Tag Archives: pardons

Pardon Me (Part 2)

Erasmus Gardenhire letter

Erasmus Gardenhire seeks a pardon

As we have seen, many Americans who pledged loyalty to the South during the Civil War were compelled to seek pardons in order to resume their economic and civic lives.  Although Presidents Abraham Lincoln and Andrew Johnson issued general amnesties, members of the Confederate Congress and high-ranking Confederate Army officers were not covered by this blanket reprieve; instead, they had to petition specifically for a pardon from the chief executive.

Tennessee’s Erasmus L. Gardenhire was excluded from the general amnesty on two counts: not only had he served in the Confederate government, he had abandoned his judicial office to aid the rebellion.  Seeking support for his pardon application, on May 28, 1865 Gardenhire wrote to Jonathan Davis Hale of Nashville, who had served as a kind of intelligence chief for the Union command in Tennessee.  “I now desire to return to my allegiance and make a good citizen,” he assured Hale.  Having lost much of his fortune during the war, Gardenhire had “a large and helpless family of children, most of which are small daughters.” From Burkesville, Kentucky, he asked Hale to “use your influence with the proper authorities, that I may be permitted to stay with them and provide for them.”

Hale turned over Gardenhire’s letter and scrawled his endorsement on the back. “Dear President,” he addressed Johnson, who had served as military governor of Tennessee.  “You will remember Judge Gardenhire.  I am satisfyed he has suffered much both in mind & Body and I can forgive him if you will pardon him.”

Gardenhire filed his petition on August 18, but whether a pardon actually followed is unclear (Tennessee’s governor, William G. Brownlow, opposed it). Nevertheless, Gardenhire seemed to earn some measure of forgiveness, for he soon returned to his legal, political and judicial vocations.  President Andrew Johnson, meanwhile, was headed for a showdown with Radical Republicans in Congress and their ally, Secretary of War Edwin Stanton, over Reconstruction policies.  Ultimately, Johnson’s attempt to fire Stanton and replace him with a more sympathetic cabinet member triggered the first impeachment proceedings against an American president.

Click on the links to access finding aids relating to these Civil War pardons, part of the Manuscripts & Folklife Archives of WKU’s Department of Library Special Collections.  For more collections, search TopSCHOLAR and KenCat.

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Pardon Me (Please!)

Josiah Pillsbury's respite

Josiah Pillsbury’s respite

On December 10, 1861, the Confederate States of America officially recognized a group of secessionists calling themselves the Provisional Confederate Government of Kentucky.  This “shadow” regime, however, never gained legitimacy in Frankfort; in fact, it chose Bowling Green, then under occupation by Confederate forces, as its capital.  (A historical marker commemorating the designation stands on WKU’s campus).

The first governor of Confederate Kentucky was Scott County lawyer George W. Johnson.  In need of someone to fill the position of Auditor, and because his first choice had declined, Johnson asked Josiah Pillsbury of Bowling Green to serve in a temporary capacity.

Pillsbury’s reward for doing this favor for his friend was to find himself, along with other officials of the Provisional Government, indicted for treason by a Warren County grand jury.  In “claiming to be auditor in said pretended government,” read the indictment, Pillsbury had acted “in usurpation of the regular legitimate and constitutional government of the state” and cooperated with an army in “open rebellion” in order to wage war on the good citizens of the county.

Horrified, Pillsbury wrote a “my bad” letter, now in the collections of the Kentucky Historical Society, to Governor Thomas E. Bramlette.  He had wanted no part of the Confederate government, he insisted, but accepted the Auditor’s position only to accommodate Johnson until a replacement could be found. Supporting Pillsbury’s request for clemency were prominent Bowling Green attorneys William V. Loving and Robert Rodes.

Governor Bramlette obliged, but the document filed with the Warren County court was not a full pardon.  The constitution, Kentucky’s Secretary of State warned Pillsbury, only gave the Governor power to issue a temporary “respite”; the document Bramlette signed was, in fact, an edited version of a form used to extend the time for criminals “sentenced to be hung.”

The indictment of Josiah Pillsbury (who was eventually pardoned by President Lincoln) and other members of the Provisional Confederate Government of Kentucky, along with Bramlette’s respite, are part of the Manuscripts & Folklife Archives collections of WKU’s Department of Library Special Collections.  Click here to access a finding aid.  For more Civil War collections, click here or search TopSCHOLAR and KenCat.

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