ENPages
1
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 McClure 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
2
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 McClure as a fit and
