Pardons, paroles, and clemency files, 1837-1841.

ArchivalResource

Alabama. Governor (1837-1841 : Bagby). Pardons, paroles, and clemency files, 1837-1841.

Pardons, paroles, and clemency files, 1837-1841.

http://www.worldcat.org/oclc/79625166

The Governor is the chief executive of the state whose function is to administer the laws of the state. One of the activities used to accomplish this function is the pardoning of individuals convicted or fined in all criminal and penal cases, except those of treason and impeachment. This series consists of letters and petitions, and supporting legal documents relating to pardons from crimes, parole from sentences, and remission of fines imposed. The crimes committed are overwhelmingly murder and assault and battery, but rape, theft, gambling, and adultery are also cited. Most of the theft cases involve slave stealing. Cases in which pardons are requested for slaves can be found in the following counties: Butler, Conecuh, Dallas, Greene, Mobile, Montgomery, and Sumter. The case in Greene County involving a slave called Jim Henry is particularly noteworthy. Owned by William Fleming, Jim Henry was convicted in 1841 for assaulting the overseer employed by Dr. John Crewell. Witnesses claimed that Jim Henry acted in self-defense after he was attacked by the overseer. There are several murder cases that garnered particular attention. In 1841 Isaac Davis was convicted for the murder of Samuel Frost, a free black residing in Lowndes County. In Madison County the murder conviction of Ervin G. Brookshire in 1838 resulted in a considerable public uproar. Bagby received much correspondence and petitions regarding the Brookshire case. The 1840-1841 case of James H. Marler in Montgomery County is another noteworthy affair. Marler was convicted for the murder of his brother; however, his petitioners begged Bagby to reduce the sentence to manslaughter due to the insanity of Marler at the time he committed the crime. There were two cases in Mobile County that resulted in urgent requests for executive clemency from the Governor. In 1838 Thomas Hilton was convicted for the murder of Hance Thompson. The case against Hilton was so weak that even his jury signed petitions in his support. The conviction of Senate P. Edwards in 1840 for the murder of John Hughes, a Mobile merchant, also resulted in a major public outrage. Edwards had accompanied Zachariah Monk to Hughes' store where Monk attempted to return a pair of pantaloons he had purchased the previous day. The dispute resulted in the death of Hughes. Other pardon requests of note include the case of Willey Collins in Dallas County whose letters of support include one forgery from J.M. Calhoun; an assault conviction for Felix G.M. McConnell of Talladega County for whom Benjamin Fitzpatrick wrote a letter on 1841 May 23, asking that Bagby reduce the $1,000 fine; the Randolph County case involving Nathan Bellah and Mary Jordon who were fined for committing adultery; and, a most entertaining case involving Charles W. Marston of Mobile County. In 1840 Marston was convicted for assault and battery of Charles W. Ogden. The incident occurred when a dispute between the servants of Marston and Ogden over a smoothing iron resulted in Ogden's insulting Marston's wife. After failing to secure a retraction from Ogden for his remarks, Marston met Ogden in the street and publicly beat him with a whip.

Originals: 1.5 cubic ft. (4 archives boxes and 1 oversized folder)Copies: 2 microfilm reels.

Alabama Department of Archives and History