H^d Q^rs 45th Regt Ky Vols
Mt Sterling Ky 23 Jany 1864
To His Excellency
Gov^r Thos E Bramlette.
Governor.

In response to the reference to me of a complaint of Sundry citizens of Bath County, setting forth that the Civil Authorities had been molested by the commanding officer of a portion of my Regiment, I have the honor to represent to your Excellency — that a careful investigation satisfies me that the complainants do no properly state the facts.

A portion of the 45th Ky passed through the village of Sharpsburg on 1st Jany — While the detachment was halted there, a difficulty of of some private nature arose between parties unknown to me — except that one of them, Sharp or Sparks by name drew a revolver — It was taken from him by some one (possibly a soldier) and handed to a bystander who proved to be Peck, a constable. Peck had an execution in his pocket and held the pistol for it. But on Sharp (or Spark) claiming his property some soldier (without any orders or authority) joined in his demand and Peck, the constable surrendered the pistol— So soon as Liet Col Clark was informed of the facts, he, fearing lest the rescue of the pistol might be construed as authorized by him, and unwilling to be in any way thrown into any collision with the Civil Officers by obstructing

or seeming to obstruct a levy on Execution— issued an order to Sharp (or Sparks) to return the pistol to the Constable, W^m Peck. His order was in design and effect merely lending the military aid to enforce the authority of the Civil Officer— So far from weakening or clashing with the exercise of the Constables proper authority the order was designed to show conclusively that the military power would in every way aid and assist him—

I think a re-perusal of L^t Col Clarks order will satisfy Your Excellency of the correctness of this view of the case. I have obtained the facts from sources known to me to be reliable.

It may be proper to add that M^r Peck's political character is not beyond question, and that my Provost Marshal is engaged in investigating his alleged connection with Guerrilla horse-thieves

If Your Excellency would show this communication to Dr Barnes, Representative from Bath C^o it may satisfy him of the anxiety felt by every officer of this Regt to protect the Citizen in every legal right and strenghten the hands of the constituted Civil Authroities

I have the honor to be
Your Excellency's obt Servt
Jno Mason Brown
Col 45 Ky Vols