Early Governors' Papers

To his Excellency Samuel Houston Governor in and over the state of Tennessee. The undersigned respectfully Solict from the executive of the state a pardon in behalf of Samuel M^cClure who is now under sentence of death for the alledged murder of M^cBride of Lincoln County. We make this request because it seems from the record that the Grand Jurors who found the Bill Were never sworn; an omission which strikes at the very root of the invaluable privilege of the trial by jury an omission which has been heretofore again and again held by our supreme Court in the time of Judge Haywood, an error sufficient to induce that court to arrest the judgment of the inferior Court. And because as is shown by the said record, one of the petit jurors was an Atheist professed; and therefore an incompetent juror And also as will be seen by the record, because the Evidence shews that M^cClure was found guity of an offence of a higher degree than the evidence authorised of. it was not a clear case of a killing in self defence then it amounted to the degree of Manslaughter - but to no more.

We also ask for a pardon because one of the Judges of the supreme court gave it as his opinion that the judgment of the Circuit Court should be reversed; and altho the other two judges entertained a different opinion, yet this conflict between the Judges creates such a dout [sic] about the propriety of the execution of the defendent that that doubt, of its self, aught to call forth the interference of the Executive and we will ever pray &c.

Geo Brown

To his Excellency Smanuel Houston Governor in and over the State of Tennessee.

The undersigned Petitioners respectfully solicit, From the executive of the State, a pardon in behalf of Samuel M^cClure who is now under sentance of Death for alledged murder of [space] M^cBride We make this request because it seems from the record that the grand Jurors who found the Bill Were never sworn; an omission which strikes at the very root of the invaluable privilege of the trial by jury; an omission which has been heretofore again and again held by our supreme Court in the time of Judge Haywood, an error sufficient to induce that Court to arrest the judgment of the inferior court

And because as is shown by the said record One of the petit jurors was an Atheist professed; And therefore an incompetent juror.

And also as will be seen by the record, because The evidence shews that M^cClure was found Guilty of an offence of a higher degree than the evidence authorised of. it was not a clear case of a killing in self defence then it amounted to the degree of Manslaughterbut to no more

We also ask for a pardon because one of the Judges of the Supreme Court gave it as his Opinion that the judgment of the Circuit Court should be reversed and although the other two judges entertained a different opinion, yet this

His Excellency Samuel Houston Governor in and over the State of Tennessee.

The undersigned respectfully solicit from the executive of the state a pardon in behalf of Samuel M^cClure who is now under sentence of death for the alledged [sic] Murder of M^cBride.

We make this request because it seems from the record That the Grand Jurors who found the Bill were never sworn; an omission which strikes at the very Root of the invaluable privilege of the trial by Jury; an omission which has been heretofore again And again held by our Supreme Court in the time of Judge Haywood an error sufficient to induce that court to arrest the judgement of the inferior court.

And because as is shown by the said record, one of the petit jurors was an atheist proposed, And therefore an incompetent juror. And also as will be [seen?] by the record; because the evidence shows that Samuel M^cClure was found guilty of an offence of a higher degree than the evidence authorised of. it was not a clear case of a killing in self defense then it amounted to the degree of Manslaughter - but to no more.

We also ask for a pardon because one of the Judges of the Supreme Court gave it as his Opinion that the judgment of the circuit court should be reversed; and although the other two judges entertained a different opinion yet, this conflict between the judges creates such a doubt about the propriety of the execution of the defendent [sic] that that doubt of itself