Tag Archives: 1864

Marginalized Victims: Women and the Preservation of Honor in Civil War Kentucky

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JURY, n. A number of persons appointed by a court to assist the attorneys in preventing law from degenerating into justice. – Ambrose Bierce, The Devil’s Dictionary

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By Matthew C. Hulbert

In July 1863, a Gallatin County man named Frank Story overpowered Jane Kelly, a local white woman. (This racial distinction is important because had Kelly been African American, a trial record would probably not exist.) He abducted his victim with one purpose in mind: “to have carnal knowledge with her.” Details are few and far between of the attack itself—but we do know that Story’s advances were unwanted (hence the abduction) and that he failed to complete his above stated purpose before being interrupted by multiple witnesses, who turned out to be children. A Grand Jury swiftly convened in Gallatin County and indicted Story for attempted rape (read the full document in Early Access). Not long after, a trial jury convicted him of a lesser charge; rather than attempted rape, these jurors found Story guilty of assault and battery and sentenced him to a measly four months in prison and a $100 fine.

Oftentimes we find examples in the CWG-K archive wherein a trial jury is compelled for one reason or another to produce a certain verdict and then immediately requests that the governor use his executive power to override the original decision. Put another way, the jury does what they feel the letter of the law obligated them to do before turning to the chief executive of the Commonwealth to ensure that justice is meted out. (The same jurors convicting Caroline Dennant of infanticide and then requesting her pardon is one such illustration.) In this case, a petition was sent to Governor Thomas Bramlette; it was signed by all twelve of the jurors who convicted Story along with the sheriff of Gallatin County, the attorney who prosecuted the case, and numerous other officeholders and private citizens. Given that Story’s sentence seems so short and the nature of his transgression so violent; contemporary readers might jump to the conclusion that the jurors were compelled to lessen his charges on a legal technicality. They might also assume that the governor, Thomas Bramlette—himself a former judge with a fire and brimstone reputation—will set things right based on the petition. Unfortunately for Jane Kelly, those assumptions would be wrong. The petitioners actually believed that her attempted rapist had been the party robbed of justice.

According to the petition, which was spearheaded by Thomas Ritchey, the trial jury refused to convict Story of attempted rape based on the testimony of children—despite the fact that the Grand Jury had used the same testimony to indict. Moreover, the men writing on Story’s behalf believed Bramlette should grant a full pardon because 1) Story was only fifteen years old at the time of the crime; and, 2) because his father had been away in the Union army and as a result “had not that Control over his Son & could not govern his conduct as he would like to have done.” In other words, at fifteen years of age, Frank Story could not be expected to control himself in the manner of an adult and thus should not have been held responsible for attempting to rape Jane Kelly.

As past readers of the CWG-K blog will note, the law in Kentucky generally failed to take a consistent stance on the convicting and sentencing of minors. For instance, William Spencer, himself fifteen years old, was initially sentenced to 3.5 years in the state pen for stealing a pair of used trousers before having the punishment commuted to one month. Also recall the case of Graham Akin, a fourteen year old from Danville who was convicted of attempted homicide but only fined $50. So, it really should not surprise anyone that Kentuckians in 1863-64 tried to use Frank Story’s age to get him out of an already truncated prison sentence. Nor should it stun you to learn that Thomas Bramlette did, in fact, exercise clemency—freeing Story halfway through his prison term and remitting the $100 fine.

Kentucky’s legal system in the 1860s had little idea how to define childhood and thus struggled mightily to sentence minors. That much has been established already. The more revealing line of inquiry raised by the Story-Lane encounter has to do with the way male jurors and court officers reconciled their own conceptions of self-honor with gender, age, and the weight of one’s word. Unlike in the aforementioned case of William Spencer—who was convicted based on the testimony of an adult male victim/witness and received a relatively harsh sentence—the main witnesses against Frank Story were a mix of minor and adult, but neither was the magic combination of adult male. So on one hand, the jurors in The Commonwealth vs. Frank Story would have been willing to punish children as adults under certain circumstances, while not considering the testimony of children on equal terms with that of an adult (even when the defendant himself was a child).

What jumps out here is that the testimony of Jane Kelly hadn’t mattered from the start. The petition specifically stated that, “His [Story’s] guilt was proven by children only” (my emphasis). This wasn’t a case of accidental oversight—it’s where the honor component comes into the story. Despite her being both an adult and a firsthand witness to the crime, Kelly’s word wasn’t valued enough to land a full conviction. Not because male jurors believed she was untrustworthy—because a female voice was never supposed to be an integral part of the process at all.

In 1850s and 1860s, southern men liked to believe their lives were structured around a paternalistic, hyper-masculine code of honor in which dependents—women and children—required their protection. At the same time, within the gendered confines of this system those same women were not considered competent enough as witnesses to describe to their would-be protectors from what or from whom they actually required defense. Therein, at least in theory, women were fundamentally no different than their children. With this in mind, Jane Kelly was only supposed to play the role of damsel in distress and then of grateful ward. But the logistics of the crime and subsequent trial didn’t work out that way. No men could take the stand to testify, so it was either a woman or children whose voices would have to be lent authority in court. Faced with this decision, the jurors begrudgingly chose to prioritize the children’s testimony, which kept Jane Kelly in her proper role.

What this hiccup in the system ultimately confirms is that the “code of honor” undergirding it was never actually based on protecting dependents. It was designed to appear that way to advance a patriarchal agenda. As such, it was laden with loopholes designed to give men a way to protect themselves and their status/authority first, even at the expense of a sexual assault victim like Jane Kelly.

 

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

A “Secret Inquisition” in Kentucky: General Stephen Burbridge, Abraham Lincoln, and Union War Policy

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by Matthew C. Hulbert

At 4 p.m. on November 9, 1864, Governor Thomas E. Bramlette received an urgent letter from prominent Lexington political general and attorney John B. Huston. The message alarmed Kentucky’s chief executive, to say the very least. According to Huston, Union soldiers had arrived at his home shortly after midnight, arrested him in front of his wife and daughter, and had further plans to expel him “into the Rebel lines.” Huston freely admitted to Bramlette that he’d been campaigning for George McClellan in the upcoming presidential contest of 1864—but also noted that he had every right to do so as a “free man” and as a supporter of the Union “without conditions.” His detention and impending excommunication from Union territory, Huston concluded, had come on the orders of General Stephen Burbridge, commander of the District of Kentucky, in an effort to squelch pro-McClellan voices on the eve of the hotly-contested election.

