Missouri State Archives Finding Aid 5.20 OFFICE OF SECRETARY OF STATE COMMISSIONS PARDONS, 1836- Abstract: Pardons (1836-2018), restorations of citizenship, and commutations for Missouri convicts. Extent: 66 cubic ft. (165 legal-size Hollinger boxes) Physical Description: Paper Location: MSA Stacks ADMINISTRATIVE INFORMATION Alternative Formats: Microfilm (S95-S123) of the Pardon Papers, 1837-1909, was made before additions, interfiles, and merging of the series. Most of the unmicrofilmed material will be found from 1854-1876 (pardon certificates and presidential pardons from an unprocessed box) and 1892-1909 (formerly restorations of citizenship). Also, stray records found in the Senior Reference Archivist’s office from 1836-1920 in Box 164 and interfiles (bulk 1860) from 2 Hollinger boxes found in the stacks, a portion of which are in Box 163. Access Restrictions: Applications or petitions listing the social security numbers of living people are confidential and must be provided to patrons in an alternative format. At the discretion of the Senior Reference Archivist, some records from the Board of Probation and Parole may be restricted per RSMo 549.500. Publication Restrictions: Copyright is in the public domain. Preferred Citation: [Name], [Date]; Pardons, 1836- ; Commissions; Office of Secretary of State, Record Group 5; Missouri State Archives, Jefferson City. Acquisition Information: Agency transfer. PARDONS Processing Information: Processing done by various staff members and completed by Mary Kay Coker on October 30, 2007. Combined the series Pardon Papers and Restorations of Citizenship because the latter, especially in later years, contained a large proportion of pardons. The two series were split at 1910 but a later addition overlapped from 1892 to 1909 and these records were left in their respective boxes but listed chronologically in the finding aid. Commissions now uses the series title Pardons for all pardons, restorations of citizenship, and commutations. Added or interfiled one unprocessed Hollinger box of pardons dated 1854-1876. Another dated 1836-1920 on June 4, 2010. On August 9, 2010, added two Hollinger boxes of mostly 1860 pardon papers found in the stacks. Accession 2009-0025 processed on July 29, 2009; 2012-0055 on June 8, 2012; 2015- 0055 on October 20, 2015; 2018-0013 on February 6, 2018; 2018-0132 on June 7, 2018. HISTORICAL AND BIOGRAPHICAL NOTES The Missouri Constitution states: “The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper, subject to provisions of law as to the manner of applying for pardons” (Article IV, Section 7). The Missouri Revised Statutes (RSMo 217.800) require that all applications for pardons, commutations, and reprieves be referred to the Board of Probation and Parole for investigation; the board then submits a report and non-binding recommendation to the governor. Early pardons, however, were handled entirely within the governor’s office. Approved files are sent to the Office of the Secretary of State for a certificate to be issued. After 1993, the board no longer sent supporting documentation and only the certificate was filed. Although the distinction is sometimes blurred, there are basically three types of pardons: commutations of sentence, restorations of citizenship, and pardons. Commutations of sentence, which reduce the original sentence whether it was from hanging to life or reduced the number of years imprisoned, was its own series from 1847 to 1985; from thereon out, commutations are found intermingled with the pardons. Restorations of citizenship primarily impact suffrage but the right to vote is now automatic after the convict is released from prison and is no longer on probation or parole (RSMo 115.133). A pardon itself is normally considered an expungement of the original conviction and in most cases is awarded for good behavior after the prisoner has been released, but in a few cases it has been awarded for proven or perceived innocence of the original charge. For instance, Johnny Lee Wilson was pardoned by Governor Mel Carnahan in what his staff determined to be a false confession made by a man with diminished mental capacity. Pardons were granted for crimes ranging from speeding to capital murder. Those pardons granted for minor infractions are often so that the applicant may seek employment in professions such as police or the military that bar convictions. For instance, a rash of pardon requests in the late 1960s were for traffic violations so the applicant could become Missouri State Archives Page 2 of 336 Finding Aid 5.20 PARDONS a highway patrolman. Another reason for seeking