C. J. Lawton to Thomas E. Bramlette

Accession Number

KYR-0001-004-2633

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867

Item Location

BR16-207 to BR16-208

Place of Creation

Hartford, Ohio County, Kentucky

Date of Creation

November 1865

Dates Mentioned

1865-11

1865-06

1865-12-05

Hartford Ky Nov^r 1865
To his Excellency Thomas E Bramlett
Govenor of Kentucky

The Undersigned would respectfully represent to Your Excelency that in the latter part of June 1865 I received a commission as Post Master at Hartford Ky I immediately called on two of our Lawyers and asked their opinion whether or not the office of Police Judge (which office the people of Hartford had confered on me three succesive terms) was incompatible with that of Post Master, they gave it as their opinion that the offices were not incompatible and cited the cases of Col James S Jackson a federal officer in full commission and respresentative in Congress and Col Whitaker and Lieut Col Bramlett holding offices in the federal army and Members of the Kentucky Legislature, I next asked H D M^cHenry Esq — his opinion he said there was some doubts but rather thought the offices incompatible but advised me to write to Judge Stewart and get his opinion which ^I^ did immediately and rec^d no answer and wrote to him again at Owensboro where he was holding court and still failed to get an answer, he has subsequently told me that he did not receive my first letter but Rec^d the letter I wrote to him at Owensboro and wrote me a reply and sent it by private hand, but it was suppressed and I never got it, I for some time refused to do any business as police Judge after I qualified
as Post Master until I could hear from Judge Stewart, but on account of great presure the county Judge^s office having become vacant by the death of Judge Hill and the length of time which it would require to fill the vacancy by my vacancy by my resignation and as before observed the presure of officers and citizens became so great and all beleiveing there would be no wrong in me to isue their process &c that I yealded expecting every day to hear from Judge Stewart and did assume the business and duties of Police Judge under the beleif that I was not violating the law but resigned soon after, my Political Enemies saught this opertunity to punish me and procured and Indictment against me by the Grand Jury for Usurpation of office at the October term of the Ohio circuit court it is to all intents a malicious prosecution against me in the name of the commonwealth, I have allways acted concienciously in my official capacity am as much opposed to the violations of law as any man where where the law is violated Knowingly and with a malicious intent, I have the confidence of the Judge and bar of our circuit court as you may percieve from the fact that I have been kept as master commissioner of this court over 15 years having first been appointed by Judge Kincheloe and reappointed by Judge Stewart, I am a poor man and my family will suffer if I am
compelled to pay the fine denounced against those who usurp office I am 58 years old and the payment of such a fine would ruin me in my old age and if I have committed a crime against the laws of my country it has been done without mallice and without the intention of doing wrong, And most respectuflly ask Your Excelency to grant your Clemency and releive me from the Indictment and Parden me if I have done wrong

verry Respectfully
Your Obt servt
C J Lawton

We the citizens of Hartford have known C J Lawton many years he has allways been considered a good officer and we do not beleive he would maliciously and knowingly violate law and we most respectfully ask the Governor to Parden him if he has violated the law as charged in the Indictment against him for Usurpation of Office and direct the Indictment to be dismissed

J. [...]
John Phipps
R. Gibson
J. T. Benton
E. H. Coleman
Robert Moore
Z. Wayne Griffin
A. L. Morton clk
J. B. Hamson
W^m Graves

Ohio Cir Ct
vs
C J Lawton
usurpation of Office
5^th Dec/65
Pardon the offense & remit the penalty

Send to Hartford
Ohio County Ky

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