Lacking the authority to free Huston from the custody of a federal commander, Bramlette immediately telegraphed President Lincoln. “General John B. Huston, a loyal man and prominent citizen” the wire read, “was arrested and yesterday started off by General Burbridge to be sent beyond our lines by way of Catlettsburg, for no other offense than opposition to your re-election … you are doubtless re-elected, but surely cannot sanction this ostracism of loyal men who honestly oppose you.” Lincoln responded almost immediately, signature sarcasm included: “I can scarcely believe that General John B. Huston has been arrested for no other offense than opposition to my re-election, if that had been deemed sufficient cause of arrest, should have heard of more than one arrest in Kentucky on election day.”

bramlette to lincolnLincoln sent an order to Burbridge ordering Huston’s release and assured Bramlette that the general had not yet been—and would not be—shipped south. As it turned out, Burbridge had also arrested Colonel Frank Wolford and Bramlette’s own Lieutenant Governor, Richard T. Jacob. “Lieutenant Governor Jacob is at Catlettsburg, and Colonel Wolford at Covington, both under arrest, and, by order of the Secret Inquisition, ordered into the rebel lines,” Bramlette fumed to Lincoln. “Will you either order their release at once, or a suspension of the order until you receive my communication of this date?” Lincoln’s response to this second request lacked the force of the first:

Yours of to-day is received. It seems that Lieutenant Governor Jacob and Colonel Wolford are stationary at present. General Suddarth and Mr. Hodges are here, and the Secretary of War and myself are trying to devise means of pacification and harmony for Kentucky, which we hope to effect soon, now that the passion induced by the exciting subject of the election is passing off. A. Lincoln

This wasn’t enough for the governor; the public outrage Burbridge had fomented with his crackdown on civil liberties was bad for Kentucky and bad for the war effort. Bramlette wired Lincoln again. “If the Headquarters of the Commandant in Kentucky were at Frankfort, where a free interchange of views could be had, it would avoid the evils which have resulted from Burbridge’s weakness.” “But,” he continued, “he [Burbridge] and I cannot hold personal converse after his bad conduct within the last few weeks. Our intercourse must be restricted to official correspondence in writing. It would therefore much facilitate matters to have some commandant with whom I could act on terms of social courtesy and equality.” In other words, Bramlette wanted Lincoln to replace Burbridge—and he wanted it done immediately.

Lincoln refused. Not because the president was loath to playing musical chairs with his top military commanders. McDowell, Pope, Burnside, Hooker, and McClellan (twice) were collective proof enough of that. Rather, Lincoln denied the removal request because at the end of the day, he was a wartime president, and he needed commanders in place who were willing to take bold action—even if those actions occasionally fell between the cracks of civil liberty or even flirted with illegality. Bramlette was no doubt disappointed to learn this hard lesson about Lincoln’s wartime priorities.

Months later, following the spectacular failure of a strategy for stamping out guerrilla violence (that involved executing POWs believed to be irregular combatants and ended up creating new bushwhackers faster than it could hang them), Major General Stephen Burbridge was stripped of his authority and never again reinstated to command. In this, he learned a hard lesson of his own: Lincoln was only willing to look past “secret inquisitions” or to bend the rules for the generals who orchestrated them if it brought the Union closer to ultimate victory. Burbridge failed—and thus took his place among the McDowells and Popes of the Union high command.

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

SOURCES: Thomas E. Bramlette, 1864, “Message to the General Assembly of Kentucky,” Kentucky Department for Libraries and Archives (KDLA).

Between the Rock and the Hard Place: Sources on Guerrilla Violence in CWG-K

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Click here to view this Subject Guide in the new Civil War Governors interface.

On June 14, 1864, John T. Smith penned a letter to Kentucky governor Thomas E. Bramlette. According to Smith, the County Court of Logan County had selected him to serve as a special messenger. His task: hashing out a solution for Logan County’s guerrilla infestation. “Our object,” Smith wrote, “is to fall upon some plan so as to have a company to act against Guerillas … the condition of most of us is such that we can not be spared long at a time from our families and therefore can not with propriety volunteer regularly and devote our whole time to the Service but we can raise a sufficient number to keep off guerillas and robbers by taking turn about with each others.”

Stationing troops in the area—an oft-used solution for localized outbreaks of irregular violence in Kentucky—wouldn’t do in this case; outside soldiers, the Logan County contingent argued, “are unacquainted with the country and its citizens and can do but little in catching guerillas who are well acquainted with both people and country.” Put another way, guerrillas had home field advantage against regular troops and it would take an insider to catch an insider. Smith and his comrades were willing to use their own intimate knowledge of Logan County to hunt pro-Confederate bushwhackers (on a part-time basis), so long as Governor Bramlette would provide them with supplies, firearms, and the state’s permission to wield them with lethal force.

Perhaps most interesting, though, is the postscript of Smith’s letter. It reads as follows:

P.S. We are troubled by all sorts of Guerillas. Since writing the above, I learn that a squad of federal guerillas or negro Soldiers from Clarksville Tenn. came into the neighborhood of Voleny last night (the place visited by rebel guerillas two nights before) and stripped the citizens of their negroes and horses. It is a perfect outrage upon our country. The Federal Soldiers at Clarksville are so busy recruiting negroes that they pay no more attention to guerillas and robbers than if they belonged to the same class of individuals. If we are permitted to raise our company give us instruction what is to be done with negro guerillas. I think we can raise from 150 to 200 men a portion of whom can always be in motion and when necessary all can act.

Aside from Smith’s views on black enlistment, this addendum reveals the extent to which Logan County residents were caught between a gray rock and a blue hard place: pro-Confederate guerrillas would raid a neighborhood and take what food and horseflesh they needed to operate in the bush. Then a group of Unionist guerrillas—sometimes even black Unionist guerrillas—would come through the same neighborhood, accusing the residents of having willingly supplied the Confederates. This cycle could repeat itself ad infinitum (and often in the reverse order), with local citizens trapped in the middle. And it was anything but limited to Logan County — this was a state-wide problem.

So if you’re interested in finding out how Governor Bramlette, private citizens like John Smith, and/or Kentucky’s military forces waged war against irregular combatants, check out this subject guide on Guerrilla Warfare — but be advised that it only represents the tip of the iceberg.

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SUBJECT GUIDE: Guerrilla Warfare

KYR-0001-001-0008 – Thomas E. Bramlette, Proclamation by the Governor, Jan. 4, 1864

It is in the power of persons whose sympathies are with the rebellion to prevent guerrilla raids, almost invariably, by furnishing to Military Officers of the United States or State of Kentucky, the information which experience has proved them to be, as a general thing, possessed of.

If all would unite, as is their duty, in putting down guerrillas, we should soon cease to be troubled with their raids. A neglect to afford all assistance and information which may aid in defeating the designs of marauding parties, can but be construed as a culpable and active assistance to our enemies.

I, therefore, request that the various Military Commandants in the State of Kentucky will, in every instance where a loyal citizen is taken off by bands of guerrillas, immediately arrest at least five of the most prominent and active rebel sympathizers in the vicinity of such outrage for every loyal man taken by guerrillas. These sympathizers should be held as hostages for the safe and speedy return of the loyal citizens. Where there are disloyal relatives of guerrillas, they should be the chief sufferers. Let them learn that if they refuse to exert themselves actively for the assistance and protection of the loyal, they must expect to reap the just fruits of their complicity with the enemies of our State and people.

