Category Archives: Featured Article

The Conundrum of Gun Control in War-torn Kentucky

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By Matthew C. Hulbert

Gun control—particularly when it concerns the ability of private citizens to carry concealed firearms in public—is one of the most controversial and hotly-contested political issues twenty-first-century America has to offer. Conceptions of the past often play a major role in how the debate is framed. When we imagine the United States in the mid-nineteenth century, there’s a tendency to envision everyone (minus slaves) legally carrying a weapon whenever, wherever, and perhaps most importantly, however, he or she wished. From frontiersmen (see Jeremiah Johnson [1972]) and quick-drawing shootists (see The Outlaw Josey Wales [1976]) to gamblers and their belly guns (see Maverick [1994]) or even Jim West’s spring-loaded Derringer (see The Wild West [1965-69]), pop culture has done much to reify that America was, in its “frontier days,” a gun-toting nation. What most observers don’t realize, however, is that this seemingly modern debate over the right to bear arms has actually been raging since the 1860s—and nowhere was it more intense than Civil War Kentucky.

In May 1866, John L. Peyton was indicted in the Hopkins Circuit Court for carrying “concealed deadly weapons,” which essentially meant that he’d left home with a revolver tucked under his coat or hidden in a pocket. The law in Kentucky that regulated concealed weapons dated back to March 1854:

Sec. I. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That if any person shall hereafter carry concealed any deadly weapons, other than an ordinary pocket knife, except as provided in the next section, he shall be fined on the first conviction not less than fifty nor more than one hundred dollars, and on any subsequent conviction not less than one hundred nor more than five hundred dollars.

Sec. II. That the carrying of concealed deadly weapons shall be legal in the following cases:

  1. Where the person has reasonable grounds to believe his person, or the person of some of big family, or his property, is in danger from violence or crime.
  2. Where sheriffs, constables, marshals, and policemen carry such weapons as are necessary to their protection in the efficient discharge of their duty.
  3. Where persons are required by their business or occupation to travel during the night, the carrying concealed deadly weapons during such travel.

Sec. III. This act shall be given in charge by the judges to the grand juries.

According to his supporters, Peyton had good reason not to travel in Hopkins County without a gun. In February 1866, he’d been appointed the Superintendent of Freedman’s Affairs there and charged with overseeing the transition from bondage to citizenship of the area’s African American population. Neither task nor title won Peyton many new friends among local Conservative Unionists (those who’d remained loyal to the Union for sake of protecting the institution of slavery) or among Rebel guerrilla bands (some of whom hadn’t yet called it quits in 1866).

Peyton’s defenders dispatched a petition to Governor Thomas E. Bramlette requesting that the charge be dropped. Their plea was based on two mitigating factors. First, that “being an officer of law, duly appointed, and acting and believing it to be his [Peyton’s] right and that the circumstances eminently justified it, did carrying a Colts Navy Revolver about the country for protection, during a part of his term of office.” And second, “that it would have been unsafe for said Peyton or any one else in the discharge of a similar office in said county, to have gone unarmed in the country, owing to the presence of late Guerrillas and lawless characters, who would have delighted to murder the ‘Nigger Bureau’ as he was decisively and maliciously called by them.” In other words, Peyton’s circumstances adhered to the letter of the law; carrying a concealed weapon was a de facto requirement of his job and to condemn a man in his line of work for doing so was like asking him to commit suicide.

This was a problem Noah Allen faced a county away while defending himself against an identical charge in the Crittenden Circuit Court. Though not an agent of the Freedman’s Bureau, Allen was a discharged Federal soldier (formerly of the 17th Kentucky Cavalry) and, like many of his ilk, had been allowed to retain his sidearm for purposes of personal protection. Petitioners on his behalf noted that the “country was filled with desperate men, and Union soldiers were being murdered everywhere.” Worse still, while the law appeared to favor Allen’s case, the men doing the murdering seemed to control the justice system. “Our Rebel jury,” Allen’s supporters continued, “were not satisfied until he [Allen] was indicted” even though “Rebels carry their arms every where and not one have they ever been indicted.”

A few years prior to the petitions from Peyton and Allen, Bramlette had been asked to intervene in the legal proceedings against Richard Murray (1863) and Brutus J. Clay (1864). Murray, of Munfordville, Kentucky, was convicted of possessing a concealed deadly weapon and fined $100 when a revolver he was apparently hiding in his pants discharged and resulted in a serious injury. According to a petition penned on Murray’s behalf, he was unable to pay the $100 penalty for carrying the weapon because “he is now a cripple and will be for life” as a result of his self-inflicted wound.

skein imageClay, the son of noted Kentuckian Cassius M. Clay (and the namesake of Cassius’s brother, Brutus), was walking along the road one afternoon and stopped to throw a rock at a pigeon; he missed, and the stone projectile struck a bridge house. The bridge keeper, a Mr. Gale, became enraged and threatened to assault Clay—but retreated when the young man produced a revolver that had been concealed in his clothing. While their situations seem far more trivial than former Union soldiers being hunted by pro-Confederate guerrillas or a man accidentally shooting himself in the leg—and while neither seemed to meet the justifications for concealed carry as stipulated by state law—Bramlette granted each a pardon because he believed that “in a time of Civil War when every loyal man ought to be armed for defense; I think none should be fined for being armed.”

