Letter from T. A. Marshall and W. Brooke to Mississippi Governor William L. Sharkey; July 15, 1865
Title
Letter from T. A. Marshall and W. Brooke to Mississippi Governor William L. Sharkey; July 15, 1865
Subject
Freedmen.; Mississippi. Governor; Sharkey, William Lewis, 1798-1873; Slaveholders.; Slavery.; Trials (Murder)
Description
From the Mississippi Department of Archives and History Governor Sharkey Collection. Letter from T. A. Marshall and W. Brooke to Mississippi Governor William L. Sharkey concerning the shooting of a freedman by Joseph L. Jackson, his former enslaver.
Creator
Brooke, W.; Marshall, T. A.
Publisher
Mississippi Department of Archives and History. (electronic version); Mississippi Digital Library. (electronic version)
Date
1865-07-15
Contributor
Funding for this project provided by The Dale Center for Study of War and Society-USM, the Mississippi Department of Archives and History, the Mississippi Digital Library, the National Endowment for the Humanities, the National Historical Publications and Records Commission, the University of Southern Mississippi, and the Watson-Brown Foundation
Rights
NO COPYRIGHT - UNITED STATES; http://rightsstatements.org/vocab/NoC-US/1.0/
Language
English
Identifier
mdah_771-955-04-02
Coverage
1865
Text
Page 1:
Vicksburg—Miss—July 15th" 1865
Gov. Wm" L. Sharkey,
Dear Sir,
We have a case involving one of the most ^important^ questions that can arise in our State, or in any State, and upon the proper solution of which the lives and liberties of many of our people may depend, And we desire, if it so agreeable to you, to get your aid in settling the matter, if possible, without conflict or collision between the Civil and military authorities of the Country—The facts, out of which the question arises, are Substantially these—viz—On the 4th" day of this month, Mr. Joseph L. Jackson, son of Mrs. Halsey family Mrs Stephen M. Jackson, on his, [strikethrough]on his[strikethrough] mother’s plantation in Washington County, in defence of his own life as he insists, shot and killed one of the laborers on the place, formly his own, [strikethrough]or his mother’s[strikethrough] slave and working
Page 2:
this ^year^ under a special Contract—A few days ago an officer, sent from this place, arrested Mr. Jackson at his home in Washington County, and brought him here by order of the Assistant Provost Marshal at this post—And handed him over to the “Assistant Commissioner of the Freedmen’s Bureau” for this State to be tried by a Commission to be organized by him, for murder—Failing in our efforts to induce the Assistant Commissioner of the Freedman’s Bureau (Col. Samuel Thomas) to remand him to the Civil au=thorities of Washington County—we ob=tained from Judge [Mimin?] a writ of habeas corpus—but did not succeed in getting it [served?] on Col. Thomas who has either accidentally or designedly been absent from his office ever since—In the mean time some one here has telegraphed to the Secretary of War, as we understand for instructions and this morning Genl. Slo-cum (who arrived here day before yesterday and who would be very glad to get rid of all such cases—and of all cases not coming strictly within military jurisdiction) informed Mr. Brooke that he is instructed (by Mr. Stanton we suppose) to have Mr. Jackson tried before a military Commission to be organized by him—
Neither Mr. Jackson nor the negro man he Killed belonged to, or has in any manner ever connected with any military Command or Organization of the United States—And we feel very confident Mr. Jackson is entitled, under the Constitu=tion and laws of this State and of the United States, to a public trial by a jury of Washington County—and can not be legally tried in any other way—We would be glad to avoid resorting to the remedy of habeas Corpus—if possible— The military might and we have very little doubt would refuse to obey the writ or the judgement rendered by Judge [Mimin?] on it—And would of course dis-regard any attachment he might order for
Page 3:
contempt—In that contingency we suppose he would feel bound to report the facts to you and you would probably appeal to the Presi-dent—Our desire therefore now is to [request?] you to present the case, by telegraph, and mail also if you think proper, to the President without waiting to force the conflict of jurisdiction. and induce him, if he thinks it right, as we suppose he certainly must or would, to order Mr. Jackson to be turned over to the Courts or Civil tri=bunals—and proceeded against according to law—The strong probability is that the only reason why the authorities here did not do so at once, was that the wit=nesses against Mr. Jackson, as well as some of those for him are negros—and conse=quently not Competent before a Civil Court—We offered, however, (tho' we were clearly not bound to do so) to waive all objections to witnesses on account of Color and permit all to testify—But the offer was not accepted—