a pardon, such as the case of Antonino Mormino in 1972, was to avoid deportation. In one unusual case in 1968, a pardon was granted to a deceased man, Harry Jack Hoefeler, Jr., to lessen the grief of his parents and remove the stain on the family honor. The number of pardons issued by governors for all states, including Missouri, plunged in the latter part of the 20th century, in part after it became a hot political issue in the 1988 presidential election after a furloughed prisoner from Massachusetts went on a murderous rampage. What once was a routine action of the executive branch as a check and balance on the judicial system is now considered a rare occurrence. ADDITIONAL DESCRIPTIVE INFORMATION Related Material A related series called Record of Pardons Issued consists of eight volumes dated 1873- 1936 that have been microfilmed (S50-S53). Also, there is one volume of bound Applications for Pardons dated 1893-1898 and a one-volume Register of Restoration of Citizenship dated 1911-1971. Commutations of Sentence can be found from 1847-1985 (bulk from 1891) as its own series. Missouri State Archives Page 3 of 336 Finding Aid 5.20 PARDONS PARDONS, 1836-2018 Arrangement: Chronologically by date filed Scope and Content Each pardon file usually includes an application giving details of the offense and personal information about the applicant. Petitions and correspondence evaluate the applicant’s character and health and may describe mitigating factors in the case. Trial transcripts and affidavits and depositions concerning the advisability of clemency may be included. Files may also contain reports and recommendations from the warden, the Prison Board, or the Board of Probation and Parole. For certain pardons in 1980 and from 1993, the file includes only the certificate without any supporting documentation. Gaps in the series are found between 1876 and 1891, between 1852 and 1857, and for the year 1964. A few stray pardons from these years are found in a later addition (Box 164). In the mid-19th century, there are some presidential pardons for prisoners housed in the Missouri penitentiary. Some commutations and at least one extradition can also be found in these papers. Container List Box Folder Date Contents 164 1 22 Aug 1836 Jonathan HELTON 164 2 30 Jan 1837 Robert KILGORE 164 3 4 Feb 1837 Harrison JONES 164 4 28 Aug 1837 William WALKER (Man of Color) 164 5 6 Oct 1837 John JACKSON (Indian) 164 6 30 Oct 1837 George ANDERSON 164 7 30 Oct 1837 Alexander BELL 164 8 9 Dec 1837 Alfred HAWKINS 1 1 18 Dec 1837 Wilson EIDSON 1 2 25 Dec 1837 Benjamin P. MAJOR 1 3 15 Dec 1837 Hyram S. WELLS 1 4 22 Jan 1838 Willis ARMAN 164 9 27 Feb 1838 James RUSSELL John GARRETTY George MANNING 164 10 8 Mar 1838 Jeremiah (Jerrie/Jesse) MASSIE 1 5 17 Jul 1838 James BROWN 1 6 30 Nov 1838 William CAYTON Missouri State Archives Page 4 of 336 Finding Aid 5.20 PARDONS 1 7 27 Jan 1838 Francis M. DILLON 1 8 15 Feb 1838 Henry HORST 1 9 4 May 1838 Edwin HUNTING 1 10 20 Apr 1838 Edgar KEYS 1 11 12 Nov 1838 James LAYMAN 1 12 27 Feb 1838 George MANNING John GARETY James RUSSELL Henry WEST 1 13 26 Apr 1838 James NAP 1 14 19 Feb 1838 Spencer NORTON 164 11 12 Mar 1839 Nathaniel HARLOW 1 15 2 Apr 1838 Hiram S. WELLS 1 16 10 Jul 1839 William O. BLANTON 1 17 10 Jul 1839 Richard FOSTER 1 18 17 Aug 1839 William HILDEBRAND 1 19 15 Oct 1839 Samuel HYMAN 164 12 27 Nov 1839 Frederick EINGLEHART 1 20 16 Feb 1839 MAT, a slave of Thomas Latimer 1 21 6 Feb 1839 William PARKER Hubbard DENNY William MITCHELL 1 22 11 Nov 1839 Elijah POWELL 1 23 23 Sep 1839 John C. REEVES 1 24 23 Sep 1839 Allen WATSON 1 25 12 Jun 1840 John BETHMAN/BATEMAN 1 26 15 May 1840 William GRIZZLE 1 27 5 Nov 1840 Michael KELLY 1 28 27 Mar 1840 (not stated) LOVE 1 29 28 Apr 1840 James Q.McFARLAND Samuel J. M.DAVIS Fredrick L.COLBY Stephen FISHER Missouri State Archives Page 5 of 336 Finding Aid 5.20 PARDONS 1 30 14 Sep 1840 Thomas C. NELSON John BROWN W. S. FARRELL Peter RYAN George ALLEN James UPSHUR Basil APPLEBY 1 31 22 Jul 1840 Edward RICHARDS Julius HAMUEL Charles BARGE H. ROBERTS 1 32 11 Sep 1840 William ROUSE 164 13 15 Sep 1840 Alfred HAWKINS 164 14 15 Sep 1840 Edwin HUNTING 1 33 10 Dec 1841 William H. BERRY 1 34 25 May 1841 Norifelt or Norivelt HART 1 35 22 Nov 1841 Rebecca HAWKINS 1 36 5 Feb 1841 Robert MATLOCK 1 37 29 Nov 1841 John POWERS 1 38 26 Nov 1841 James RUBEY 1 39 1 Dec 1842 John BRASHEARS 1 40 25 Jul 1842 John DUNN 1 41 11 Jun 1842 Ann Aurelia EDDY 1 42 26 Aug 1842 John A.FINLEY 1 43 23 Dec 1842 Alfred GIVENS 1 44 5 Dec 1842 Amos GRIFFITH 1 45 21 Dec 1842 John MOUNCE 1 46 31 Mar 1842 Matthew SMITH 1 47 9 Sep 1842 Nathan H.