WRITINGS OF 5AM HOUSTON, 1860
83
Your reference to the Mays case, I presume is intended to be gratuitous by you, and I will therefore, regard it as such. The pardon was not granted, because I could not find merits .in the showing, and in as much as no appeal was taken he must have been satisfied with the verdict and the fairness of the trial. The petition was numerously signed, and I have no doubt by respectable persons, but I had to regard the finding of the jury acting upon their oath and presumed to be acquainted with all the circumstances of the case, ~s well as the high judicial functionary acting upon his oath, and having the power, if he had approved the judgment, to grant a new trial, but he affirmed the judgment. I could not slightly regard these circumstances. The jurors too, were citizens of the County, and they could have had regard for the embarrassments which the petition set forth as attending the County in its fiscal concerns. The Executive's duty is to vindicate the laws and see that they are executed, when that is done, his whole duty is performed. Had any new facts been shown after the trial, of which the jury were not apprised, showing that the accused had not had a fair trial, he would have felt authorized to grant pardon. This not being the case, he will not revise his action. Sam Houston.
iExecutive Reco1·ds, 1859-186!, pp. 187-188, Texas State Library.
To JOHN LITTLETONL Executive Department, Austin, June 23, 1860.
Captain John Littleton, Helena, Karnes County. Sir: Complaint having been lodged at this Department by Mr. James Bennett, alledging that after a regular and legal election, by the whole Company of officers of your command, which resulted in his election to a Lieutenancy, you did while upon a scout with twenty-four of your men, hold another election, without apprising him or the remainder of the company of your intention so to do, and that by the means of said irregular and illegal election, he was removed from his position as Lieutenant without his knowledge or consent, thus wrongfully placing another in his position and reducing him to the rank. The Executive desires to inquire into these facts. It is also alleged by Mr. Bennett that he was elected on the 2nd of February, and removed on the 14th of the same month. If such illegal and irregular election was
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