KYR-0001-002-0018 – Berry S. Young et al. to Thomas E. Bramlette, Feb. 16, 1864

The Undersigned citizens of Crittenden having been informed that by Legislative enactment and by the authority vested in you as Governor of said State that forces are to be Raised for the defense of the state against Guerrilla invasion if such be the fact We would Recommend to your favorable Consideration Lieut F S Loyd of Co H 20th Ky Regt as Col and J N Hughey 1st Sergt Co E 48th Ills Regt ^for Lt Col^ both Recruited from this (Crittenden) County both of them accomplished Gentlemen and Soldiers they Refer you to Col Edward of your Staff By promoting those Young Gentlemen you will greatly oblige the Undersigned and Reward merit gained by gallant service in their countrys cause

Berry S Young clk c c c

James M Steele

W C Carnahan

S L. R. Wilson

Robt F Haynes County Atty,,

J H Walker Clerk

Crittenden Circuit Court

D N Stinson Post Master at Marion Crittenden Co Ky

John N Woods

Alfred Armstrong

James W Wilson —

  1. E. Black

J C Henson

  1. L. Leigh

S U Elder

KYR-0001-004-0996 – George Shirley and E. Wilty, Affidavit, Jun. 13, 1864

State that John Branstetter an infirm old man of near 70- years has lived many years in this county (formerly Barren County) a respected & good citizen and up to the commencement of this Rebellion a Sober & discreet man- that the Guerrilas Robbed him of a great deal of his property. From the troubles consequent there to & the additional fact we suppose, that his two sons Joined an independent company called the “Metcalfe Tigers” for the purpose of hunting down guerrillas & were exposed to many dangers the Old man took to drink- While in one of his drinking sprees he was induced by some bad men to go into the woods & play a game of cards. The game was played on his land & money was bet & won as appears by the evidence Testimony of a credible witness- who chanced to come upon them & saw the game He has been indicted therefore tried & fined $200- which is the least the law provides in such cases This old man is often delirious & wild wherein these drinking sprees & has to be guarded sometimes We his neighbors & friends are candid in representing that we think this is one of the few cases which demand the interposition of the Governor and ask that his fine be remitted.

KYR-0001-004-1941 – Z. Wheats to Thomas E. Bramlette, Jun. 19, 1865

I called at your office to-day & left for your consideration, the Petition of Capt. Edwin Terrell of the Independent Ky Scouts. I hope you will grant the prayer of his petition. He is one of the bravest men I ever saw, & has done more to rid Kentucky of Guerrillas than any man I have heard of. The fact is, his little band have been more effective in this service, than some Brigades of Cavalry. His head quarters were in Shelbyville & they gave our town & county protection which we could not have obtained from any other source.

KYR-0001-004-1380 – Hill and Knott to Thomas E. Bramlette, Dec. 16, 1864

Sir: As you are doubtless aware this portion of our State has long been infested by a gang of Guerrillas whose depredations have been committed almost with impunity, in Spite of the utmost vigilence of the Military, whose efforts to capture or destroy them, they have constantly managed to elude. So frequent and successful have been their forays—characterized by murder robbery and plunder—that their presence has become a cause of extreme terror to the citizens of whatever portion of our community they may mark as their prey. Some three weeks ago they made a raid through a portion of this County murdering some, robbing others, and maltreating in some manner, nearly all with whom they met.

KYR-0002-225-0083 – M. E. Poynter to Thomas E. Bramlette, Feb. 15, 1865

I trouble you with a line in regard to the recruiting officer for the State Service at this place who professes to have authority— from you to raise a company &c. I refer to W. W. Harper— and as a citizen and a Union man in behalf of the cause—the community, your own good name and of common decency I protest against such an appointment—As badly as this service demands men and as much as we have suffered from guerrillas we as a community had rather Quantrell, would pay an occasional visit than be annoyed by this man in “brief authority”— all the time.

KYR-0001-003-0086 – E. H. Hobson to Thomas E. Bramlette, Mar. 5, 1864

The 37th Ky Mounted Inft has greatly improved, Since Col C J Hann took command this Regt has recd its Horse equipments and enfield rifles but to make them more efficient would most respectfully Suggest that you arm two or four compns of the regt with Ballard Carbines or muskatoons I am anxious to have the Regt mounted and send them to the Cumberland to protect the Border Counties. the notorious Gurilla Capt Richardson and nine of his men will arrive here to day as Prisoners, they Justly merit and I hope will be punished with death give Col Hansons wishes your favourable consideration.

KYR-0002-022-0062 – W. M. Allen to Thomas E. Bramlette, Dec. 23, 1864

The last raid resulted in the death of two of our best citizens, and the killing of three of the band, and the wounding of three others of them. It was at first supposed that two of them killed at Jeffersontown were Federal soldiers, taken prisoners by the gurillas but we are all satisfied that they were deserters & gurillas. Our people are now pretty thoroughly aroused, and are anxious to have them pursued and exterminated. When pursued, these cut throats flee to the Salt River hills and scatter about among their friends and cant be found. We know who many of their aiders and abettors are but have no power to punish. The Military Authorities give us but little protection. We want something of our own that will be more efficient. It is proposed by some to raise 100 men in our county at our own expense!

KYR-0002-225-0079 – John F. Lay to Thomas E. Bramlette, Mar. 11, 1865

I have the Honor to make aplication to you for authority to recruit a Company of State troops to Serve in the State of Ky for the period of twelve months I have Served over three years in the Fedral army and know Cannot remain at Home on account of Gurillas if you will favor me with authority please Send me Some Blank Enlistment papers

KYR-0002-225-0037 – W. H. H. Faris to Thomas E. Bramlette, Apr. 24, 1864

I have presumed to address your excellency on a matter of some importance. It is the method we should adopt as the most proper for the defence of our state. The two already provided, the state troops and militia, have not proved sufficiently available. It is as much as the state troops can do, to guard the frontier, so, as to prevent the greater inroads of bodies of five hundred men. And sometimes a thousand. While parties of from thirty to forty can slip in between the posts that establishes the military chain along the southern border, effect every species of robbery, and commit any depredations they wish, and pass out again with perfect impunity. This predatory warfare is to be made on Kentucky during the three seasons when the woods are thicker, so they (the guerrillas) can practice it with greater security. This mode of warfare is characterized by the guerilla chieftains as the scouting systems. All this the militia are intended to prevent, but in which they will most signally fail; as they have done as they have done already.
Because there is ^no^ method, no arrangement no anything about them that is calculated to intercept, or overtake one of those flying bands of guerillas that pass through one county, and into another (committing all the mischief they wish) before the one has been, or the other is aware of its approach.