The cases of Peyton, Allen, Murray, and Clay underscored a set of deep, interconnected problems that plagued Kentucky—and its governors—during the war and its immediate aftermath. Though the state had remained loyal to the Union, many Kentuckians had only done so to protect their hold on slave labor and white supremacy. When war broke out in 1861, they couldn’t have imagined Lincoln or his Republican allies in Washington D. C. punishing their loyalty; even so, the Peculiar Institution was eradicated and, in response, violence against newly-freed African Americans and their supporters—that is, men like Peyton—exploded. (So much so that Kentucky became one of only two non-Confederate states to elicit the presence of Freedman’s Bureau agents.)

And then there were the guerrillas. Bramlette and his top commanders had struggled mightily to control them during the war and fared little better during Reconstruction, as irregular activity took on a decidedly pro-white, as opposed to anti-American hue. In turn, ex-guerrillas found more generalized support among white former Unionists. This alliance, combined with restrictive gun laws in the Commonwealth, made life exceedingly precarious for the likes of Peyton and Allen. On one hand, statutes against concealed weapons existed to protect civilians from guerrillas and outlaws—but did little to help former soldiers and current government agents when those civilians turned on them, formed terror organizations, and became guerrillas and outlaws. On the other hand, the “shenanigans” performed by Murray and Clay underscored that even in times of war, loyal men with concealed weapons could often do more harm than good—and made it difficult to justify officially loosening the reins on concealed carry during the war or afterward.

At first glance, the solution seems so obvious: to openly carry a sidearm. It was, after all, perfectly legal to do so in Kentucky during and after the war. In reality, though, there wasn’t a solution outside of carrying concealed weapons for Peyton and Allen, and both seem to have known it. To go totally unarmed meant certain harassment and potential assassination. To go armed so brazenly, however, essentially invited a fight; more to the point, it invited a fight with men who’d spent the war perfecting the art of killing and evading capture—and who had the ability to influence when and how juries enforced the 1854 statute. For lack of a better, more formal description, this scenario was simply a “lose-lose” for Peyton and Allen, a direct and unavoidable consequence of Kentucky’s unique Civil War and Reconstruction experience.

In the bigger picture, it was also a systemic problem for Thomas Bramlette and the state’s pro-Union government. Bramlette’s chief task as governor was to protect his loyal constituents—but as the nature of Kentucky’s war created a necessity for citizens to arm themselves in self-defense from guerrillas run amok on the homefront, it simultaneously created a necessity for Bramlette to more strictly enforce extant guns laws to protect certain citizens (read: Richard “the leg shooter” Murray) from themselves. It simply wasn’t possible for Bramlette to assuage both needs at once and the consequences of this inability continue to echo: the conundrum of self-protection vs. protection from self has been debated for 150 years since and shows no signs of abatement.

 

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: J. A. Skein to Thomas E. Bramlette, 6 Nov 1863, Kentucky Department for Libraries and Archives, Frankfort, Kentucky (hereafter KDLA); G. T. Wood et al. to Thomas E. Bramlette, 10 Nov 1863, KDLA; Brutus J. Clay Affidavit, 19 March 1864, KDLA; R. J. Littlepage et al. to Thomas E. Bramlette, n.d., KDLA; Richard H. Stanton, The Revised Statutes of Kentucky, Volume I (Cincinnati: Robert Clarke & Co., 1867), 414.

Civil War Governors at Keele

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In a previous post, Patrick Lewis discussed the exciting opportunity to bring the work of CWG-K to the David Bruce Centre Colloquium held at Keele University in England. This video is the web version of his presentation. Watch it for a preview of the powerful social networks that CWG-K will be able to generate and analyze!

Mental Health and Criminal Justice in Civil War Kentucky

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By Matthew C. Hulbert

In 1862, Thomas Edrington shot and killed his wife at point-blank range. A murder trial ensued — the verdict of which hinged largely on the matter of Thomas’s sanity and the court’s consideration of his health…

To find out what happened to Thomas Edrington and how CWG-K documents can help us understand the intersection of mental health, crime, and legal justice in Civil War Kentucky, please check out this week’s dispatch from the CWG-K archives graciously hosted by Nursing Clio.

