Letter to the Freedmen’s Bureau from citizens of Yazoo County, including William Henderson Foote, about the arrest of C. E. Morgan, September 20, 1868. (Freedmen’s Bureau Records, Records of the Assistant Commissioner, Mississippi (M826), Roll 024, Letters Received, Vol 005, Jan 1868-May 1869.)
Yazoo City Miss
Sept 20″ 1868
Maj. Genl. Alvin C. Gillem
Commanding 4″ Mil Dist.
Sir,
We desire to call Your attention to a case of persecution and mal-administration of Justice which has recently been developed in this county.
On Saturday 19″ inst, Charles E. Morgan was Arrested in this city – on a Bench warrant – By Deputy Sheriff George Hahn, and upon inquiry it was found that said warrant was issued in consequence of an indictment found by the Grand Jury in June last and for the same offence for which said C. E. Morgan was tried May 2nd 1868 by Mayor Doane – A transcript of which is herewith transmitted. It appears from the certified transcript of Mayor Doane’s Dockett that the case was finally disposed of, and that Morgan was severely punished. False appears from said transcript that the case was tried under military order No 20 – Decr 6th 1867.
The question was raised before Mayor Doane whether, he had Authority to try cases under said order No 20 whereupon Mayor Doane said he was specially instructed from Headquarters to do so. If this be true, then we claim that the civil authorities cannot try Morgan again for the same offense. 2nd If Mayor Doane had tried the case by Civil law, and made a blunder by disposing of the case, instead of binding said Morgan over for his appearance to court, the question then arises Should Morgan suffer for the wrong done by an officer of the law? We think not, and more especially when the matter is made a pretext for persecution for opionions sake.
We desire to be as brief as possible, and will now proceed to show the conduct of the officers concerned in making the arrest on the 19th inst, a plain statement of which will serve to show the animus.
It will be more than two months before the session of the Circuit Court and there is nothing to indicate that Charles E Morgan contemplated leaving the jurisdiction. Yet notwithstanding this said Morgan was suddenly arrested by George Hahn, who refused to tell said Morgan for what the arrest was made; they proceeded to the Clerks office before any satisfactory answer was vouchsafed. Mr Hahn then told the prisioner that he must go to Jail or give bonds in the sum of $250. Mr Hahn said to secure this, there must be two men who would each swear that they were worth $250, each over and above exemptions and all liabilities. This for a loyal man is almost if not quite impossible, and indeed for any man if the sanctity of an oath is in the least regarded. However we found one man who was willing to go bail and could take the required oath. He was offered, and in lieu of the other bond man a tender of $250 cash was made, this and all other offers were refused, and the said prisioner was committed to Jail and placed in the cell for condemned criminals of the worst grade. All this, together with current remarks on the streets proved to us that there was a conspiracy to put him in Jail for some malicious purpose. This view of the case is further sustained by the facts that the sheriff and his chief deputy were absent and that the whole charge of the officer was left to the said George Hahn who is a notoriously bad character, and is now accused of infanticide and we believe under straw bonds for the same. The same Deputy Sheriff Hahn, did personally make exulting remarks on the street about getting Morgan in Jail, and that he was going to keep him there. This seemed very probable because the Probate Judge being absent we could not get out a writ of Habaeus Corpus.
After keeping Morgan in Jail about nine hours, the said Deputy Sheriff consented to accept the bail and money which was offered in the morning before the commitment; that is to say, two men are bound in the sum of $250 each in addition to a deposit of money to the amount $250.
To recapitulate, we claim
1st That C. E. Morgan ought not to be tried twice for the same offence.
2nd That the Sheriff is guilty of false imprisonment in refusing to accept adequate bail.
3rd That it was done with malicious intent.
4th That the bail and money finally accepted is excessive unwarranted, and illegal and oppressive.
5th That Justice cannot be had in this case by civil law in this county.
We therefore respectfully request the Commanding General to quash the whole proceedings. Or order the whole matter be be investigated by a military commission at his earliest convenience.
Very Respectfully
C. E. Morgan
F. E. Franklin
S. G. Bedwell
J. W. Custer
W. H. Foote
In addition to the within we beg leave to say that no republican can show himself on the public streets or at church without being constantly insulted, and although the attention of the Mayor has been repeatedly called to this matter, and he has personally witnessed it, Yet he has failed to take any action in the matter. Nothing but the utmost forbearance on our part has saved the city and Country from serious disturbance.
C. E. Morgan
F. E. Franklin
S. G. Bedwell
J. W. Custer
W. H. Foote