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Executive Department
Austin Texas March 18th 1867

Brig. Genl. Oakes
Commr U.S.Forces
Austin, Texas

General,

I have examined carefully the communication of Lt H Sinclair inspector B.R.F & AL addressed to Lieut J. T. Kirkham A.A.A.Genl on the 26th ult concerning the freed people who are convicts in the State Penitentiary together with the accompanying papers which were placed in my hands a few days since by you.

In answer to the suggestions contained in the communications referred to, and the request made through you by Majr. Genl. Griffin, that a pardon be granted the convicts alluded to (numbering in all two hundred and twenty seven).  I most respectfully submit that my duty as the Chief Magistrate of this State, having in charge a due enforcement of the laws, and the well being of the people of every class and color, precludes the indiscriminate action on my part, that is desired.

It will be seen by reference to the report made by the Inspector that these persons are confined for various offences, many of them of the gravest character, including Murder, Rape, Attempt at Rape, Arson, Robbery, Burglary, Assaults with intent to murder, Aiding prisoners in Jail to escape and theft.  The great majority are for Theft, and in many instances for stealing small amounts.  But it should be kept in mind that the same law was applicable and operated alike upon white persons; and that a party