The Pardon of Henry L. Stone

After the end of the Civil War, many veterans were returning home. Under the terms of surrender for the Army of Northern Virginia at Appomattox Court House on April 10, 1865, General Ulysses S. Grant stipulated that "each officer and man will be allowed to return to his home, not to be disturbed by United States authority so long as they observe their paroles and the laws in force where they may reside". 

On May 5 the parole was extended so that soldiers from the eleven Confederate states, plus West Virginia, would be allowed to return home on their paroles. This did not include Confederates who claimed homes in the District of Columbia and in States that never passed the Ordinance of Secession, such as Maryland, Kentucky and Missouri, who "have forfeited them and can only return thereto by complying with the Amnesty Proclamation of the president and obtaining special permission from the War Department."

Source: Library of Congress (link)

On May 29, 1865, Andrew Johnson issued an Amnesty Proclamation that extended to all Confederates and included the restoration of all rights of property, with the exception of slaves. The only condition required was taking of the oath of allegiance. 

However, 14 classes of persons were still excluded from the benefits of the proclamation who had to make special application to the President of the United States for pardon and were required to take the oath of allegiance. By June 5, 1866, 12,652 pardons were issued but those granted in Kentucky under Johnson's exemptions numbered only 11. This included the pardon for Henry L. Stone.

Henry L. Stone, ca. 1906

Henry Lane Stone was born in Bath County, Kentucky, on January 17, 1842, to Samuel and Sallie (Lane) Stone. His father Samuel Stone served Kentucky and its people in many capacities, including in the Kentucky state militia (1816–1846), as Bath County state representative (1824–1836), and as magistrate and then sheriff in Bath County (1823–1841). In 1851, the family removed to Indiana. Henry L. Stone attended Kentucky and Indiana public schools and later studied law. 

When the Civil War erupted, the Stone family was politically divided. Henry's mother and his two brothers Valentine H. Stone and Richard French Stone supported the Union while Samuel and Henry favored the Confederacy. In 1862, Henry L. Stone left his home in Indiana and joined the Ninth Kentucky Cavalry (CS). At the end of the war, Henry was ready to settle down and move on with his life. 

As he did not meet all the criteria for a general pardon, he made special application to President Andrew Johnson on September 26, 1865. What follows is a transcript of his application. 

Hon. Andrew Johnson

          President of the U.S.: 

                              Sir, 

                                  Being

one of that class, excepted in your proclamation of amnesty, who left their homes within the jurisdiction and prosecution of the United States and went beyond their military lines, to aid the Rebellion, I hereby most respectfully present you a petition for pardon. The following is a full and true statement of the circumstances of my case. 

I left Greencastle, Indiana, my home at the time, on the 18th of Sept., 1862, with the design of joining Gen. Bragg's forces, who were then occupying the State of Kentucky; passed Cincinnati, O., when it was under martial law; tried to procure a pass there from the Provost Marshal, but failed; walked up the Ohio River, twenty miles; took a boat for Augusta, Ky.; from the latter point I went on foot to Cynthiana, Ky., where I found a force of Confederate cavalry; I here took an oath not to reveal any information to the U.S. authorities; by so doing received a pass to go to Mt. Sterling; from hence I went to Sharpsburg, in Bath Co. Ky., where on the 7th of Oct., 1862, I was enlisted, by Geo. M. Coleman, a Confederate Capt. of Cav., into the Confederate States Army. On the 10th of Nov., 1862, I was with the rest of my command at Knoxville, Tenn., mustered into the service, under Gen. John H. Morgan; I was a Sergeant Major of the 2nd Battalion, Maj. Robert G. Stoner, commanding, in Gen. Morgan's Brigade of Cav. for four months; at the expiration of this time, my Bat. and the 1st Bat. in said Brig., were consolidated, making a Reg., known afterwards as the 9th Ky. Cav. and I was appointed an Ordinance Sergt. in said Reg.; this position I held till I was captured by the U.S. forces at Buffington Island, O., on the 19th of July, 1863. I was placed as a prisoner in Camp Morton, on the 21st of July, 1863; was confined there one month; was then taken to Camp Douglas; escaped from that prison and was recaptured, on the 20th of Aug, 1863; was turned into said prison again; escaped finally, on the 16th of Oct., 1863; made my way to Ky. on the route to rejoin the Confederate Army; was captured and released, near Cynthiana, Ky., having successfully passed myself of as a citizen of Indiana; on the 15th of Nov., 1863, was again re-captured, near Sharpsburg, Bath Co., Ky.; was placed in confinement in the jail-dungeon, at Mt. Sterling, Ky., for nineteen days, when I was started under guard to Lexington, Ky., via Winchester; at the latter place, I again escaped the U.S. authorities, making my fourth escape; finding no means of getting South, I went to Canada; staid there from the 4th of Dec., 1863, to the 20th of Apr., 1864; when I left Canada, to go to the Confederacy; arrived in Ky.; remained in that State six weeks, when I took up my journey South, through Eastern Ky.; reported to Gen. John H. Morgan, at Abingdon, Va., on the 28th of June, 1864; continued in his command till his death, on the 4th of Sept., 1864; then was in Gen. B. W. Duke's Brig. till the 2d of Oct. following, at which time I re-joined the 9th Ky. Cav. as a private soldier; in which capacity I served in Gen. John S. Williams's Brig., Gen. Wheeler's Corps, Gen. J. E. Johnston's Dept., till the 9th of May, 1865; when I surrendered(under my Dept. General's order of surrender), at Augusta, Ga., to the U. S. forces then and there stationed in command of Brevet. Brig. Gen. Upton; received a parole from W. W. Woods, Gen. Upton's A.A. G. and Maj. of the 4th Iowa Cav; on this parole I returned to Ky., where I have remained since my arrival, abiding by the laws of the land., and strictly observing the provisions of my parole.

