J. M. Doty to James F. Robinson

KYR-0001-029-0154.xml

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Accession Number

KYR-0001-029-0154

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863

Item Location

R3-233 to R3-234

Place of Creation

Barren County, Kentucky

Date of Creation

12 January 1863

Dates Mentioned

1862-07-04

1863-01-12

1863-02-07

J. M. Doty to James F. Robinson, 12 January 1863, Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863, R3-233 to R3-234, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-029-0154, (accessed December 22, 2024).

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To His Excellency James F Robbertson,
Governor of Kentucky.

Your petitioner J M Doty of Barren County and state of Kentucky, would represent that at a late term of the Barren Criminal Court he was indicted for an offence known in the laws of the State as "usurpation of office" charging that he usurped the office of Judge of the Barren County court. Now your petitioner begs leave to make to your Excellency a candid and truthful confession of the whole matter, together with the reasons and motives which impelled him in the premises.

Your Excellency is aware that this portion of the State for nearly six months received no protection from either the general or state Governments -- but suffered it to be occupied by a large body of armed men from the South terribly hostile to both. Disloyalty, or suspected disloyalty to theircause was in many instances punished by confiscation and imprisonment by no higher tribunal than that instituted by a semisavage and brutal soldiery on the occasion. During this time a pretended government was set up for the State and your petitioner was appoiinted to the office aforesaid without any previous consultation with him on the subject. He states that he was averse to accepting it at first, but his friends, or those who should have been such urged him to do so, first by arguments and others by insinuating threats, which were well calculated to have swayed abler minds than his and he yealded, but was never commissioned or sworn by the pretended authority to confer
the office. Clark the man who was sent out to appoint officers for the so called provisional government he never saw or heard of before

Petitioner lives six miles from town, was not in town when Clark was there. Clark left a written order making the appointment in town which petitioner did not see till some two weeks after its date. Petitioner never held a court and never would have shown said order, but Judge McFerran who had issued a process in a case then pending in said court was about to be arrested for doing so by a military force, When petitioner learned it, he in order to prevent the Judge from arrest informed said authority that he presumed the Judge had no notice of the order, When he was directed to send said order to him which he did and thereby saved both from arrest.

Your petitioner cherishes no hostility to the Government of his fathers, on the contrary where[...] its authority has been restored he voluntarily went to Louisville on on the 4^th of July last and took the oath of allegiance in good faith which he has since tenaciously observed. Your petitioner states that he has a family dependant upon him for support. That he is not able ~~to incur the expense of the~~ to pay the fine which the statute imposes and that the assessment of it would reduce him and his family to beggery and want. He states the existence of the prosecution gives his family and himself great uneasiness of mind -- the idea to his mind of being indicted for an offence against the laws of his country is appalling in the extreme, and the expense of defending said prosecution will be exceedingly burdensome to your petitioner

Your petitioner would therefore make this appeal to executive clemency for pardon of the offence being the first in his life against the authority of the state which gave him birth

J M Doty

State of Kentucky
Barren County

This day James M. Doty came ~~to see~~ before me and made oath that the foregoing petition signed by him is true

W. F. Evans J B. C. C.
Jany 12^th 1863

Head Quarters Louisville
Febrry 7^th 1863
Gov Robinson

I have no doubt of the correctness of [...] of within petition. I know the petitioner well -- he is a distant relative & I know he is a good citizens, honrable and quiet. I believe his case is one of merit and I recommend him to clemency. Gov Owsley and I believe others in such cases acted upon conviction -- I recommend Jas M Doty to favorable consideration --

Brig Gen

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