KYR-0001-019-0156 – Bennett Spearger to D. E. Downing, Aug. 14, 1862

The guerrilla warfare is working its ruin as a cause produces its effect a few yesterday about 2. oclock. P.M. there were 2 Union Men Killed on the Road leading from my house to Thompson Arterberry’s Hamilton and a bout 30 other men came into Tompkinsville yesterday morning a bout 8. oclk a.m. and had Nathaniel Austin and ^a^ young Hefflin Prisenors they shot Austin through the head and lefthis Brains was scatered in the road and they shot Heflin in several places, you are acquaintd ^with^ Austin and Heflin Both neither of them you Know never belong to any army the man who stealthily takes deliborate aim at the husband and Father of a helpless family ^and^ because he is freind to his Country, sends the mesenger of death to drink his life blood and compells the heart stricken widow and helpless Orphans to seek protection and support at the hands of a cold unfeeling world. Could the hands of a cold grave’s dread monster enter claim to such a fiend in any form too horrid to mete out to them there just deserts

SOURCE: John T. Smith to Thomas E. Bramlette, 14 June 1864, Kentucky Department of Military Affairs (KDMA).

KYR-0001-004-0787

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Be sure to read the glossary for this document as well as Part One and Part Two of the analysis.

KYR-0001-004-0787-001

To His Excellency Thomas E. Bramlette

Your Petitioner William Brockman says that at the present term of the Jefferson Circuit Court he was tried on an Indictment for the murder of one Adolph Logel. found guilty of manslaughter and sentenced to serve ten years in the penitentiary of this commonwealth. He did not deny on the trial and does not deny now that he struck Logel a blow which unfortunately proved fatal but he asserted then and still asserts that he struck said blow in self=defense and under circumstances that justified it He says that he lives in the suburbs of Louisville not far from the old Oakland Race Course at which point the general government Keeps stabled a large number of horses and mules &c the chief part of which have been worn out in the military service of the government, considerable numbers of these animals die daily and the persons having them in charge were in the habit of hauling them to a strip of woods near petitioner’s House and there leaving them to rot. Your Petitioner had obtained leave to take the skins off of these carcasses on the condition he would remove or burn sathe carcasses to avoid having a nusance to the detriment of the health of the neighborhood The deceased Logel without having obtained leave as petitioner did, to take the skins, was in the habit of taking the skins and leaving the carcasses on the ground neither removing or burning them This created a nusance for which petitioner was indicted and fined Petitioner apprised Logel of the facts and told him he must not skin any more of the animals without burning the or removing the carcasses but Logel insisted that he would skin them without removing the carcasses and continued and persisted in so doing. At the time the difficulty occurred Logel had just skinned ^one^ of said animals ^a cow^ when your petitioner approached him and requested him to remove the carcass Harsh language and a quarrel ensued, Logel had a Butcher Knife with which he had just skinned the animal, in one hand and a stick in the other Your petitioner had only a stick in hand but it was pretty heavy one. Logel struck your petitioner twice with the stick and cut him on the hand with the Knife before petitioner struck at all whereupon your petition struck Logel with the stick which was in your petitioner’s hand a blow which knocked him down and unfortunately proved fatal Your petitioner had no idea that the blow would prove fatal and had no intention of killing Logel and struck him only in self=defense. Your petitioner insisted that he did not have a fair trial in the circuit court and that the verdict was obtained only by a conspiricy on the part of somethe principal witnesses for the commonwealth He states that the prinicpal witness for the state Donheimer not only testified differently in very material points from what he did in the examining court butand far more unfavorably to the [unclear]accused than he there testified but also as is showen by the accompanying affidavits of John Shrader Augusta Shrader and Charles Samuel Baker, procurred the witness for the commonwealth Huber, by bribery, to swear falsely on the trial of the case in the circuit court and thereby to make statements corroberating his said Donheimers, false testimony, all of which your petitioner was not made aware until after said trial.

Joseph Clements one of the justices who composed the examining court testified ion the trial in the circuit court that the witness Donheimer stated in the examining court that the deceased had a stick with which he was punching accused at the time accused struck him, whereas Donheimer testified on the trial in the circuit court that accused approached and ordered Logel to put down the skin and thereupon without anything further struck deceased upon the back of the neck a blow which produced his death. The witness for the accused Frend also testified that Donheimer attempted to procure him by bribe to swear against accused and that said Donheimer had said in his, Frend’s hearing that he wanted to have accused hung or sent to the penitentiary, Cathrine Barbarer testified that Donheimer sayed he would have accused hung The witness Semms who with the witnesses Huber and Donheimer was the only witness for the commonwealth who pretended to have seen the difficulty contradicted Donheimer by stating that the accused and the deceased “quarrelled” and fussed and contended over the skins for some time, and although he Semms then testified that he did not see but heard only one blow struck and thereafter looked and saw deceased lying on the ground, he is there in contra^dicted^ by Mr L A Wood an atty at law who testified on the trial in the circuit court that he was present as a spectator at the examining trial and that Semms there stated that deceased had a knife in his hand with which he struck at accused and L. A. Wood further testified that accused in the examining trial had a cut on the back of his hand.

The court refused a continuance applied for by accused at this present term on the ground of the absence in Tennessee of accused’s principal witness whose name is Rudolph Chrisler and who is a soldier in the Federal army and was so at the time of the difficulty and by whom accused could have proved on the trial in the circuit court as he did prove by said witness in the examining court that he Rudolph Chrisler saw deceased strike at and strike accused with a stick before accused struck deceased and that deceased had a Knife in his hand during the difficulty with which he cut accused on the hand Your petitioner had a subpoena for this witness and it was returned by, the sheriff “not found” and petitioners counsel asked leave of the court to introduce evidence of what the witness Chrisler had testified in the examining court which the court refused to do Your petitioner says that if he could have obtained the testimony of Chrisler it would have fully corroborated, and supported the testimony of DeFlour in the trial in the circuit Court and established the innocence of the accused of the charge Your petitioner states that he has a large family depended on his exertions for support

KYR-0001-004-0787-007All of which your petitioner would respectfully submit and implore the exercise in his behalf of your Excellency’s clemency

[unclear] [unclear]
translation William Brockman

We the undersigned citizens of Louisville join in the prayer of the foregoing petition and aske that William Brockman be pardoned

Nat. Wolfe
R. H. Rousseau
I H Hornsby
Chas Kahnt
Dr. V. Donhoff
F. Bender
Byron Bacon
F Gorin
A M Gazlay,
Jack Fry
S. A. Atchison
Jeff. Brown.
W. W. Fry
James A. Beattie
Thos W. Gibson
W A Meriwether
Jno. Hanna

Jos. Clement
W. C. Wood
W. P. McDowell
Lewis N Dembitz
Martin Bijur
S. S. Bush
H. C. Shivell
L. A. Wood
Isaac P Miller
Franz, A, Kramur
E S Craig
W, B. Hoke
Sam B. Smith
C. Ormsby
R. J. Ormsby

Wm. F. Wood
Hamilton Pope
Alfred T. Pope.
M S Fields
James Harris
J. P. Gailbreath
John N. Mattingly
Jno. K. Miller
John G. Barbon

F G Dannecker
H. S. Burkhard
T. Jack Conn
R H Woolfolk
Z, M, Sherley
Thos. J. Griffiths

Jefferson Cir Ct
vs
Wm Brockman

This is a case which demands Executive clemency and a pardon is ordered

Tho E Bramlette
Govr
Apl 29th 1864

10 years
Manslaughter

William Brockman to Thomas E. Bramlette, n.d., Office of the Governor, Thomas E. Bramlette: Governor’s Official Correspondence File, Petitions for Pardons, Remissions, and Respites 1863-1867, Box 10, BR10-213 to BR10-213A, Kentucky Department for Libraries and Archives, Frankfort.

