Pardon request from Thomas H. Herndon to Governor A. B. Moore
Item
Identifier
Q134424_Q134425
Title
Pardon request from Thomas H. Herndon to Governor A. B. Moore
Rights
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Type
text
Creator
Herndon, Thomas H.
Date
1859 September 21
Description
From the Alabama Department of Archives and History Governor A. B. Moore collection. Letter written by Thomas H. Herndon to Governor A. B. Moore requesting clemency for Mr. James G. Y. Raynes, whom was tried and convicted on two indictments of selling or giving liquor to an enslaved person.
Format
Letter
Language
English
Place
Eutaw (Ala.); Greene County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
AnnMarie Shields
transcription
[[Eutaw (Ala.)|Eutaw]] Ala Sept. 21<sub>st</sub> 1859
To His Excellency
Gov. [[Moore, Andrew B. (Andrew Barry), 1807-1873|Andrew B. Moore]]
Sir:
At the last term of the [[Circuit courts|Circuit Court]] of this [[Greene County (Ala.)|(Greene) County]], W. Martin the solicitor of this Circuit being absent, I was appointed by the Court act as solicitor for the term. During the term Mr. James G. Y. Raynes was tried and [[Convicted|convicted]] on two indictments for selling or giving liquor to a [[Slave|slave]]. In one case he was fined $75. <sub>00/100</sub> and in the other $95. <sub>00/100</sub>. Since then facts have now come to my Knowledge which induce me to fear lest injustice may have been [?] Mr. Raynes and [?] to be my duty to [lay?] the matter before you who alone has the power to relieve them.
The facts of both cases are there: There was but one witness against him, & from his own testimony it appears that he was unfriendly to the Defendant. He testified that he saw Defendant <u>give</u> a negro named Adam, then under the control of Mrs. Sweatman, on two occasions a glass, or drink of whiskey. On the trial the Defendant introduced in evidence a written order from Mrs. Sweatman to him authorizing him to let Adam the slave have liquor in quantities from a quart to a gallon from the first of July to the first of January. Mrs. Sweatman lived within a short distance of Defendant’s store, & this man Adam was permitted by her to do small
[page break]
jobs for Defendant. The giving as testified by the Witness was within the times specified by the order/ Of course the order was insufficient in law to protect him; but he drew the order himself at Mrs. S’s request & though he was acting in conformity to law to let the slave have liquor under it. The Defendant tells me that the Witness never did see him give the liquor; but he admits that he was at various times <u>given</u> him, but never <u>sold</u> him, spirits & that he did without concealment & with the full knowl-edge & under the honest impression that he was violating no law.
I enclose a letter from F. P. [?] Esq. the attorney of Mr. Raynes & a respectable gentleman, & also a letter from Mr. Josiah Collins [?] of revenue in this County, & a gentleman of the highest character endorsing the veracity & character of Mr. Raynes. Both of these gentlemen are slave holders & near neigh-bors of Mr. Raynes.
If these facts commend Mr. Raynes to your clemency, the exercise of it in his case would incite no dissatisfaction
The fines will have to be paid by the first Monday of October.
I have the honor to be
your ob. svt.
[[Herndon, Thomas H. (Thomas Hood), 1828-1883|Thos. H. Herndon]]
To His Excellency
Gov. [[Moore, Andrew B. (Andrew Barry), 1807-1873|Andrew B. Moore]]
Sir:
At the last term of the [[Circuit courts|Circuit Court]] of this [[Greene County (Ala.)|(Greene) County]], W. Martin the solicitor of this Circuit being absent, I was appointed by the Court act as solicitor for the term. During the term Mr. James G. Y. Raynes was tried and [[Convicted|convicted]] on two indictments for selling or giving liquor to a [[Slave|slave]]. In one case he was fined $75. <sub>00/100</sub> and in the other $95. <sub>00/100</sub>. Since then facts have now come to my Knowledge which induce me to fear lest injustice may have been [?] Mr. Raynes and [?] to be my duty to [lay?] the matter before you who alone has the power to relieve them.
The facts of both cases are there: There was but one witness against him, & from his own testimony it appears that he was unfriendly to the Defendant. He testified that he saw Defendant <u>give</u> a negro named Adam, then under the control of Mrs. Sweatman, on two occasions a glass, or drink of whiskey. On the trial the Defendant introduced in evidence a written order from Mrs. Sweatman to him authorizing him to let Adam the slave have liquor in quantities from a quart to a gallon from the first of July to the first of January. Mrs. Sweatman lived within a short distance of Defendant’s store, & this man Adam was permitted by her to do small
[page break]
jobs for Defendant. The giving as testified by the Witness was within the times specified by the order/ Of course the order was insufficient in law to protect him; but he drew the order himself at Mrs. S’s request & though he was acting in conformity to law to let the slave have liquor under it. The Defendant tells me that the Witness never did see him give the liquor; but he admits that he was at various times <u>given</u> him, but never <u>sold</u> him, spirits & that he did without concealment & with the full knowl-edge & under the honest impression that he was violating no law.
I enclose a letter from F. P. [?] Esq. the attorney of Mr. Raynes & a respectable gentleman, & also a letter from Mr. Josiah Collins [?] of revenue in this County, & a gentleman of the highest character endorsing the veracity & character of Mr. Raynes. Both of these gentlemen are slave holders & near neigh-bors of Mr. Raynes.
If these facts commend Mr. Raynes to your clemency, the exercise of it in his case would incite no dissatisfaction
The fines will have to be paid by the first Monday of October.
I have the honor to be
your ob. svt.
[[Herndon, Thomas H. (Thomas Hood), 1828-1883|Thos. H. Herndon]]
Subject
Moore, Andrew B. (Andrew Barry); 1807-1873; Alabama--History--19th Century; Petitons; Crime--Alabama--History; Greene County (Ala).