Early Governors' Papers

Nashville 4^th June 1816.

The undersigned beg leave to represent to your excellency, that at the late sitting of the circuit court of the county of Davidson they appeared as counsel for John Bowden who was charged with receiving stolen goods to the amount of about twenty dollars, & that on his trial he was found guilty by the jury - They further represent that the said John Bowden is about fifty five years of age that he has a family of children, that he is poor, and that in the fifty five years which the prisoner has lived, he has never ^before been charged with any crime - The undersigned would further represent that in their opinion the public good will not be subserved by the infliction of corporal punishment imprisonment or fine on so aged & indigent a man. They undersigned there fore pray your excellency to grant your pardon to the prisoner -

very respectfully.

Felix Grundy Alfred Balch.

His Excellency Jo^s M^cMinn Esq^r

I am of opinion that John Bowden is a proper subject for the exercise of the clemency of the Executive 6^th June 1816

A. B. Heyes

May Term

Nashville, June 14^th 1816.

D^r sir,

I am again under the necessity of addressing ^remonstrating with you against pardoning an offender. I am informed that a peti= tion has been forwarded to you, in favour of atending money to John Bowden, who was convicted at the late ses= sion of our Circuit court, of receiving stolen goods, know ing them to be stolen. If such a petition has been presen =ted, it was done secretly, in order to prevent the effect of a counter petition. The facts and circumstances of the case, are as follows. The stolen goods were found in his possession, And he confessed that he obtained them from a negro na= med Sandy, a slave. He had been previously detected in a familiar correspondence with Sandy, and admonished by the owner not to have any thing more to do with him, as he was a notorious villain. He was not at home when the goods were deposited with him, but he retained them ^under his immediate inspection two weeks before they were found, and took no measures to have them advertised; and when charged with having them, he prevari=

Nashville 30^th June 1816

Dear sir,

I have learned from Mr Washington that your Excellency has remitted the fine against John Bowden, in whose behalf Mr Grundy & myself petitioned your excellency -

The grounds of our application were simply these. That the fact being known to your excellency that the prisoner was a grey headed old man having children & grand children male & female in this town, the purposes of the criminal justice of the country could not be affected nor its objects obtained by the corporal punishment of such a man - For sure I am that there is no person, who could see a grey headed father receiving the lash at the public whipping post & stripped to nakedness, without ex periencing sentiments of pity & horror. Such an instance as this, with thousands of them, establish more clearly the necessity of your excellency's encouraging by yr influence & recommendations the establishment of a penitentiary under legislative authority, an institution that is the offspring at once of a sound, expanded & mild philosophy

Were it necessary in this case of John Bowden I could procure hundreds to express to your excellency their desire that this old man should not be corporally punished. As to his imprisonment I think tho one of the counsel of the [?], that it would be just & politic that he should suffer it

If in any case from its peculiar circumstances, a criminal should excite the sympathies of the public in his behalf, his punishment cannot deter others from the commission of like offense, & therefore the great object of the criminal law cannot be secured in the chastisement of such an individual.

I assure yr Excellency that neither Mr. G. nor myself, are actuated by any other consideration in this business than a regard for the female part of the family of Bowden, & the earnest solicitation of Bowdens son in law, who represents the feelings of his wife the daughter of Bowden & his mother in law.

After this statement your excellency can exercise yr discre tion as to your judgment shall seem most wise & humane.

Great excitement prevails here on the subject of the late treaty.

The State v John Bowden

Ind^t for larceny

The said Jno Bowden who stands con= victed of receiving the stated property mentioned in the Indict second Count of the Indictment aforesaid was again led to the bar in custody of the Sheriff of Davidson County and the said Jno Bowden prays that judgment may not be entred on the verdict of the jury in this cause but that the same may be arrested for the following reasons viz Defendant says judgment in this cause ought to be arrested because the Court ought Count on which he is found guilty is bad in law; for this among other reasons the offence is not alledged to have been done with force and arms. Batch Grundy and Hayes pro Def^t whereupon the law [arising?] upon the said reasons in arrest of judgment being argued it seems to the Court that the reasons aforesaid are not sufficient in Law to arrest the judgment It is therefore consider'd by the Court that the reasons aforesaid be overruled - And thereupon it being demanded of the said Jno Bowden if any thing for himself he had or knew to say why the Court here to judgment and execution of and upon the premises should not proceed said he had nothing but what he had before said whereupon all and singular the premises being said and fully understood - It is considered by the Court that the said John Bowden pay a fine of fifty dollars that he be imprisoned thirty days from this day and that he receive on his bare back at the public whipping post fifteen lashes well laid on. and that the execution of this judgment be made and done upon him the said Jno Bowden as to the whipping by the Sheriff of Davidson County on Thursday the 20^th Instant in Nashville