Translation: William Brockman

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“William Brockman says that at the present term of the Jefferson Circuit Court he was tried on an Indictment for the murder of one Adolph Logel”

Two German immigrants got into a deadly fight over a pile of animal carcasses in the suburbs of Louisville. Read the full transcription of Brockman’s pardon petition here, or browse the highlights to see why this is one of the most fascinating documents in the Civil War Governors of Kentucky collection.

“[Brockman] lives in the suburbs of Louisville not far from the old Oakland Race Course at which point the general government Keeps stabled a large number of horses and mules &c the chief part of which have been worn out in the military service of the government”

Though Oakland, one of thoroughbred racing’s popular early venues, had ceased to hold meets by the beginning of the war, its old stable facilities were perfect for the U.S. Army’s program to refit broken down cavalry, artillery, and draft animals. As the map of the southern suburbs of Louisville shows, the course sat astride the Louisville & Nashville Railroad line, affording military transport trains easy access to the large complex of stables and corrals around the old track. LouisvilleDefenses1865Brockman zoom

“considerable numbers of these animals die daily and the persons having them in charge were in the habit of hauling them to a strip of woods near petitioner’s House and there leaving them to rot”

Using the 1860 census and city directories, we can determine that Brockman lived in the circled suburb near South Gate Street, just barely inside the expanded Louisville city limits. The carcass pile (understandably not marked on the map) was nearby, perhaps in the lot behind Fort St. Clair Morton or the stretch where the military road runs next to the creek near the Salt River Turnpike.

“Your Petitioner had obtained leave to take the skins off of these carcasses on the condition he would remove or burn the carcasses to avoid having a nusance to the detriment of the health of the neighborhood The deceased Logel without having obtained leave as petitioner did, to take the skins, was in the habit of taking the skins and leaving the carcasses on the ground neither removing or burning them This created a nusance for which petitioner was indicted and fined”

This tells us some important things about Civil War Louisville, specifically how it was a city spatially, demographically, and economically dominated by the war. Waves of German and Irish immigrants — presumably including  Brockman and Logel — had settled in suburban rings outside the core of the old river town in the decade before the war. So when the war brought U.S. soldiers posted to garrison duty and, later, African American refugees fleeing slavery, the human geography of the city pushed out to and beyond the ring of forts on the map.

Sanitary conditions, we might well expect, were horrible as tens of thousands of soldiers and freedpeople crowded together into hastily built barracks, tents, and improvised shelters on poorly drained stretches of Jefferson County farmland. As with laws concerning fugitive slaves, the Louisville civil authorities applied existing public health laws to a human crisis far beyond the reach of local and state legislation to manage. Brockman had been fined for Logel leaving the carcasses to rot, but could Brockman really be blamed for a pile of dead animals the army dumped on near a creek? Bringing charges shows that the city was aware and concerned about the water supply but had no way to do much about the situation.

But what about Brockman’s agreement with the army itself? Other documents in the CWG-K collection suggest that Brockman may have been related to a family of German tanners in the city, which explains his job skinning the dead animals. His “contract” was one of the smallest interactions between the army and merchants, railroad corporations, and river men in the boom-town military micro-economy that sprung up in wartime Louisville. Brockman got horse carcasses, while the L&N — which shipped the poor animals to their final stop — raked in millions in wartime profit and limitless infrastructure work on bridges and tunnels paid for at the expense of the U.S. taxpayer.

KYR-0001-004-0787 WB sig“All of which your petitioner would respectfully submit and implore the exercise in his behalf of your Excellency’s clemency
[signed]
translation William Brockman”

Even Brockman’s name needed to be translated and anglicized from its German fraktur script. Only at the end are we clued into the fact that while the petition is written in Brockman’s voice, these are far from his own words.

Moreover, while he is fascinating for scholars today, Brockman’s was probably one of the least important signatures on this petition to Governor Bramlette. William Brockman’s petition carried the weight of some of the leading former Whigs — and, therefore, former anti-immigrant Know Nothings — in Louisville politics and society. Stay tuned for a later post which will explore some of these men and why they would write on behalf of a German tanner’s assistant.

Patrick A. Lewis is Project Director of the Civil War Governors of Kentucky Digital Documentary Edition.

CWG-K’s “Best of” – 2015 Edition

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2015 was an eventful year for the Civil War Governors of Kentucky Digital Documentary Edition. Numerous fellows utilized the power of the ever-growing database (you can apply to be one here), we are steadily approaching the launch of an Early Access edition of 10,000 documents and transcriptions and a Beta prototype. Governor’s Day — an interactive open house introducing the project to other departments at the Kentucky Historical Society — was a major success.

To recap the year, we’ve organized a series of “Best of” lists that chronicle everything from our individual takes on the most powerful people of Civil War Kentucky to the most memorable deaths to time travel (more on this anon). We hope you’ll enjoy reading these lists these as much as we enjoyed creating them.

POWER RANKINGS: Based on their own criteria, each member of the CWG-K editorial staff was asked to rank a “Power 5” group of figures found in the database.

Tony

  1. George W. Johnston – Powerful Judge of the Louisville City Court, a Louisville/Jefferson County pardon application was never complete and rarely received a positive reply without his signature.
  2. John B. Huston – Besides competing for the worst handwriting award for Civil War Kentucky—stiff competition from James F. Robinson and James Guthrie—Huston was a power broker, attorney and state legislator from central Kentucky, whose endorsement of a pardon application carried a lot of weight with multiple Kentucky governors.
  3. John B. Temple – Attorney, banker, and president of the Kentucky Military Board—Temple exerted a lot of power in all Kentucky military matters. He and the Military Board of Kentucky were de facto Commander-in-chief of Kentucky, slowly whittling away Beriah Magoffin’s military authority with the aid of the Kentucky General Assembly.
  4. George W. Norton – President of the Southern Bank of Kentucky, he was a Magoffin ally, made sizable loans the Commonwealth of Kentucky to support Magoffin in his efforts to purchase arms early in the war. Other banks made similar investments, yet Norton appeared to have the ear of the governor.
  5. C. D. Pennebaker – Lawyer, politician, Colonel of the 27th Kentucky Infantry, and Kentucky Military Agent in Washington, DC. He served in the legislature, commanded troops in battle, and served in a civilian military post for Kentucky in DC. In addition to this he wrote the more thorough letters and reports. Kudos Mr. Pennebaker!

