhere expressed ,
the most sanguine and hopeful expectation |
that the government Of the United States |
would endure Joreper; that il was the |
only government in the world entitled to |
the love and veneration of every good |
man in the world that it being like the |
government Of our Sayiour--founded in love |
for man. l believe in the capacity of man |
for self-government most fully. Every |
official and private act of nay life will |
90 TO prove this conviction. | most |
sincerely hope and pray that this convics |
ton may remain with me during life, for |
il has at all times given me great delight |
20 dwell upon and think OF the glorious |
future of my beloved free government. |
Entertaining most deeply and sincerely |
these sentiments, aRd from conscientious /
ness that | heve done no wrong to any |
one as Chancellor, Judge or citizen, with |
great confidence appeal to the Justice and |
msgnanimity of the General Assembly.
feel confident that they will allow me |
TO disprOve these most foul and false |
charges which have been brought against /
me, snd TO vindicate for myself my childs \
ren, my friends, character have always |
held dearer than life ITSELF feel conf
dent that no civilized or christianized
body will deny me the right to vindicate
my reputation.
1t is all that is left me after the raw
ages Of a most unnatural and devastating
war. | Rlss feel confident that an en-
lighteRed and just public will do me
Justice. / have had a foretaste
Of this by the higher toned and
maguanimous Endorsements and approba-
tion Of the members of the bar of my dis
trict, which has been 50 unanimously given
me. And now l must respectfully AJAX
fair and impartial trial of the high charges
made against me, which have right TO
under the bill of rights. Therefore, re-
spectfully ask that sufficient time be
given and designated, to make my defense
in, and in the mean time have the privi
lege Of taking depositions, not ez Purts, but
upon notice served upon Thompson Nc
Kinly, and likewise for process that may
compel witnesses to attend before your
honorable bodies on the hearing Of the
case.