Hunt & Beck to Thomas E. Bramlette

KYR-0001-004-0715.xml

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Accession Number

KYR-0001-004-0715

Document Genre

Correspondence

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

BR10-94 to BR10-95

Place of Creation

Lexington, Fayette County, Kentucky

Date of Creation

April 1864

Dates Mentioned

1864-04

--08

1861-02

1861-06

--02

1862-08

1863-02

1864-04-13

Hunt & Beck to Thomas E. Bramlette, April 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR10-94 to BR10-95, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0715, (accessed November 5, 2024).

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Lexington Ky April 1864
Hon: Thomas E. Bramlette Governor of Ky
Sir

We desire to apply to Your Excellency for the release of a judgment against W. C. P. Breckinridge upon a forfeited recognizance of bail. The amount of the bail was $500., for which judgment was rendered at the last August Term of the Fayette Circuit Court. The circumstances are these:

Braxton, a slave of Dr. R. J. Breckinridge -- father of W. C. P. Breckinridge, was indicted at the February Term 1861 for the murder of another slave, and was tried at that term. The jury failed to agree, and he was bailed by his master. At the June Term 1861, the cause was continued, & D^r Breckinridge recorded his recognisance of bail. At the next February Term, the cause was again continued; and D^r Breckinridge being absent, his son William became bail for Braxton in the sum of $500. This was done for his father's accomodation & at his request, simply because he was not here himself to Enter into the recognizance. Substantially, & we think legally too, W. C. P. Breckinridge was but the surety of his father, who (we understand) feels himself bound in morals (as he probably is in law) to make up, in some form, to his son or his son's
family for any loss that may result from it.

Braxton continued to appear for trial till the August Term 1862, at which time (we think) he made default, though no forfeiture was entered till Feburary 1863. The Commonwealth was at no time preparing for trial; indeed was at no time ready for ^a^ trial after the first took place. In fact, the Attorney for the Commonwealth felt that there was no likelihood of procuring a conviction. Hence the cause was suffered to drift along.

It is certain that Braxtons failure to appear was not from fear of the result; for (as we have said) he was in attendance for four terms after his trial, & in the meanwhile some important witnesses against him had gone off. His disappearance no doubt, resulted from the same general causes which have induced so many slaves to run away in the past two years, & have rendered that class of property so insecure.

We know that D^r Breckinridge has all the while intended that his slave should be forthcoming & amenable to the law. He has expressed, ~~the desire~~ from the first, a ^desire^ that he should be promptly tried for the offence with which he is charged; & whilst wishing to give him the protection due from a considerate & humane master,
he had distinctly directed that no shifts or delays should be resorted to for the purpose of postponing or evading a fair trial. And we are informed that he has made every effort in his power to recapture Braxton that he has offered a reward, at one time of $50., at another of $100., for his apprehension.

It cannot be doubted that he is sincerely desirous of bringing this about, and that he will continue his efforts to that end.

His son William made an assignment of his property for the benefit of his creditors. The assignee, Dr Desha, has ~~paid~~ ^made arrangements to pay^ $150. -- the Commonwealth's Attorney's part of the forfeiture. We think the residue ought to be remitted, & respectfully make that request of Your Excellency. Though nominally the debt of the son; it is (as we have said) really & ultimately the debt of the father.

D^r Breckinridge wishes this remission, & has expressed a desire that this application should be made: but he naturally feels a delicacy about making a personal application to Your Excellency in his own behalf. We were his counsel in the defense of the slave; & knowing all the circumstances, we feel that it presents a strong case for the Executive interposition, & on his behalf appeal to Your Excellency for it. We think his character & public services, the loss which will in any event result to him, & the whole circumstances of the
case as we have detailed them, will incline Your Excellency to remit the liability, as they will surely justify your doing so.

If it were a debt that would ultimately fall on W. C. P. Breckinridge, we would still think it ought, under the circumstances, to be remitted, as it is a charge on the fund assigned to pay his debts. But (as we have said) it is not ultimately his, but his father's liability.

We beg to invoke Your Excellency's favorable consideration of this application.

If you should determine to interpose, the document may be enclosed to us.

Very Respectfully
Hunt & Beck

We hope your Excellency may grant the prayer of the foregoing Petition

W L Downey
C W atty.
W C Goodloe

Fayette Cir Ct
vs

Remit except fees & costs
Tho E Bramlette

W. C. P. Breckinridge
Forfeiture
13^th Apl/64

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