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

respecful [sic] parantag (parenting) [sic] in this neighbourhood his mother died when he was small his father married again and moved to kentucky and left him in this place Your Excellency therfore in extening [sic] your mercy to said Peter Blake by granting him your Pardon will greatly Relieve the anxiety of his connection and your petitioners the said Peter Blake is now lying in Rogersville jail is to be sent to Greeneville to Receive his punishment on the 8 day of June next 1819 Your petitioners as in duty bound and will pray &c

John [Lorne?] Wm Dicksen DO Ro [Anelson?] W^m R Vance W^m [A Clere?] James R Isbell Do John A Dewoody Do Wm Dewoody Do Robert Maloney Do John Kennedy John Anderson Do Allen Brown Do George Brown Do

Joel [Dryden?] James Hays John Goss David Rice James Morrow John Morrow John Davis Stephen Allexander Tho allexander Wm Allexander [? allexander]