1

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