Early Governors' Papers

Nashville 12 March 1829

Dear Sir -

I could not reconcile it to my feelings, When reviewing my duties per formed at this place, to depart without calling your attention to the case of M^cClure under sentence of death on a charge of Murder -

For the part I have taken in that case I refer you to to my Opinion filed with the clerk - I feel no vain emotion in re= fering to it - It is for a higher reason that I wish it submited - It will shew how I searched after truth by walking in the light of others and adhering as I endeavoured to do to the constitution of my own country -

In the opinion I have not investigated the question of his guilt, or the crime of Murder - the other points discused [sic] were to

my mind so clear and decisive in fa vour of a reversal, that anticipating a reversal I did not wish to give an opinion which might in some measure infuence a second trial -

You will see by my opinion that I viewed all the proceedings as erroneous and void - The preservation of the trial by Jury in its purity being above every other consideration I could not yield to the opinions overruling me - To me it has appeared so much like a trial when substance if not form has been departed from that the restoring him (The prisoner) to society would be of less evil tendency than that the constelation should be violated to reach him -

For myself and with all due deference to the opinions of others - I recommend M^cClure as a fit and

His Excellency Sam^l Houston Nashville

M^cClure Case Judge Peck

Houston 1829

State of Tinasee Lincoln County

the undersigned The Petition of the undersignd cittizens of the County & State afores^d to his Excellency Samuel Houston Esq^r Governor of the s^d State of Tinasee your Petitioners Humbly Sheweth that a Certain Sam^l McClure was apprehended in the town of Fayetteville in the County afo s^d, for haveing kiled a m^r McBride & was convicted for the same for murder your Petitioners beg leave to state that they think & believe from the Best information they can get some Previous altercation did take Place Betweaen s^d McClure & Mcbride in which Probably some threats was made by McClure to kill Mcbride but we think it Probably the affect of insanaty but when the assault & Battery was made by McBride on McClure McClure had turnd his Back & was walking of[f] home when s^d s^d McBride Ran out of his shop dore with his hamer & to[n]gs first threw his Hamer with such violence & striking McClure on his back nock'^d him down & before he had time to Rise threw his toings with such violence struck him on the Head & cut through his hat & into his scu ull Bone which stunted McClure & the s^d McBride being a large strong Robust man & McCure a small man McBrid was able to hold him & Beat him first with one hand & then with the other which he did untill he got his death wound, McClure not being able to get a way, your Petitioners therefore being impres'^d with a belief that the assault & battery was mad by McBride with intent to kill, & that McClure kil^d him in self defence your ^Petitioners therefore Humbly Conceive that it would be unjust to hang McClure under those impressions your Petitioners hope your Excellency in your Clemency will grant a pardon for McClure as by so doing your Petitioners in duty bound shall Ever Pray &c

W^m P. Martin William T Poss Josiah Smith Joel D. Clements James P. Plenco Felix G M^cConnell H M H [Memon?] G W Blakemore John Roberts James Milsted Patrick glisten Zulus Milsted John Milsted Charles M^cKinney John M^cKeney G. W. Lang Milton Posey Orden W Poiter James Laylor James M^cKeney [Roth?] W Woodruff James Cuningham [?] Wallace]] William Swinney Tho^s Laton Jesse Coley James Swinney Benjamin Butler Cread Taylor John Taylor W^m H Taylor John Smith Jonathan C Taylor G W L. F M Taylor Tho^s J Adams John q adams James Adames W^m S Adams Lewis E Meal Taylor Eligia Taylor William Marshall Onean Taylor John S Taylor Jackson Taylor Abslam Taylor