Matt

  1. W. T. Samuels – Not unlike Matt Damon’s character in The Good Shepherd, Samuels had the dirt on everyone following his stint as state auditory. Given his knowledge of everyone’s finances and his legal prowess, he was a potential kingmaker in the Blue Grass. (In other words, there’s a reason he’s one of the few through-and-through Unionists to remain powerful in state government post-1865.)
  2. D. W. Lindsay – He commanded a crew of paid guerrilla hunters under the heading of “secret police”; these men, like Edwin “Bad Ed’ Terrell, were paid to track down and kill Kentucky’s most notorious bushwhackers.
  3. Stephen Burbridge – Though he technically fell under the authority of Thomas Bramlette in Kentucky, Burbridge more or less did as he pleased, which included deeming other powerful Union officers (like Gen. John B. Huston) disloyal and having them arrested on behalf of President Lincoln.
  4. Thomas Bramlette – As governor he oversaw nearly all of the state’s wartime activities—and was still expected to keep civil government afloat.
  5. E. H. Taylor, Sr. – Taylor was a member of the influential Military Board (which oversaw military purchases for the state) at the same time he helped run one of the state’s major money-lenders. If you needed a loan—and Kentucky always needed a loan—this was the man to see.

Whitney

  1. Thomas Bramlette – He takes first place by virtue of holding the highest office for the longest amount of time, evidenced by almost 3,000 documents.
  2. John W. Finnell – As Adjutant General, principal military advisor to Gov. Bramlette while a war was raging, he was in a very influential role.
  3. Samuel Suddarth – Serving as Quarter Master General, Suddarth was tasked with keeping the troops supplied by managing the ordering & distributing of supplies essential to the war effort.
  4. James F. Robinson – Though he served as Governor for a short time, he was part of a compromise wherein the Confederate-leaning Magoffin agreed to step down and let Robinson, a moderate, take over. Interestingly, since he never resigned his Senate seat, he technically filled both rolls simultaneously.
  5. James Garrard – He served as State Treasurer throughout the war, and as Mayer Amschel Rothschild allegedly said, “Let me issue and control a nation’s money and I care not who makes the laws.”

Patrick

  1. James F. Robinson – Don’t let his one-year term as Governor fool you, Robinson played state politics as adeptly as Frank Underwood could have done. While we can’t know if he pushed anyone in front of a train, Robinson adeptly turned down the senate speakership before having a cabal of Lexington friends arrange Magoffin’s resignation and his convoluted ascension to the Executive Mansion. As George Washington showed, the best way to accrue power is to look like you don’t want it. More astonishingly, Robinson refused to vacate his senate seat, leaving him free to return to harassing the Lincoln administration via the Committee on Federal Relations after Bramlette took office.
  2. Hamilton Pope – Louisville politics ran through Hamilton Pope. An old-Whig and former Know-Nothing, Pope was undoubtedly part of the closed-door decision that cut Louisville German and Irish immigrants out of independent regiments and elevated his brother, Curran Pope, to a Colonelcy. In addition to being an invaluable petition signature for anyone hoping for a pardon out of the Jefferson Circuit Court, Pope also runs point on using city government and the police department to enforce (increasingly irrelevant) fugitive slave laws.
  3. Rufus K. Williams – A fiercely Unionist circuit judge from the overwhelmingly Confederate Jackson Purchase, Williams raised a military unit and used his recruits to broker a deal for himself. When the time came to muster his troops into federal service, Williams traded a permanent military commission for a seat on the Kentucky Court of Appeals (the forerunner of the state supreme court) vacated by rebel sympathizer Alvin Duvall—ditching a hostile local electorate for a secure post backed by the statewide Unionist majority.
  4. Madison C. Johnson – His brother, rebel governor George W. Johnson, gets all the headlines in the family, but Madison Johnson controlled most of the available credit in the Bluegrass via the Northern Bank of Kentucky in Lexington. Johnson arranged hundreds of thousands of dollars in military loans to the Commonwealth in 1861-62—and was never hesitant to hold up the next installment to ease along a friend’s military commission. His loans to the state, backed by eventual federal repayment, helped his bank weather the collapse of many borrowers’ fortunes after slavery ended in 1865.
  5. Sherley & Woolfolk – This Louisville corporate duo of Zachariah M. Sherley and Richard H. Woolfolk often appear together in documents. Their firm ran a number of steamboats along the Ohio River and operated an outfitting business that sold supplies to others. Consequently, whether the state needed to move a battalion from Maysville to Paducah or buy a few barrels of ships biscuit to feed a hungry regiment, Sherley & Woolfolk were ready and willing to profit. That they signed insider political petitions under their corporate name shows an awareness of the importance of their business to the management of the war and, perhaps, some intuition for hammering home a branding message.

MOST MEMORABLE NAMES: Our editors have compiled a list of the most memorable names encountered in the CWG-K database in 2015.

  • Greenberry Tingle
  • Swift Raper
  • Wam Timbar (involved in a hatchet-throwing case, if you can believe it)
  • Green Forrest
  • August Worms

MOST MEMORABLE DEMISE: If you’ve followed the CWG-K blog over the past few months, it’s readily apparent that the database has no paucity of unusual and/or gruesome deaths. Each editor has selected the most memorable demise.

Tony

  • Jane Doe Murder Victim – In October 1865, evidence was presented concerning the corpse of a woman, approximately twenty-five years old, found on the outskirts of Louisville. The following is a description of her condition: “Her wounds are as follows a cut over each Eye one on forehand Forehead one just in front of Right Ear. Several Bruises on inside of right thigh and a wound which looked as though the flesh was twisted out her intestines was puled from her body through the Fundament Showing an act of the moste Diabolical rufianian the intestines cut or pulled loose from her body. Her cloths were all torn off of her not a Partickel remaining on her except one garter. Her right arm had been amputated just below the shoulder. the Evidences was plain of a sever strugle with some one from all I can learn I think a Negro did it.”

Matt

  • Ewing Litterell – An uninvited Litterell drunkenly barged into the home of James Savage, proclaimed himself “a stud horse” and boasted that he’d had sexual relations with all of the women in the house (and that he would do it again whenever he pleased). Savage let a full load of buckshot — which he fired into Litterell’s chest — serve as a “no you won’t.”

Whitney

  • Philip Medard – In January 1864, Philip Medard of Jefferson County died of cold and starvation after his son, Jacob Medard, “did confine & Starve his said father in an out house & kitchen & did starve and freeze him the said Philip by refusing to provide meat & food & clothing for him, & by thus exposing him to the weather.” There are definitely more violent deaths in the CWG-K database, but to date, only one happened in the out house.

Patrick

  • Colonel Francis M. Alexander – In what seems to have been an un-diagnosed case of post-traumatic stress disorder, Alexander drew a pistol on and killed a good friend without any motive or memory of the incident. His pardon petition is a moving account of a man coming to grips with his actions and his state of mind. “The exciting circumstances of the rebellion and its fearful consequences…which in rapid and mournful succession swept over his native, and beloved State, have Come upon his anxious and troubled mind with such force, that many events have transpired in his history during the last four years of his country’s trial, which appear to him almost as a dream.”