One Time in Civil War Kentucky…: Intemperance and Crime on the Homefront

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By Matthew C. Hulbert

Within the database of the Civil War Governors of Kentucky Digital Documentary Edition, cases abound of alcohol-related crimes: gambling, vandalism, larceny, tippling, rape, and even murder. This shouldn’t land as much of a surprise: law enforcement distracted by a war on the homefront, hard economic times, easy access to deadly weapons, and even easier access to liquor all tended to mix as poorly in the mid-nineteenth century as in the present. In the simplest terms, as the following four cases will underscore, Civil War Kentucky was a stage set for tragic—and oft-times bizarre—intersections of intemperance and crime.

The last words of an inebriated Ewing Litterell.

The last words of an inebriated Ewing Litterell.

We begin with the booze-fueled demise of Ewing Litterell. On a spring evening in 1858, he arrived—intoxicated and uninvited—at the Savage household. There, James Savage lived and cared for his elderly parents, while also providing for his younger sisters. According to court testimony, Litterell burst into the house “with a pale of whiskey” in hand and “declared his intention to have a frolic.” James vehemently protested the intrusion and commanded Litterell to leave. In response, Litterell “exposed his person in the presence of the family” and proclaimed that “he was a stud horse and had had intercourse with all the family both mother and sisters and would do so again when it suited his convenience.” To this final insult, James Savage responded not with his mouth, but with his rifle; Litterell fell dead in his tracks. Savage was charged with manslaughter and imprisoned for five years before receiving a pardon in September 1863.

Now consider the plight of 70-year-old John Branstetter, once an upstanding citizen, but by June 1864, a virulent alcoholic. As described by men petitioning Governor Thomas Bramlette to remit a gambling fine on his behalf, Branstetter had generally been known as a “sober & discreet man.” That is, until an encounter with Confederate guerrillas derailed his life. In addition to being robbed of “a great deal of his property,” Branstetter’s two sons “joined an independent company called the ‘Metcalfe Tigers’ for the purpose of hunting down guerrillas & were exposed to many dangers.” The thought of his boys gunned down in the bush by heartless marauders drove John Branstetter straight into the bottle. To be fair, he certainly wouldn’t have been the only father to cope with a son’s military service by drinking. But, as the petitioners also revealed, Branstetter wasn’t your average drunk—liquor made him “delirious and wild.” He became so untamed, in fact, that he literally had to be “guarded” by neighbors once a drinking spree ensued. His plea for clemency was rejected.

Next, we have the account of Mary Doolin, who was “shot & died from Effects of same, by a gun in hands of one Thomas Kinsloe.” Supporters of Kinsloe alleged that he’d come home one day in October 1864 to find Doolin drunk in his house. The two had always been friends, but on this day, for reasons unexplained, “he & her had a fuss” in which “she tried to scald him.” Kinsloe grabbed and aimed a shotgun at Doolin, though, if we believe his side of the story, he believed the gun unloaded and only intended to scare her. Regardless of what Kinsloe believed, when he pulled the trigger, smoke and lead shot erupted from the barrel, the latter striking his stunned target in the hip. The wound proved quite serious and the rest of Mary Doolin’s life would not be pleasant. “She was taken to the hospital” where, after several days of agony, a group of “unskillful surgeons amputated her leg.” Doolin died soon after and Kinsloe went to prison—though he always claimed the surgeons had done more to kill Doolin than he had.

And, finally, we come to the legal troubles of Lafayatte Brafford and John Mullins. In spring 1862, a Kenton County jury found both men guilty of manslaughter following their roles in the death of a man named David McCullough. Everything had started a few weeks earlier when Brafford and Mullins, both “having indulged in drink too freely,” jumped into the carriage of a passing meat wagon. In the process, “Brafford by accident sat down in a bowl of sausage meat.” The wagon’s owner, the aforementioned McCullough, briefly scolded Brafford and Mullins. The pair of drunkards then followed McCullough back to his butcher’s shop, where a general melee ensued. Mullins attempted to enter the shop, but McCullough refused to let him in and blocked the doorway. In turn, Mullins shouted “You won’t do me that way!” to which McCullough responded by hitting him in the face with a two pound weight. Though staggered by the blow, Mullins managed to drag McCullough to the floor with him—at which time Brafford ran forward and stabbed McCullough three times with a small pocketknife. According to testimony, the wounds were only superficial, which explains how McCullough kept fighting.

