Early Governors' Papers

To his Excellency Samuel Houston Governor of the State of Tennessee

We the undersigned members of the General Assembly of the state of Tennessee now in session, respectfully represent to your excellency. We have been informed that some time in December 1826, an unhappy rencounter took place between Albert F Keeble and his brother in law Peyton Randolph in the town of Jefferson Rutherford county, in which, the latter unfortunately was killed

Albert F Keeble was prosecuted and convicted of Manslaughter, at the February term 1827 of Rutherford circuit court; and sentenced to be branded and imprisoned nine months.

We the undersigned have been informed, that your predecessor, has remitted so much of the sentence as required him to be branded: but in pursuance to the other part of the sentence, he has been imprisoned in the jail of Rutherford county, since the 27th of August last

The undersigned would further represent, that from the history of the case as detailed to them, by information upon which they can rely, connected with the [page damaged] quiet, and peaceable character of the said Keeble: there are many considerations, in the view of the undersigned, which entitle him to executive clemency

The rencounter took place in the dusk of the evening, in the absence of every person who could be examined as a witness. It therefore must be doubtful to say the least, whether Keeble

was not urged in his own defence to take the life of [Peyton Randolph|Randolph]]. But a minute detail of the facts we are assured, go strongly to show that Keeble had reasonable ground to believe, the killing of Randolph at the time, was a necessary act of self defence. If so, he ought not to suffer punishment. Doubt in such cases, from the humanity of the law, being equivalest to acquital

The undersigned would also represent, the costs already incurred, from the trial and conviction of Keeble are very great, and a longer confinement in jail will increase these costs.

That Keeble has a wife and two children dependent upon his exertions for a support. And his imprisonment the nine months, will deprive a wife and two children, upon whom no blame can be attached whatever, of the support and protection of a Husband and Father. Imprisonment when it is a punishment alone to the guilty ought in many instances to be inflicted: but when those who are not only innocent, but helpless also, and whose situation excites feelings of sympathy of the humane and benevolent, must suffer equally, if not greater than the guilty by imp= =risonmnent: we deem it a punishment of very doubtful policy, and perhaps ought never to be inflicted, unless upon very incorrigible offenders, whose liberty might endanger the peace and happiness of society.

Actuated with those [?], as well as from the consideration, that Keeble has been highly recom= =mended by his neighbours and acquaintances to your immediate predecessor, as a young man of good charater and standing, of peaceable and quiet department, to which we refer your excellency. We also unite with those in requesting your excellency to exercise

State of Tennessee} Rutherford County

Be it remembered that I Baker Wrather of the County and State aforesaid; say that some time about three or four years ago, the particular date not recollected, when riding in company with Mr Peyton Randolph from Murfreesboro, I was inquired of Mr Randolph upon what term he had settled his dispute with Mr Wallace, with whom he had gone to Kentucky upon an affair of honor (Commonly called) After he had stated the circumstances of that affair, he remarked that hereafter he would rather settle his disputes in another way, that there was less danger, than with the pistol. He then gave a history of his [coniving?] some person in Davidson County, with whom he had quarreled at a Muster or some other place of public meeting - stating that he went home, and got a stick, and waited until he thought the man had got home, and that then he took a negro, to keep off the woman, went to the mans house; and Mr Randolph described how he concealed the stick under his coat, and drew it out when the man was sitting down, and chastised him. "He then remarked, that if you ever hear of my getting into [affrays?], I will take the runing start I will have the advantage" (with an oath)

As to Mr Randolphs character, I always considered him a daring resolute man, and that he would put his threats into execution, for I understood he had done so upon more than one occasion.

On the contrary the character of Keeble was peaceble and quiet,

To his Excellency Samuel Houston, Govenor in & over the state of Tennessee. The undersigned respectfully represent that Albert F. Keeble, who was at the last February term 1827 of Rutherford Circuit Court, convicted of Manslaughter in the killing of Peyton Randolph, was by said Court sentenced to nine months imprisonment. And in pursuance of said sentence he has been confined in the jail of said county of Rutherford, from the 27th of August last, and will continue in said jail, until the nine months shall expire; until unless your Excellency shall think proper to discharge him from sd confinement:

We would beg leave to represent to your excellency, That he has a family dependant upon his exertions for a support, and that a continuance of his imprisonment for the nine months will be more a punishment of his family than himself. And that the imprisonment, while it creates a considerable expense, which will eventually fall upon the county, will be, if any, but light punishment to him.

We are also of opinion that circumstances exist in his case which justly entitle him to executive clemency, and without enumerating those circumstances here, we would refer your excellency to the several petitions presented to your predecessor in his behalf; And would respectfully solicit the attention of your excellency, and pray you to extend to him a pardon from longer confinement under said Sentence.

Murfreesborough, 9th Oct 1827

S Anderson Wm Ledbetter S R. Laughlin. Dario Wendel Charles Ready H D. Neilson

To the Governor of the State of Tennessee

We would as Citizens of the County of Rutherford pray your excellency to pardon A. F Keeble who is now confined in the Jail of Rutherford County for the slaying of Peyton Randolph, and was convicted of manslaughter at the last Febuary term of the Rutherford Circuit Court

Saml Killough Sam Richardson John [?] Ezekiel Pace Solomon Stoddard John Wallace Dan'el Fane David McKay J Bateman William [Wallace?] John Parce James Askins Greenbery Jacobs John sanders Younger Wyatt David Shepherd John Wade John Allen R. Z. Hawkins Jason Thompson M A Fletcher P. Parker Samuel L [Carresh?]