MOST OUTRAGEOUS PARDON: A major component of the CWG-K archive is requests for executive clemency. Each member of the editorial staff was tasked with identifying the most memorable pardon of 2015.

Tony

  • Otha Reynolds – In May 1862, Peter Gastell jumped bail and caused his bondholder, Reynolds, to forfeit $1000 to the court. That is, until Reynolds petitioned Governor Thomas Bramlette for clemency. Bramlette gave no legal justification for issuing Reynolds a remission, but said this: “Being in a merciful mood Ordered that this forfeiture except costs & fees be remitted.”

Matt

  • Michael Foley – An Irish rail worker and former Union vet, Foley believed that Merritt and Vardiman Dicken were pro-Confederate guerrillas on the run. In reality, the Dicken brothers were themselves fleeing from an attack by pro-Confederate bushwhackers. Foley attempted to detain the brothers and killed Merritt in the process. Governor Thomas E. Bramlette granted Foley a full pardon on the logic that it was better to accidentally kill men who might not have been guerrillas than to let any potential guerrillas escape unharmed.

Whitney

  • Garrett Whitson – Supporters of Garrett Whitson successfully requested his pardon for murdering violent melon thief, John Spikard. In the petition, they do not claim his innocence, but rather report that Whitson was convicted on the flimsy evidence of two notorious prostitutes, relatives of the deceased. That, combined with his ill health and large family, was enough to procure his release.

Patrick

  • Lawrence County Lynch Mob – In KYR-0001-004-3193, the members of a lynch mob on the Kentucky-West Virginia border preemptively write to Governor Bramlette late in 1865 after they have caught and summarily executed members of a pro-Confederate guerrilla band which had murdered many men in their community. “In getting Rid of them People Did not think that the act was unlawful & might get those Engaged in it in Trouble They only felt that Each man woman and child in our Valley was safer than before.”

TIME TRAVEL MEETING: Finally, we’ve asked each editor to select one character from the CWG-K archive that they would most like to spend an hour with when the Flux Capacitor becomes a reality.

Tony

  • Richard Hawes – Mostly to ask, where were you? What did you do for three years after you were installed as Provisional Governor of Kentucky?

Matt

  • Joseph Swigert – In a word: bourbon. The Swigert family owned the Leestown Distillery (which would later become E. H. Taylor’s O. F. C. Plant, then the George T. Stagg Distillery, and today Buffalo Trace).

Whitney

  • Sarah Bingham – It’s safe to say that upon moving to Grant County in 1866, Ms. Bingham did not receive a warm welcome from the neighbors. The women of the area “were of the opinion that the morals of the neighborhood would not be improved by having in their midst a common prostitute.”  When her cabin burned down, nine local men indicted for arson. The petitioners claim these men were honorable, respectable citizens who would never commit such a common crime and accuse Sarah Bingham of burning her own house down with the intent to disgrace these men. Their petition was refused by Bramlette, who, like myself, must have realized there was more to this story.

Patrick

 

 

It’s a Hard Knock Life for… Everyone: The Laws of “Universal Adulthood” in Civil War Kentucky

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By Matthew C. Hulbert

spencer1In 1865, a jury of Covington (KY) residents slapped William Spencer with a 3 ½ year sentence for stealing a pair of pants from a fellow boarder. Now, if you’re at all familiar with previous CWG-K bloggings, you know that convicted murderers, rapists, and rampaging guerrillas frequently found themselves on the business end of far lighter sentences than Spencer (and sometimes without any sentences at all). What makes this case all the more compelling, however, is that by modern standards—that is, by contemporary, western ones—William Spencer was still a child at the time of his trial. According to affidavits, he was “left an orphan at two years of age and was tenderly reared by his Grandparents who were worthy members of the Methodist Church.” His grandparents died soon after and, while living with an uncle, young William fell in with “bad associations.” At roughly fifteen years of age, he quit “Sabbath School,” ran away from home, found a job, lost it, and was induced by poverty to steal the aforementioned pair of trousers.

At first take, sending a fifteen year old boy to the state penitentiary—a facility brimming with much older, more violent inmates—for stealing a pair of pants seems unthinkable. Even more so when we recall that the pants weren’t even new and couldn’t have been worth more than a few dollars. In reality, though, this wasn’t all that unusual of an occurrence in Civil War Kentucky. To put things mildly, perceptions of adolescence and understandings of how the law should be applied to children was a combined mess.

turman1Take for example the legal woes of James L. Turman, a tavern owner in Boyd County, who was fined $50 for “selling liquor to an infant.” The legal drinking age in Kentucky was twenty-one, then as now, and Turman fully confessed to having sold spirits to Sobble Burgess in spring 1863. The barkeeper defended himself, however, owing to the facts that at the time of the sale, Burgess was twenty years old and representing himself as twenty-one, but was also “well grown,” “doing business for himself,” and had permission from his father to drink. Perhaps most strikingly of all, in May 1863 when he bought the drink, Burgess was a candidate in Catlettsburg’s mayoral election, which Turman assumed could only be so if Burgess was “in his majority.”

Then we have the case of John Watson, a fourteen year old boy who enlisted in the Provost Guard as a drummer in 1861. A couple of years later, when part of his battalion was mustered out of service, Watson “reenlisted in Capt Flares Mounted company 34th Ky Vols.” This move prompted Colonel W. Y. Dillard of the 34th Kentucky Infantry to write Governor Thomas E. Bramlette with a request to have John transferred to his command; apparently the Colonel had “promised his [Watson’s] widowed mother to take care of him So long as I remain in the service.” In other words, with the Union not facing troop shortages like the Confederacy, Dillard understood that Watson was still a child and believed that he didn’t belong in combat service. (Once under his purview, Dillard could have Watson put back into his role as a drummer boy.)

Around the same time Dillard was trying to secure a transfer for Watson, a “free man of color” named Peter Yager was being convicted of larceny. According to petitioners on his behalf, Peter “was charged with stealing Tobacco, which was tied up in large hands & handled indifferently, and upon the trial, the proof introduced established beyond a doubt, that said Boy Peter, raised & cured just such Tobacco.” They also argued that “the Boy Peter proved a good character from his youth up to said trial, for industry and honesty his age was also proven to be from 15 to 17 years.” Translation: Peter’s (white) defenders believed that a farmer had carelessly lost his own tobacco and then blamed Peter for stealing it to cover the loss, despite proof that the young man had raised his own crop. Even the town marshal who’d originally arrested Peter and the prosecutor who’d convicted him signed the plea for executive clemency.

akin1Finally, we come to the October 1863 saga of Graham Akin, a fourteen year old boy from Danville. Described as “very delicate & slender,” Akin was swinging in the gymnasium of the Frankfort-based Waterman School when Thomas Davenport, three or four years Akin’s senior and billed as “heavy & stout,” stood in front of the swing and refused to move. Akin tried to ignore the bully; “he continued his exercises and slightly brushed against Davenport, where-upon Davenport Choaked and otherwise maltreated Akin.” In response, Akin snapped: he “rushed into the house of Mr Waterman, sized his gun and shot Davenport with small shot.” A grand jury in Frankfort indicted Akin on a charge of “shooting, in sudden heat and passion … with intent to kill.” Despite being held on $6000 bond, when Akin pled guilty to the charges, he was found guilty and fined just $50.