A few minutes later, all three men were winded; they sat staring at each other on the steps of McCullough’s shop. Mullins asked McCullough if his nose was bleeding. McCullough informed Mullins that it was, in fact, and Mullins retorted that McCullough’s nose was also bleeding—just as he landed a brutal sucker punch to McCullough’s jaw. This ended the fight, but not for sake of the punch itself. Almost at once, all three men realized that their brawling had splintered a barrel and that one of the shards had punctured McCullough’s abdomen. The wound bled profusely and the butcher died twelve days later, almost certainly from infection. Despite their initial convictions, both Brafford and Mullins requested pardons from Governor Beriah Magoffin after only a few months in the state penitentiary. Their supporters alleged that “both Brafford & Mullins were intoxicated greatly” at the time of the assault and could not, therefore, truly be held responsible. (In other words, the liquor made them do it.) Moreover, Mullins apparently promised that “after the lesson of the past few months”—in which he’d drunkenly vandalized a man’s property and then helped kill him—he would “forever abandon intoxicating drink, & adhere to those habits of industry & sobriety for which he has been so uniformly noted during the years of his youth & early manhood.” Magoffin granted both pardons.

The sagas of Ewing Litterell, John Branstetter, and Mary Doolin are not recounted here to suggest that good things didn’t happen to people who drank excessively in Civil War Kentucky. (After all, it’s no great secret that the same booze that got Brafford and Mullins into trouble in the first place also formulated the grounds for the clemency they received from Magoffin. Occasionally, it seems, drunkenly committing a crime trumped committing it soberly.) However, it would also be incorrect to assume that bad things didn’t happen to non-drinkers. On that issue, look no further than James Savage, Thomas Kinsloe, or the unfortunate David McCullough who, when all was said and done, had essentially died over a man sitting in a bowl of sausage meat.

In the end, the flood of intemperance-related paperwork that crossed their respective desks should have made one thing abundantly clear to each of the state’s Civil War governors: between 1861 and 1865, the odds of finding oneself wild and delirious, arrested and fined, assaulted, stabbed, imprisoned, under the knife of incompetent surgeons, impaled by a barrel stave, or otherwise dying an unimaginably horrible death increased exponentially when distilled spirits entered the equation. But learning that lesson was one matter; attempting to force sobriety on a populace equal parts armed, enraged, and skeptical of government was another altogether. The smartest play any of the Civil War governors could make was probably to stick with the devil they knew—to let the people drink. And drink they did.

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: M. P. Buster to Unknown, 28 Sep 1863, Kentucky Department for Libraries and Archives, Frankfort, Kentucky (hereafter cited as KDLA); Robert Miller et al. to Thomas E. Bramlette, n. d., KDLA; Affidavit of George Shirley and E. Wilty, 13 June 1864, KDLA; John L. Sallee to James F. Robinson, 20 May 1863, KDLA; Benjamin Fink et al. to Beriah Magoffin, 30 July 1862, KDLA; A. J. Gray to Beriah Magoffin, n.d., KDLA.

Civil War Governors Going to England

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keele logoPatrick Lewis will take the Civil War Governors of Kentucky (CWG-K) across the Atlantic to the David Bruce Centre for American Studies at Keele University in Staffordshire, England. On October 30, 2015, he will present with leading scholars from the United States, Canada, and the U.K. at the Bruce Centre’s colloquium on the Civil War and Slavery. He was interviewed by the Insider, the KHS staff magazine.

For updates on the trip, follow Patrick @KyPLewis and #CWGK

Q: What makes this opportunity at Keele special?
A: A couple of things. First, it allows KHS to demonstrate what our staff already knows; we are doing world class work here and our emphasis on digital dissemination of our collections, our resources and our scholarship means that Kentucky history will be front and center as students, teachers and researchers across the world write the next generation of history and use Kentucky lessons to address worldwide challenges.

But this isn’t just about KHS making connections to international institutions. This colloquium highlights how the quality of KHS programs feeds off of and mutually benefits each other. The event is being organized by two-time KHS Scholarly Research Fellow Laura Sandy. A few years ago, Laura came to do work on so-called “slave stealing” abolitionists in the antebellum era. We at CWG-K knew that our project would have wonderful material for her to extend that study into the war years, but we weren’t far enough along to let her access anything.

When Laura came back this summer, that had changed. She spent weeks combing through our nearly 12,000 transcribed documents and took home a massive haul of primary sources for herself, her graduate students, and her classroom. Laura was putting together the program for the colloquium while she was in Kentucky and insisted that we come to share CWG-K with American historians working in the U.K.

This opportunity to show the power of CWG-K to an international audience would never have been possible if KHS hadn’t built a relationship with Laura through the fellowship program. Our quality work across the organization helps us build a reputation for excellence, launch new programs and find new constituents in unexpected places.

Q: Why is a project like Civil War Governors important for international scholars?
A: Access. Laura knows firsthand how difficult it can be to find research travel funds. The financial barrier to conducting original research is huge for domestic scholars, but it is unbelievable for those across an ocean. CWG-K will break down those barriers by providing free digital access to documents from archives in Kentucky and across the United States. For the people at this colloquium, CWG-K is a lifeline for teaching and research material that will sustain American history programs in the U.K.

