government put up prisons of its own, and while still it parcelled out its human liabilities among State-owned institutions, paying so much apiece for their keep. When the government first began shipping a share of its felons to Chickaloosa, there came along, in one clanking caravan of shackled malefactors, a half-breed, part Mexican and the rest of him Indian, who had robbed a territorial post-office and incidentally murdered the postmaster thereof. Wherefore this half-breed was under sentence to expiate his greater misdeed on a given date, between the hours of sunrise and sunset, and after a duly prescribed manner, namely: by being hanged by the neck until he was dead. [13] At once a difficulty and a complication arose. The warden of the penitentiary at Chickaloosa was perfectly agreeable to the idea of keeping and caring for those felonious wards of the government who were put in his custody to serve terms of imprisonment, holding that such disciplinary measures fell within the scope of his sworn duty. But when it came to the issue of hanging any one of them, he drew the line most firmly. As he pointed out, he[14] was not a government agent. He derived his authority and drew his salary not from Washington, D. C., but from a State capital several hundreds of miles removed from Washington. Moreover, he was a zealous believer in the principle of State sovereignty. As a soldier of the late Southern Confederacy, he had fought four years to establish that doctrine. Conceded, that the cause for which he fought had been defeated; nevertheless his views upon the subject remained fixed and permanent. He had plenty of disagreeable jobs to do without stringing up bad men for Uncle Sam; such was the attitude the warden took. The sheriff of the county of which Chickaloosa was the county-seat, likewise refused to have a hand in the impending affair, holding it—and perhaps very properly—to be no direct concern of his, either officially or personally. [14] Now the government very much wanted the hybrid hanged. The government had been put to considerable trouble and no small expense to catch him and try him and convict him and transport him to the place where he was at present confined. Day and date for the execution of the law's judgment having been fixed, a scandal and possibly a legal tangle would ensue were there delay in the premises. It was reported that a full pardon had been offered to a long-term convict on condition that he carry out the court's mandate upon the body of the condemned mongrel, and that he had[15] refused, even though the price were freedom for himself. [15]
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