So what happened to all of these “child criminals?” And more importantly, what sense can we make of their stories?

  1. In September 1863, John Turman had his fine remitted for selling liquor to a minor and, while it appears Sobble Burgess lost his bid for the mayor’s office, he was never legally disciplined for misleading Turman.
  2. In December 1863, William Spencer was pardoned after serving only about a month of his prison sentence; he went to live in New York with relatives and, as far as we can tell, stayed out of trouble.
  3. Unfortunately, we aren’t sure if John Watson was transferred to the care of Colonel Dillard—or if he survived the war.
  4. We do know, however, that freeman Peter Yager had served half of his prison term by the time his petition was rejected by Governor Thomas Bramlette and that he spent another six months in the state penitentiary. (This isn’t a major surprise: by 1863–64, Governor Bramlette did little to hide contempt for his African American constituents.)
  5. And, lastly, there’s Graham Akin, who pleaded guilty to attempted murder and was fined a whopping $50. Upon appeal to Governor Bramlette, his fine was remitted. Davenport, now sporting a nasty scar, presumably stopped picking on Akin.

As their cases collectively illustrate, from regulations on drinking and firearms to military service and everyday criminal offences, the law in Kentucky generally failed to take a consistent stance on children. On one hand, the state enforced a mandatory drinking age, which clearly transmitted the idea that some citizens (those under twenty one) were not yet considered “legal adults” by the law’s reckoning. But the state also allowed boys technically under the legal enlistment age to serve in the military, which immediately weakens the notion that mandatory age limits were strictly enforced across the board and calls into question how the state could justify not allowing a twenty year old citizen to drink whiskey on account of his age but saw no issue with handing him a rifle and sending him into Napoleonic combat. (A question many still ask of current drinking and enlistment laws in the United States.)

On the other hand, though, we see numerous instances of children either being punished as adults for petty crimes, such as stealing worthless pants, or being pardoned due to their youth and inexperience for very serious crimes, such as attempted murder. This indicates that to some extent, the legal code in Kentucky blanketed all of the state’s residents, regardless of age, with a “universal adulthood”—while at the very same time the people who supposedly made and maintained that legal code (the governor, judges, lawyers, town marshals, etc.) understood more often than not that children ought to have been afforded unique treatment by the justice system.

Why they didn’t take the time to update the books and infuse stability into the juvenile sector of the justice system is anyone’s guess, though being trapped in the middle of the bloodiest military conflict in American history probably had something to do with it. Regardless, Kentucky was the epitome of contradiction when it came to legally dealing with children in the 1860s. Then again, given the state’s penchant for Conservative Unionism, its self-injuring methods for combating irregular violence, and the peculiar, even counter-intuitive legal hoops it jumped through to protect slavery, when wasn’t Kentucky a contradiction during the Civil War?

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

SOURCES: Richard Areson, Affidavit, n. d., Kentucky Department for Libraries and Archives, Frankfort, Kentucky (hereafter KDLA); Richard Areson to Thomas E. Bramlette, 24 Nov 1865, KDLA; James L. Furman to James F. Robinson, 4 May 1863, KDLA; Charles B. Cotton to Thomas E. Bramlette, 6 Jan 1864, KDLA; P. U. Major, W. H. Sneed, and John M. Hewitt, Jr. to Thomas E. Bramlette, 23 Oct 1863, KDLA; S. D. Delaney et al. to Thomas E. Bramlette, n. d., KDLA; H. M. Pierce to Beriah Magoffin, 28 May 1861, KDLA; W. Y. Dillard to Thomas E. Bramlette, 9 March 1864, KDLA; W. L. Jermane to Thomas E. Bramlette, 28 Nov 1865; KDLA.

The Everly Brothers and Kentucky’s “malishia”

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By Patrick A. Lewis

Ceralvo Ohio County Ky
April 22 1864
Govenear Bramlet

Sir we have a compney of 300 hundaret men and we have no armes,, and we have the malishia formed in a compney and I want to know what to do in the case Pleas give me Instructins in the undertaking,, soon

Yours truly
J. M. Everly
actin as Captin

KYR-0002-044-0040-001Jesse M. Everly, the author of this letter now housed at the Kentucky Military History Museum on the KHS campus, was a Union veteran, farmer, and father of five in his late thirties. His great-grandsons, the Everly Brothers, would make the family name famous in the mid-twentieth century with hits such as “Bye Bye Love,” “Wake Up Little Suzie,” and “All I Have to do is Dream.” The “most important vocal duo in rock” blended regional sounds from folk, country, and early rock in ways that typify Kentucky as a crossroads of national culture.

Don and Phil Everly’s grandfather, Isaac, wasn’t born born until 1869. Could the Civil War, spilling off of the battlefield into rural Kentucky communities in 1864 and 1865, have silenced the Everlys generations before they shaped modern music?

Jesse Everly’s famous descendants aside, this is a rich document for one so short. The small touches tell so much of the story here. Notice, for example, how Everly is “actin as Captin,” with the traditional leadership of the county off in the officer corps of units such as the 26th Kentucky Infantry—Everly’s unit until he was wounded and discharged after a skirmish at a Logan County railroad bridge in December 1861—Everly has taken it upon himself to organize a group for self defense from their rebel neighbors. What revealing sentence structure and punctuation, too, in “Pleas give me Instructins in the undertaking,, soon”. The double commas impatiently emphasize the vital urgency that Everly felt.

KYR-0002-044-0040-002On the reverse of Everly’s note is the clerk’s annotation when this letter was received and filed in Frankfort—in the very arsenal building where this document is housed today. By this time in the war, military filing procedures were standardized and predictable. The clerk (in order, down the page) noted the date and place of the letter, recorded the author and a brief summary, listed the date of response and the book where the outgoing letter was copied, and logged the date of reception at the office.

Fortunately, the Inspector General’s Letter book B from April 1864 survives and has been accessioned into the CWG-K collection. With just a few mouse clicks, future users of the CWG-K web interfaces will be able to move seamlessly from Everly’s initial inquiry to the Inspector General’s response, just one of the thousands of new connections between disparate collections and archives that this unique collection and research platform will help draw.

So, did Jesse Everly get his weapons to arm his militiamen? Stay tuned to the Civil War Governors news feed to find out!

Patrick A. Lewis is the project director of the Civil War Governors of Kentucky Digital Documentary Edition.

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.

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.