But this question of access is just as important here in Kentucky as it is in England. For students and teachers in rural counties who can’t afford to travel or purchase historical database subscriptions, CWG-K provides them free access to world class content that fits their curricular needs and is set in their home towns.

Access is why CWG-K is such a great KHS project. It gives back to our Kentucky communities while it simultaneously faces outward and shows the best of the Commonwealth to the world.

Q: So, with CWG-K going online soon, why do scholars like Laura even need to come to KHS anymore?
A: Simple, for every question that CWG-K will help researchers answer, it will raise many more. CWG-K couldn’t be a better advertisement for doing historical work in Kentucky and on Kentucky topics. Say a student uses CWG-K to write a short seminar paper; as they look to expand that germ of an idea into a thesis or dissertation, they seek out KHS collections and apply for KHS fellowships to broaden their source base and confirm the initial findings they made using our database. They find more resources in our online catalog and digital collections, make a list of relevant artifacts in the object catalog, tap KHS staff connections to find related content in Lexington and Louisville, spin off a chapter for publication in the Register, and serve as panelists for a public symposium we host.

CWG-K will be yet another access point that establishes relationships between KHS and history professionals. And KHS has an excellent habit of developing those relationships into really productive partnerships that touch on every part of KHS and benefit all of our constituent groups.

Pappy’s Pappy: Liquor, Law, and the Origins of a Legend in Civil War Era Kentucky

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By Matthew C. Hulbert

On November 2, 1865, a petition arrived on the desk of Governor Thomas E. Bramlette. Two men from Wayne County, Granville Ingram and Levi Baker, each faced a $100 fine for “tipling.” (That is, for dealing in unlicensed liquor.) Relative to modern legal standards, it’s common to assume that alcohol restrictions were lax in the 1860s—if not altogether nonexistent. In fact, before proceeding with our story, it’s worth taking a moment to note that the production, sale, and consumption of distilled spirits in Kentucky were heavily regulated in the 1860s, almost as much as they are today. Even as the Civil War raged around them, scores of civilians found themselves in court for various liquor-related offenses: unlicensed distilling, unlicensed sale, selling in the wrong unit or quantity, selling liquor to minors, being drunk on duty, and a wide array of more violent, booze-fueled crimes ranging from arson and assault to homicide. (More on this in next week’s blogging.)

It would be easy, then—and admittedly more exciting—to imagine Ingram and Baker as something like the Popcorn Suttons of their day; small-time operators who defied the law to provide their customers with the oldest variety of old school Kentucky whiskey. In reality, though, they were legitimate salesmen; they had a pretty good excuse for their fines and, more important still, a very influential lawyer on their side.

As Bramlette scanned the petition, he would have immediately noticed that Ingram and Baker had “applied to and obtained from the Government of the United States a license in due form and paid the tax thereon.” Reading further, it would have become evident that the state’s own inability to function properly at war had contributed more to the conviction of Ingram and Baker than any true criminal mischievousness.

That they would also have obtained a license from the Trustees of Monticello and paid the tax thereon to the Corporation and to the state, but during the time they operated under the license from the general government, there were no trustees in Office, and Consequently they were unable to procure Corporation license. They state that they had no intention of violating any law or defrauding the state or Corporate authority, And moreover they carried on the business at the time of the invasion of this portion of the state by Rebels, and at the time law and Order was unknown in this section of the County.

In layman’s terms, Ingram and Baker had obtained the license required of them to sell whiskey by the federal government—but they also needed local and state licenses. (This likely means they were selling to the Union army; federal customers required federal licensing.) Owing to the aforementioned “invasion,” those local and state licenses were not readily available for purchase. As you can imagine, county clerks didn’t tend to hold fast and defend their posts when enemy forces, regular or guerrilla, arrived in town.

These things considered, Ingram and Baker implored Bramlette to “release them from the payment of that portion of the fines to which the State is entitled. In return, they even promised “not [to] annoy your Excellency with such importunities for the future.” Several citizens of Wayne County supported the petition, but none were more important than John Sallee Van Winkle, an attorney in Wayne County and the brother of Ephraim L. Van Winkle (then Kentucky’s secretary of state). Toward the end of the document, J. S. Van Winkle signed and insisted that “there can be no doubt but the remission asked is proper & should be granted.” Bramlette heeded his advice; the fines were remitted on November 13, 1865.

Ultimately, this case underscores how difficult it was for the state to maintain its civilian responsibilities during the war, but should also remind us that life didn’t simply pause on the homefront until the conflict concluded. The wheels of local and state government were expected to keep turning—which, as a result, should have allowed the whiskey to keep flowing. But the archive of The Civil War Governors of Kentucky Digital Documentary Edition is overrun with tippling and bootlegging cases. The real interest in this story has to do with John Van Winkle and the role his family would play in the future of legal liquor ventures in the Bluegrass State.

