The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1874-09-25
EXECUTIVE DEPARTMENT.

EXECUTIVE DEPARTMENT, I
NASHVILLE, Tenn, Sept. Is, 1874 7
His Excellency u. S. Grant, President of
the United States, Washington City,
DC:
There were sixteen negroes commit
teed to Jail of Gibson county, in this
State, charged with conspiracy to take
the lives OF the white citizens of their
neighborhood. On the night of the 25th
of August, 1874, party of disguised men
violated the jail and took these prisoners
fOrcibly from the jaiIer and killed four
and wounded two, the remainder escap-
ing and being now at large. The next
day offered reward of $500 each for
these unknown offenders. The State
court being then in session, took lmme-
date cognizance of the outrage and the
labors of the regular and special term
have resulted In the detection and lndlct-
ment OF forty-one of the guilty parties, the
majority of whom have been arrested,
and the remainder will be if they have
not fed the country.
They are indicted under the second
and third sections of the act of the Gen
eral Assembly of Tennessee of 1863
70, passed the S0th of January, 1879, en-
titled, q An act to preserve the public
pCdNC1 anu - III AuA 1OICC"
The sections are as follows
SECTION 2. Be it further enacted,
That if any person or persons disguised,
or in mask, by day or by night, shall en-
ter upon the premises of another, or de-
mand entrance or admission into the
house or enclosure of any citizen of this
State, it shall be considered primDtG tacie
that his or their intention is to commit a
felony, such demand shall be deemed an
assault with intent to commit a felony,
and the person or persons so offending
shall, upon conviction, be punished by
Imprisonment in the penitentiary not less
than ten years, nor more than twenty
years.
SECTION 3. Be 1T further enacted,
That if any person or persons so prowl-
ing, travelling, riding or walking through
the town or county of this State, masked
or in disguise, shall or may assault an
other with deadly weapon, he or they
shall be deemed guilty of an assault with
intent to commit murder in the first de-
gree, and on conviction thereof, shall
suffer death by hanging, providing the
jury trying the cause may substitute i'm
prIsonment IN the penitentiary for pc
Rod OF not less than ten years, nor more
than twenty-one years.
The State authorities have manifested
the most earnest desire to enforce the
law against the guilty parties, and have
demonstrated by these indictments and
arrests not only their disposition, but
ability to enforce the law and protect all
citizens, without regard to race, color or
previous condition of servitude. These
efforts, can assure you, will in no sense
be relaxed until the majesty of the law
is fully indicated
Notwithstanding these efforts, with the
result stated, the United States Marshal
and commissioner for the Western Di-
vision of Tennessee, with the aid of de-
tachments from the Government garrison
at Humboldt, has arrested and is contiuu-
ing to arrest citizens, and conveying them
under guard to Memphis, nearly one
hundred miles distant, to answer for the
otfense charged against them by the
State courts.
As Governor of Tennessee, do most
respectfully but earnestly protest against
this exercise of jurisdiction by the United
States Commissioner and Marshal, with
out reference to the question whether
these offenses are proper subjects of cog
nIzance by the United States Courts,
but upon the ground that the peace and
safety will be more certainly preserved
and the rights of citizens as well protect
ed by conceding jurisdiction to the State
courts.
And therefore respectfully ask your
Excellency to order that no further ar
rests be made by the Marshal, and that
the parties already in custody be turned
over to the proper local tribunals for trial
and punishment
L undertake to assure your Excellency
that no effort will be spared to enforce
the laws and protect the citizens by the
officers of the State Government through
out the borders of this State; and believe
the localauthority is ample to protect peo-
pie OF every race and condition in life
An earl " reply is respectfully solicited.
JOHN c. Brown,
Governor of Tennessee