W. H. Calvert to Beriah Magoffin

KYR-0001-020-1896.xml

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Accession Number

KYR-0001-020-1896

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG23-321 to MG23-322

Place of Creation

Frankfort, Franklin County, Kentucky

Date of Creation

n.d.

Dates Mentioned

1861-02

1862-05-01

W. H. Calvert to Beriah Magoffin, n.d., Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG23-321 to MG23-322, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1896, (accessed April 29, 2024).

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Auditor's Office, Ky.,
Frankfort, [ ], 186[ ]
Bariah Magoffin, Esq. Governor of Kentucky
Dear Sir

I came to your City on yesterday to see you in regard to those Troublesome cases of the commonwealth against James & John Williams perhaps it is best that you were away as you have already been harrassed a great deal about them. But permit me to say to you that a train of circumstances have transpired since you last respited said Judgements that has left me in even a worse condition to pay said Judgements than I was one year ago, Since that time there has been no courts -- and I have been unable to ~~obtin~~ obtain judgemnts on debts in favor of Jesse Williams Estate already sued on and if I had Judgements now I could not make the money on them for there is no money in our country that will pay debts and property will not sell for any thing in consequence of my scarcity of money. A few days since the slaves of Col W B Machon was sold under an Execution in satisfaction of an old British debt trumped up against him since he has been compelled to have the estate and his slaves sold for about $100, apeace, The slaves in my hands as the Admin of Jesse Williams are levied upon to satisfy the debts of John & James Williams to the Commonwealth, and Monday next is the day of sale, and I feel satisfied that the slaves [bond] upon will not bring one third of their real value These facts I have
JCommunicated to M^r Gaither secretary of state and under the pressing condition of things he took the responsibility of acting in the matter and respited those debts for the further time of twelve months for which I am under many obligations to him, and hope that you will cheerfully endorse his act. M^r Gaither requested that I should write you in regard to the matter and granted the respite with some hesitancy I have no doubt that you are familiar with all the circumstances of the case and therefore needs no further comment by me

But there is another case I wish to submit to your consideration and in which I crave your interposition. Perhaps you recollect in Feb 1861 I came to see your Excellency for Thos B Wadlington, and at the same time presented a petition in Favor of George Jenkins and myself as the Admr of John T Calvert. The facts of the case are these D B Calvert the son of John ~~[...]~~T Calvert was indicted for an affray and Judgement was rendered against him for the com^th for $300. at the time of the rendition of the judgement the atto for the Comth asked for an order that D B Calvert should pay the amount of the judgement in money down replevy the debt or go to jail -- D B Calvert prayed an appeal in said case to the court of Appeals and entered into an appeal Bond Sattirday ^with John T Calvert and George Jenkins his securities^ and on the next monday thereafter D B Calvert was shot dead in the streets of Princeton J T Calvert Administered on the Estate of D. B. Calvert and did prosecute
said appeal according to the requirements of the law sent the record to the office of the clerk of the court of Appeals and the same was filed and docketed and continued death of D B Calvert suggested and reviewed in the name of his Admr as the records of the court of Appeals will show by reference to them Then John T Calvert died ~~and~~ I became his administrator said appeal in a short time thereafter was dismissed and for reason as appeared from the mandate because the record had not been filed these facts were sent forth in the petition to you by the citizens of our county and you remitted the whole of said fine against said surities but the remitter never came to hand at Princeton and since I have arrived in your city I have been unable to find either the petition or the action taken by your Excellency upon it You at the time you took action on the petition you told me to say to Campbell the comth atto that he was not entitled to the fee as the ~~case~~ ^suit^ had been thought by Arnold on the appeal Bond and no judgement having been given in the case at the time you remitted said forfeiture not having the remitter I plead and asked time to get it the Comth atto admitted the Answer and demurred, the court sustained the demurrer and gave Judgement for 30 percent on the amount ~~[...]~~for the
atto for the Comth and M^r Campbell ^the comths atto^ informs me that if I do not get the results by the June term of our court ~~and~~ that he will take judgement against me for the remainder of said Bond for the Comth The Estate of D B Calvert is insolvant hopelessly so The Estate of J T Calvert may be able to pay off his debts But I do not think it will be left an aged wife and a large family of females and two sons one of them now in the southern army and the other now a prisoner in the Lincoln army Jenkins is a very poor man and in consideration of the premisses I ask you to interpose again in this case all the facts I have above stated are surely true and the records of the court of Appeals will verify the same

very respectfully your obedient
W. H. Calvert

Remitted as to last case mentioned
B M

Caldwell Cir Ct
$300 } App bond
Jenkins & Calvert Admr
Iss May 1. 1862

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