40846871_125067809566In 1866, when E. L. Van Winkle passed away unexpectedly, John was tapped to finish his brother’s term as secretary of state. When the appointment ended, he returned to his law practice, and worked there until his own death in 1888. Given that he and his brother were such luminaries of the state’s legal community, it’s more than a little surprising that John’s son, Julian P. Van Winkle, didn’t follow in their footsteps and study the law. To this day, whether they know it or not, bourbon enthusiasts reap the rewards of his decision.

This is because J. P. Van Winkle is better-known as “Pappy”; he is the bespectacled, cigar-puffing old gentleman on the logos of Kentucky’s—and maybe even the world’s—most sought after bottles of bourbon. Today, there are three labels bearing the “Pappy” moniker: Pappy Van Winkle 15 Year, Pappy Van Winkle 20 Year, and Pappy Van Winkle 23 Year. Generally impossible to find on store shelves, they’ve become the stuff of bourbon lotteries and an unprecedented heist in 2012 dubbed “Pappygate.”

Born in 1874 in Danville, Kentucky, Julian worked briefly as a store clerk before finding employ as a salesman at the wholesaling firm of W. L. Weller & Sons. (Yes—that W. L. Weller. He also shows up in the CWG-K archive, but that’s another story for another time.) Eventually Julian became a distiller himself and, after Prohibition, helped oversee operations at the famed Stitzel-Weller facility in Shively, on the outskirts of Louisville. A few years after his death in 1965, most of the S-W labels were sold, but Old Rip Van Winkle remained in the family and charge of the business has passed from generation to generation of Julian Van Winkle’s (Sr.) descendants.

pappy-van-winkle-23Now to argue that John Van Winkle’s defense of hardworking, but improperly licensed, whiskey peddlers inspired his son to become a bourbon icon would make for an incredible ending to our story. It would also be entirely apocryphal. Julian wasn’t born for a decade after the Ingram-Baker trial and odds are good that he never knew a thing about it. And even if he had, it wouldn’t have stood out. In those days, tippling cases in Kentucky truly were a dime a dozen.

But what he probably did know about, thanks to that wealth of tippling cases and his father’s legal work, was just how complicated and competitive the distilling industry could be, especially for someone just starting out in the business. So the truly remarkable point here isn’t that Julian “Pappy” Van Winkle eschewed a surefire (and no doubt lucrative) career in the family’s legal empire to make bourbon—it’s that in a family once known for powerful Civil War era litigators and secretaries of state, he transformed their empire into making bourbon.

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: “G. C. Ingram and L. P. Baker to Thomas E. Bramlette,” 2 Nov 1865, Kentucky Department for Libraries and Archives, Frankfort, Kentucky; 1860 United States Federal Census; 1870 United States Federal Census; 1910 United States Federal Census; 1940 United States Federal Census.

Homefront Hazards: Sexual Violence and the Court-Martial of Lt. Charles Helton

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By Matthew C. Hulbert

In January 1864, a court-martial convened in Lexington, Kentucky, to decide the fate of Charles Helton. As Second Lieutenant of Company I, 39th Regiment, Kentucky Volunteer Mounted Infantry (U.S.A.), Helton and the men he commanded had an inherent duty to protect civilians from all manner of Confederate assault. The events of December 14, 1863, however, underscored the extent to which those civilians often needed guarding from the very men supposedly paid to protect them.

According to court documents, on the aforementioned December 14, 1863, Helton went to the house of Thomas Russell, himself a Union officer (a captain of the 45th Kentucky Volunteer Infantry) and “did in a rude and ungentlemanly manner use threatening and insulting Language to the wife and daughter of Capt Thos Russell.” More startlingly, Helton also tried to persuade Russell’s daughter to “accompany him from the house” and, when the young girl refused, he drew his pistol and shouted “By god you shall go or I will kill you.” The victim, whose first name was not revealed in the proceedings, successfully fled from the scene and escaped Helton’s ultimatum. For this incident, he was charged with “conduct unbecoming an officer and gentleman,” though attempted kidnapping with the intent to commit rape might have been more appropriate given how the rest of the day would unfold…

Stung by his failure to lure off the young Miss Russell, Helton next went to the home of Emanuel Spence. There, he again hurled “insulting Language” and managed to fire his pistol in the house (fortunately not wounding anyone). Once more, he attempted to abscond with a female captive; having already displayed a willingness to use his gun, Helton employed “threats” of violence to “compel Mrs Zelphina Spence to accompany him one-fourth of a mile from her house, attempting to persuade her to go to camp with him, there to be as a wife to him.” She declined the invitation—and also managed to get away from Helton unharmed. This episode was added as a second specification to the “conduct unbecoming” charge.

