J. K. Sumerall et al. to Thomas E. Bramlette

KYR-0001-004-0663.xml

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Accession Number

KYR-0001-004-0663

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

BR10-18 to BR10-19

Place of Creation

Maysville, Mason County, Kentucky

Date of Creation

17 April 1864

Dates Mentioned

1864-04-17

J. K. Sumerall et al. to Thomas E. Bramlette, 17 April 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR10-18 to BR10-19, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0663, (accessed April 18, 2024).

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F Latham

J M Mitchell

Maysville Ky
April 17" 1864
To His Excellency Thomas E. Bramlett
Governor of Kentucky:

Your Petitioners would respectfully represent That they are not in habit of applying to the Chief magistrate of Kentucky to remit any fines that may be imposed by the Juries of the Country for any infraction of the penal laws of the State -- We think the laws of the state ought to be faithfully executed and the penalties for the violation thereof promptly enforced against offenders -- but there are certainly cases, rarely occurring we admit, when your Excellency ought to interpose to prevent the vigorous execution of the law- because of the hardness of the particular case and the manifest injustice of the law's execution -- Such we think is the case of Mr George Myall a citizen of Mayslick, Mason County Ky, in whose behalf the undersigned petition your Excellency Mr Myall is a Grocery Merchant
in the town of Mays Lick -- He is one of our best citizens- a Christian gentleman and one who would not knowingly and wilfully violate any obligation he might assume or any law of the state- His Bond or affidavit for a Merchants license, neither, forbid him to sell Liquor to Free negroes -- Before selling Liquor to any such Free-negro. Mr Myall consulted with his neighbors and also asked the advise of a lawyer as to his right to sell to Free negroes under the laws of the State. His neighbours and the lawyer told him, there were no Statute forbidding such sale -- that Free-negroes had a right to trade in all respects as white men -- Mr Myall was guilty only of two such offenses, before he discovered that he was violating the statute -- as soon as he discovered his error, he ceased such trade -- For two said offenses, he was indicted by the Grand Jury of the County, the true state of the case
not appearing before the Grand Jury At the present term of the Mason Circuit Court, the Commonwealth vs Myall was called for trial, when Mr Myall, through his attorney plead guilty to the charge, making appear to the jury and the Court the fact of the statements above made -- The Court and the jury though Mr Myall's case a peculiarly hard one -- but the law made the duty of both plain -- because your Excellency knows that ignorance of law, excuses no one -- The jury therefore immediately assessed the fine at $20 -- ^and costs^ the lowest amount permitted by the law My Myall cases not so much for the amount of fine- he is satisfied with what the jury did in the premises -- but he is a man sensitive of his honour and moral character and hopes your Excellency, under the circumstances, will not permit him to remain under the stigma of violating law in such a little buisness -- especially when that violation was committed under ^the Counsel^ and advise of those who should have
known better -- your petitioners mostly Mr Myall's immediate neighbours and well acquainted with him -- interested as all good citizens to prevent such a traffic -- ask of your Excellency, as a great favour ^to^ them and also Mr Myall the remission of his said fine in consideration of the premises aforesaid --

Respectfully &c

J. K. Sumerall
Jn^o M Duke Jr.
R. H. Hanton
W H Wadsworth
H. Taylor
E. C Phister
J Laytham
Elza Berry
Eneas Myall
Sam^l C. Scott
P. R. Wheatly
T. W. Wheatly
Jo^s W. Howe
K Lincox
Hiram Dye
Philip A Cook
Henry. S. Jefferson Sheriff of MC Ky
T A Palmer
Jesse Fisher
J B Herndon
G. W Powel
E Laytham

Geo T Allen
Silas A. Clift
Waller Small
J. T. Mitchell
Tho^s Raymond
W^m. Pepper
Geo Wells
R E Breaking
E H Herndon
Thomas Forman
Thos P Hopper
T. W. Glassford
Jno Clarke
J H Watson
T. B. Arthuer
W Watson
W Baird
C A Burgess
J. W. Williams
R H Duncan
A M Reed

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