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th 1865
Flemingsburg Jail
To His Excelency.
Lieutenant Governor --
I pray your excelency regard the following as a frank and truthfull statement
I am a native of Kentucky. My parents & grand parents were born here. My great grand parents are buried here -- I am a lineal descendant of the Fletchers Byrams & Pattons.
I am a Lawyer by profession Twenty five years of age --
I left Covington Ky. in the year
to the fire of our own batteries in conjunction with Forty Nine others General & field officers (a retaliationy measure for the imprisoning of Federal officers in "that part of Charleston exposed to the fire of their own guns night & day"). was exchanged (see Furlough herein enclosed). --
Upon reporting for duty. was ordered by Genl Williams to reorganize my Battalion which had been greatly decimated by death and straggling --. -- My orders required me to move into Kentucky -- gather all the stragglers from the various Battallions of Genl Willims Brigade reorganize my own Batt n. recruit &c.
I am indicted by this court Fleming Circuit Court, for "HorseStealing." in Five different cases. And in the Kenton circuit court in one case.
The specifications are true as stated in the "bills" that I seized or authorized the seizing of horses is not denied
Positively, imphatically, and indignantly I deny the charge of "Feloniousintent."
If there were twenty or more bills found against me. I would not shrink from the responsibility of either act by a traverse --
My plea & defense is, "I am a Confederate officer and Soldier and as such seized or authorized the seizing of the Said
Horses. and that it was legitimatelly within the scope of my duties as such" -- I seized them in the name of and on behalf of the confederate states and held & controlled them as the property of said government.
They were strictly acts of "belligerent rights" as recognized between the United States and the confederate states. then at war with each other and public enemies to each other. -- "Rights" which all the civilized powers of the earth conceded to both "beligerents"
"Rights" which if denied the North could not have been denied the South in her extremity -- Having no other means to secure "stock" for the Artillery and Cavalry arm of the Service than to "press" them when ever possible --
The South was without a horse market and no money with which to purchase from non Combattants where they could be procured Cut off as ^we^ were from the outside world and combatting a nation numerically overwhelming Our general officers not only approved but ordered acts of the class. which are designated in the charges against me "Felonies"
In no instance did I receive any benefit whatever, In no instance was there an "appropriation" to my own use -- In no instance was there a sale of said property an appro-
priation of proceeds &c --
The only question therefore which can oppress the mind of your Excelency is can I establish my identity with the "rebel" Army -- to which I can only answer that Hundreds of returned Confederate Soldiers will swear it that I am a regularly enrolled and enlisted Soldiers and officer as aforesaid of the Confederate army --
"Documentary evidence" would be difficult to to procure -- The "Rebel archives" are in the custody of the United States -- The heads of various departments,"Rewards" &c -- have deserted their posts. (I wrote to Mr Stanton for a copy of the rolls. & cartel. upon which I was exchanged upon two occasions. He informed me that he "would not interfere with the civil courts ^authorities^ of Kentucky") (Hopefull as this decision is I cannot but regarrd it as a "shabby" trick on the part of Mr Stanton after encouraging me to rebell to desert me so unceremoniously)
Governor I resisted the Military of the United States as long as we had an organized army in the field and doubtless would be clamoring for the "last ditch" theory. if there existed any encouragement for in that case I know Mr Stanton would Send
me round" and trade me off -- Such is my situation the United States have no further use for "prisoners of War." and consequently I am left in the lurch of those who have renounced the responsibilities of "rebel Soldiers"
When Genl Johnson Surrendered of whose army our department (S. W. & E Tenn) was auxilliary I manifested the same willingness that others did to yield to the authority in whose favor the arbitrament had decided to issue I certainly did not anticipate civic proceedings against me
This court at my arraignment held (contrary to a recent decision of Court of Appeals), that it is a matter of indifference and that such a plea as mine would not avail me, They therefore refused about and disregarded my prayer to be turned over to the Millitary authorities, for I well know that they would recognize my acts as right and legitimate.
I am no "Guerrilla" "outlaw" or Murderer no such charges exist against me anywhere -- It was my duty, and my pleasure to not only discountencance but to suppress th such (See enclosed letter of a bitter union man whose property I protected with pistol in hand against an unwarranted body of our supporters).
No instance can be shown where men of my command were ever permitted to interfere with the rights of citizens by visiting upon them any kind of predatory warfare saving the taking of their horses a sad necessity, an unavoidable necessity
Were I convicted and tendered a pardon upon conditions that I confessed regret and repentance or any kind of contrition I could not conscienciously and would not do it -- I believed then and I believe now that I was right --
I cannot understand what good can result from the punishment of such offenses If "army connection" has been employed by any one during the war as a "pretext" it cannot be ple^a^d in future. and all future acts of the kind are individual acts, therefore it cannot serve the evil disposed as a "terror"
A trial your Excelency knows is propperly a channel through which the fitness and worthiness of an indivdual for society is determined As to whether or not I am fit now or can be made a more acceptible member of the community by punishment I refer you to any respectable gentleman or Lady of my home Covington Ky. Col John W Stevenson will probably write you on this subject Mr Ex Lt.
Governor Fisk -- Col W. E. Arthur Mr Carlisle Mr M, M, Benton. C. G. Wallace -- I also refer you to Hon Belvard J. Peters Court of appeals. Col E. W. Morgan Supt. Ky Mil Institute where I was educated.
It is not the corporial punishment I fear & abhor and shrink from. It will require no "out-side pressure" no punishment. It will require no disgracefull investigation of criminal charges against ^me^ to influence me from future acts of hostility to the "peace and dignity of the Commonwealth" -- I have a name which is dear to me than all earthly treasures and a monitor within me to guide me in the path of rectitude and duty.
I cannot be the first ^link^ in a long chain of honorable people joined by the ties of consanguiniuty to "break the spell" -- to debase and dishonor it -- God & the Governor forbid it IwouldratherbeshotbyamilitarycommissionthantobetriedbyaJuryofmycountrymenforallegedcrime -- I would not feel that my conviction was disgracefull in fact but thereafter "The blemishes would be read in the worlds report" --
My persecution (for I regard the proceedings unprecedently oppressive). is the result of petty personal Malice And I cannot
believe that the Law has become so degenerated as to become a machine for the gratification of the low, grovelling, and unmanly passion of revenge --. I insist upon maintaining the majesty of the Law if I am sacrificed upon its sacred shrine --
"Let justice be done if the Heaveans fall" I am growing too argumentative in my pleading I respectfully submit the matter to your Excelency trusting that governor Bramlette will be governed by that magnanamous nature which in the hour of my countrys misfortune and defeat and in this better hour of my humiliation teaches better lessons than those of cold puritanism
I love my native State beneath whose sod sleeps my forefathers. I love her people. Theire peace Happiness & prosperity ever has and ever will be my pride and ambition to promote And I am unwilling to believe that She will with hold from me -- one of her "prodigal Sons" that forgiveness and fraternity concession and compromise which has crowned her in with the laurel bloom --
I claim the honor to be Your Excelency's very gratefull and very Obedient Servant
Oliver A Patton.
Lt Col. (Late) P. C. S. A.