Now smarting from two [un]romantic rejections, a more desperate (and almost certainly more inebriated) Helton returned to the Russell house and commenced to “rudely assault the wife of said Capt Russell.” Helton declared that he would “stay all night with her,” to which Mrs. Russell responded by telling him to leave. Not to be deterred, Helton replied emphatically, “By god. I will stay,” at which point Mrs. Russell wisely “ran into another room, and shut the door.” From there, the situation quickly turned violent.

Said Helton kicked the door violently, and said to her, “If you do not open the door, I will blow your God damned brains out,” and forced the door open, and followed said Mrs. Russell into another room; and caught hold of her and tore her dress open and thrust his hand into her bosom, saying, I have been on a scout fourteen days, and by God I must have you for my purposes now, and the said Helton did, by force, attempt to throw said Mrs. Russell on the bed.

As noted in court testimony, only the “timely appearance of two countrymen” stopped the assault and spared Mrs. Russell. For his final assault of the day, Helton was charged with “assault and battery with intent to commit rape.”

With regard to assault and battery, attempted rape, and conduct unbecoming, Helton plead guilty and was found as such on each charge. More curiously, he was not guilty of “drunkenness on duty,” despite the fact that liquor had clearly helped fuel his daylong “rampage” through Rock Castle, a community near the Kentucky-West Virginia border. The decision seems doubly odd in light of evidence showing that while on a scouting mission on the very morning of the day the assaults took place, Helton was deemed “intoxicated to such an extent that he was unable to command, and did permit his company to become demoralized and scattered in consequence of said intoxication.”

In addition to being stripped of his rank and pay, Helton was sentenced to three years of hard labor “with ball and chain attached to his leg.” At the end of his prison term, he was to be dishonorably discharged from the Union military. To modern eyes, Helton’s sentence appears rather light for an attempted rapist running around drunkenly with a gun—and even lighter for one essentially guilty three times over on the same day. But in 1864, three years of hard labor was a relatively harsh punishment for Helton’s crimes. In fact, the archives of the Civil War Governors of Kentucky Digital Documentary Edition are replete with cases of attempted rape and rape being downplayed, if not outright excused or justified, by male judges, lawyers, and jurors.

With this in mind, what probably provoked the firm sentence had less to do with justice for Mrs. Russell or Helton’s other female victims than it did with preserving support for the Union cause among civilians. In many parts of the state, the relationship between the Union government and civilians who wanted to remain in the Union but also to protect slavery was already rocky—and the military could scarcely afford to concede its ability to protect them from Confederate invaders or neighborhood bushwhackers, let alone from its own soldiers. Nor, for that matter, could it concede that civilians might be safer joining the ranks of the irregular war than relying on regular troops for protection.

In any case, as this story makes clear, we would be wise to remember that while Kentucky’s Civil War homefront was fraught with hazards—especially sexual ones for women—the danger didn’t always stem from contact with “the enemy” as we typically like to imagine him.

 

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCE: “General Orders No. 89,” Kentucky Department for Libraries and Archives, Frankfort, Kentucky.

Thomas Bramlette and “Guerrilla Law” in Civil War Kentucky

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By Matthew C. Hulbert

HOMICIDE, n. The slaying of one human being by another. There are four kinds of homicide: felonious, excusable, justifiable and praiseworthy, but it makes no great difference to the person slain whether he fell by one kind or another — the classification is for advantage of the lawyers.

– Ambrose Bierce, The Devil’s Dictionary

“Where you find the word Guerrilla, may be understood murder, rape, arson, or robbery…”

– Major Gen. John M. Palmer, U.S.A.

By winter 1864, Kentucky’s homefront was drowning in irregular violence. Pro-Confederate guerrillas like Jerome Clark (alias Sue Mundy), Henry Magruder, Bill Marion, Samuel “One-Armed” Berry, Jim Davis, Hercules Walker, and untold others terrorized Unionists throughout the state. In turn, Unionist bushwhackers and guerrilla hunters—men such as Edwin “Bad Ed” Terrell and his band of “Independent Kentucky Scouts”—wrought their own brand of havoc on suspected Rebel sympathizers. Raiding, murder, retaliatory assassinations, and arson quickly became commonplace as Union authorities struggled, and largely failed, to find a solution. Such was the perilous environment into which two brothers from Taylor County ventured one December morning in search of a stolen mule. This unfortunate duo, Merritt and Vardiman Dicken, wouldn’t survive the day.

The Dickens first stopped at the farm of a known horse thief named Rinehart; he wasn’t home, but while the brothers conversed with his wife, two strangers appeared on horseback. The unnamed men volunteered to help Merritt and Vardiman find Rinehart, and possibly their lost animal with him. Not long after departing, however, “the two Dicken brothers, having become suspicious of the intentions of their two guides, refused at this point to go with them any further.” The situation quickly turned violent.

