Letter from D. O. Merwin to Mississippi Governor William L. Sharkey; July 20, 1865

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Letter from D. O. Merwin to Mississippi Governor William L. Sharkey; July 20, 1865

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People

Brooke, Unknown Hall, Unknown Janey, Unknown Johnson, Andrew, 1808-1875 Marshall, Unknown Merwin, D. O.Sharkey, William Lewis, 1798-1873 Smedes, Unknown

Events

Appointment to office Criminal Procedure--Arrest Resignation

Military Units

United States. Army

Occupations

Clerks Judges Messengers United States. President

Places

Ephesus (Turkey)Jackson (Miss.)Vicksburg (Miss.)Washington (D.C.)

Social Identifiers

African Americans Unionists (United States Civil War)

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[seal]

Private

Vicksburg July 20th 1865

Dear Judge

It is requested, by Mr Marshall, that you send the papers inclosed together with what you may choose to present by a special messenger to the President. I think it is very important that you take this precaution to secure that the matter is presented to him at all,—otherwise it may be acted upon in his name, without his ever seeing the recird. Nothing can be more important to the liberty & may be the life of the citsen, than the proper determination of the questioned presented. And one thing more Dear Judge, I take the liberty to express my opinion & urge my views in regard to your probable action in the matter. in case your views are not carried out, as expressed in your letter to Mr Marshall. You there say that if the civil authority is not maintained in whole by the Federal Goverment you

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will resign your position. Such a course would be most disastrous to the state & in violence to the wishes of your friends. It would result in the appointment of some unsympathising northern man—some mere tool of power. And permit me to urge in the refusal of the Military with or with instructions to obey the writ, there is no indignity offered to you. It is offered to a different branch of the Goverment, & even if it was ^not^—we have high historic president, that the refusal of power to obey the mandates of a Judge do not demand that he resign in support of either official or personal dignity. I might instance the arrest of Judge Hall—the refusal of military authority to obey the writ granted by Judge Janey—& the more recent instance at Washington. Your full memory will recall many more

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Mr Marshall, Mr Brooke & Smedes and so far as ^I know^ all your friends whose opinions would likely be of interest to you in such a matter take this view of your duty. It is ^at^ all events their view, & I present it not alone for myself

We hope as St Paul said to the town clerk of Ephisus you will do nothing rash in this matter. At least you will let your friends be further heard from before you take any irreversable action

Truly your friend
& Obdt Sert

D. O. Merwin

P. S. I do not know that Mr Marshall has presented ^it^ to you but I know from w him, & Mr Brooke & Smedes—that in this case of Jackson they

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are perfectly willing to admit before the proper civil tribunal the testimony of negroes. I state this because—though it can not have any thing to do in determining the question between the civil & military; it may result in a Compromise in this case valuable to Jackson.