If you will be Kind enough to pre-sent this case to President Johnson as ear-ly as practicable—You will not only [very?] greatly oblige Mr. Jackson and ourselves—but save us all, yourself included,—an unpleseant and imbarrassing case —we may otherwise have to make—
Your friends
Very respectfully & truly
T. A. Marshall &
W. Brooke—
Vicksburg—Miss—July 15th" 1865
Gov. Wm" L. Sharkey,
Dear Sir,
We have a case involving one of the most ^important^ questions that can arise in our State, or in any State, and upon the proper solution of which the lives and liberties of many of our people may depend, And we desire, if it so agreeable to you, to get your aid in settling the matter, if possible, without conflict or collision between the Civil and military authorities of the Country—The facts, out of which the question arises, are Substantially these—viz—On the 4th" day of this month, Mr. Joseph L. Jackson, son of Mrs. Halsey family Mrs Stephen M. Jackson, on his, [strikethrough]on his[strikethrough] mother’s plantation in Washington County, in defence of his own life as he insists, shot and killed one of the laborers on the place, formly his own, [strikethrough]or his mother’s[strikethrough] slave and working
Page 2:
this ^year^ under a special Contract—A few days ago an officer, sent from this place, arrested Mr. Jackson at his home in Washington County, and brought him here by order of the Assistant Provost Marshal at this post—And handed him over to the “Assistant Commissioner of the Freedmen’s Bureau” for this State to be tried by a Commission to be organized by him, for murder—Failing in our efforts to induce the Assistant Commissioner of the Freedman’s Bureau (Col. Samuel Thomas) to remand him to the Civil au=thorities of Washington County—we ob=tained from Judge [Mimin?] a writ of habeas corpus—but did not succeed in getting it [served?] on Col. Thomas who has either accidentally or designedly been absent from his office ever since—In the mean time some one here has telegraphed to the Secretary of War, as we understand for instructions and this morning Genl. Slo-cum (who arrived here day before yesterday and who would be very glad to get rid of all such cases—and of all cases not coming strictly within military jurisdiction) informed Mr. Brooke that he is instructed (by Mr. Stanton we suppose) to have Mr. Jackson tried before a military Commission to be organized by him—
Neither Mr. Jackson nor the negro man he Killed belonged to, or has in any manner ever connected with any military Command or Organization of the United States—And we feel very confident Mr. Jackson is entitled, under the Constitu=tion and laws of this State and of the United States, to a public trial by a jury of Washington County—and can not be legally tried in any other way—We would be glad to avoid resorting to the remedy of habeas Corpus—if possible— The military might and we have very little doubt would refuse to obey the writ or the judgement rendered by Judge [Mimin?] on it—And would of course dis-regard any attachment he might order for
Page 3:
contempt—In that contingency we suppose he would feel bound to report the facts to you and you would probably appeal to the Presi-dent—Our desire therefore now is to [request?] you to present the case, by telegraph, and mail also if you think proper, to the President without waiting to force the conflict of jurisdiction. and induce him, if he thinks it right, as we suppose he certainly must or would, to order Mr. Jackson to be turned over to the Courts or Civil tri=bunals—and proceeded against according to law—The strong probability is that the only reason why the authorities here did not do so at once, was that the wit=nesses against Mr. Jackson, as well as some of those for him are negros—and conse=quently not Competent before a Civil Court—We offered, however, (tho' we were clearly not bound to do so) to waive all objections to witnesses on account of Color and permit all to testify—But the offer was not accepted—
If you will be Kind enough to pre-sent this case to President Johnson as ear-ly as practicable—You will not only [very?] greatly oblige Mr. Jackson and ourselves—but save us all, yourself included,—an unpleseant and imbarrassing case —we may otherwise have to make—
Your friends
Very respectfully & truly
T. A. Marshall &
W. Brooke—