They [the strangers] quickly turned upon the two Dickens, took from them their pistols—shot one of them (Merritt Dicken) through the body, and the other turning to flee was also mortally wounded through the back. Merritt Dicken also turned to run, and he and his brother made all speed in the direction of a point on the extension of the Louisville & Nashville Railroad where some Irishmen were at work, about ¾ of a mile from where they were shot.

At the rail junction, things did not improve for Merritt and Vardiman. Because they approached “in a wild and excited manner on horseback at full speed” and both wore calico shirts with pistol belts, the rail men mistook the pair for guerrillas. And despite their story—and vows of Unionism—Michael Foley, a former private in the 9th Kentucky Cavalry, took it upon himself to arrest the Dicken brothers. They again fled for help, this time to the home of Charles Prewitt, where Foley caught up. With Vardiman resting inside the Prewitt house, Merritt twice refused to turn himself over to Foley peacefully, “whereupon Foley shot and killed him.” (Vardiman succumbed to his wounds a few days later, but not before relating the Dickens’ entire story to at least one witness.)

Foley was promptly arrested, charged with the murder of Merritt Dicken, and held on $5000 bail by Judge R. A. Burton of the Marion County Court. Before the trial had even concluded, area Unionists took to Foley’s defense; they argued that the circumstances of the case warranted full executive clemency from the governor, and told him as much in an official petition. After all, they claimed, the Dicken brothers had looked very much like guerrillas—heavily armed and thundering down on the rail junction at full gallop—and Foley only did “what he conceived to be his duty as a good citizen” to protect the community from marauders. Better still, the petitioners contended that the circumstances of the shooting, combined with “the impulsive nature [sic] characteristics of his race” should render Foley automatically innocent by reason of inferior genetics. In other words, who could really blame a stereotypically hotheaded Irishman for killing a guerrilla look-alike in a region infested with real guerrillas?

Even with such “creative” defenses, Foley’s prospects with the jury looked bleak. That is, until Governor Thomas Bramlette granted him a full pardon without even waiting to hear the jury’s decision. Perhaps even more remarkable than the act itself was the logic behind it:

The warfare of guirillas upon citizens of Kentucky and especially upon discharged soldiers justly condemns every guerrilla to outlawry and death whenever wherever & by whomsoever taken. It is a matter of self defence upon the part of every citizen who slays a guerilla at any time as well as defence of society … the facts in this case could not have justified any other belief in the mind of Foley … no man who kills a guerilla should suffer it I can prevent it and when an honest mistake like the present is superinduced by the imprudent conduct of the slain Executive Clemency is equally deserving.

Two points concerning Kentucky’s guerrilla war emerge from the Dickens’ story and Bramlette’s pardoning of Foley, the first explicit, the second inferred.

1. Irregular violence had become such a hopeless quandary by December 1864 that for Union authorities, it was safer to kill any potential guerrilla—at the risk of murdering innocent civilians like Merritt Dicken—than to chance any actual guerrillas escaping a just execution. (A little more than a week later, Governor Bramlette would issue a proclamation calling on Military Commandants to take “the most prominent and active rebel sympathizers” as hostages “in every instance where a loyal citizen is taken off by bands of guerrillas.” The “Summer of Burbridge” that followed was a disastrous misstep for anti-guerrilla operations.)

2. Though it probably didn’t dawn on Bramlette when he issued the pardon, in doing so, he effectively conceded that irregular violence had become so problematic as to necessitate still more irregular violence—in the form of vigilantism—to combat it. A vicious cycle, indeed.

Excerpt of Pardon from Gov. Thomas E. Bramlette

Spelling troubles aside, Governor Thomas E. Bramlette had very strong thoughts on Kentucky’s “guirillas” – see them in this excerpt from Foley’s pardon.

In this light, it really isn’t a stretch to say that the inability of Bramlette and the Union military to stamp out guerrilla activity simultaneously killed the Dicken brothers and justified freedom for one of their killers. Ambrose Bierce would have appreciated this irony on behalf of the murdered Merritt Dicken—especially considering Thomas Bramlette’s profession before ascending to the governorship: judge.

 

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: J. M. Fiddler and F. B. Merrimec to Thomas E. Bramlette, 18 Dec 1864, Kentucky Department for Libraries and Archives, Frankfort, Kentucky (hereafter cited as KDLA); Hill and Knott to Thomas E. Bramlette, 16 Dec 1864, KDLA; Proclamation by Governor Thomas E. Bramlette, 4 Jan 1864, KDLA; John M. Palmer to Thomas E. Bramlette, 18 Oct 1865, KDLA.