There are no circumstances, which you, Sir, would consider mitigating, except those which exist in the composition of my nature, or result from my early political training. Being born and raised in the State of Kentucky, I naturally clung to her as the home of my childhood, "my own, my native land." I considered her one of the Rebellion States, when the Confederate forces pitched their tents upon her Blue Grass pastures; I was carried off into the rebellious ranks by a spirit of enthusiasm; the name of John Morgan, and the accounts of his dashing exploits as a Cavalry Chief did much to entice me from the notorious life of a law student in Greencastle, Indiana; I longed to play a part in the great national contest; I did not wish to sit idle by, and let the greatest war of modern ages pass away upon the records of history, without indulging my military aspirations; I did not assist the authorities of the U.S. is perhaps owing to an inborn prejudice in favor of the South and her institutions. My present condition is: exile from a happy home, and the best parents; alone in the world, with an empty purse; and nothing to depend upon in future but my own exertions. Your pardon, Sir, would greatly alleviate my situation.

With hope that my application may meet with approval at your hands, I am, Most Honored Sir, your humble St.

Henry L. Stone

Bath Co. KY.,

Sep. 25th, 1865.

Stone's required oath of allegiance accompanied the application.

Letter by US Senator and former Indiana governor, H. S. Lane,
endorsing his nephew's application for pardon

Stone was granted a pardon on December 9, 1865. In 1866, he began practicing law in Owingsville, Kentucky and served in several firms throughout the state before becoming city attorney of Louisville, Kentucky, in 1896. In 1905, he became general council of the Louisville and Nashville Railroad and served in this position until 1921. His wife was Pamela Lane Boune, with whom he had a daughter and a son. Stone died on May 31, 1922, in Louisville. 

Links of Interest

Henry L. Stone Civil War diary - Kentucky Historical Society

"Morgan's Men:" A Narrative of Personal Experiences, by Henry L. Stone

Morgan's Men Escape from Prison, by Henry L. Stone - Confederate Veteran, Vol. 14, No. 4 (April 1906), p. 188-191

Lane–Elston Family Papers, 1775–1936, box 3, folder 13 - Indiana Historical Society

Hoosier Confederate: The Civil War Experiences of Henry Lane Stone from Putnam County - INDepth Stories, Indiana Historical Society

Even Cataloging a Bandana Leads to Exciting Discoveries. - The Kentucky Historical Society Chronicle, Summer/Fall 2012, p. 6

Henry Lane Stone - Find A Grave Memorial page

Transcribed and researched by Marlitta H. Perkins, March 2022. Copyright © 2022, All Rights Reserved.

Civil War in Bath County from a Civilian Perspective - Mary E. Sudduth's letter to General Quincy A. Gilmore

On January 28, 1863, 150 men from Humphrey Marshall's command descended upon Olympian Springs (aka Mudlick Springs) and surrounded the house of Hiram Jenkins. The main perpetrator Thomas Greenwade, who was actively recruiting a company for Marshall's command, had an on-going conflict with Jenkins which he intended to settle that night. Greenwade killed Jenkins and mortally wounded his son. He also killed 19 year old Thomas Yarber, a paroled soldier of the 2nd OVI who had the misfortune to be at Jenkins' house that night. His parents Randolph and Annie Yarber lived near Olympian Springs.

Prompted by these murders, Mary Ellen Sudduth, the widow of Major James Sudduth of Bath County whose husband had been killed in a similar fashion just three months earlier, wrote a letter to Brig. General Quincy A. Gilmore, pleading for protection from the incursions of the Confederates. Gilmore was division commander of  the Army of Kentucky under Major General Gordon Granger.

Owingsville Jan 30th 1863

Brigadier Genl Gilmore

                    Sir 

                        Although a perfect stranger to you I take the Liberty of addressing a few lines to you to let you know the the fix (sic) the Union Men are in in this Section of Country. Day before yesterday there was a Party of a bout (sic) 150 come to the Neighborhood of Mudlick Springs and surrounded the House of a good and true Union man Mr Jenkins (and suppose you there are not many of that kind here but what there is have to suffer many inconveniences) knocked at his Door and as he opened it shot him down and Thomas Greenwade one of the most notorious characters run up to him and stabbed him through his heart in the presence of his family. There was his Son and another Gentleman in the house they shot his son twice one shot going through his Neck and the Other through his Arm near the Shoulder breaking his Arm all to pieces. Mr Yarber attempted to get out of the Way by running they shot him and as soon as he fell they stabbed him to the heart his Son was not dead last Night but it was said to be impossible for him to live. They chased a Union Man living near the town who made his escape only by outriding them and swimming Slate Creek who came to town and let the Union Men know so as to get out of the way which they did and some of the Rebels here gave them notice that they were all gone which prevented them from coming to town. 

It is the case constantly now that the good Union Men by these I mean those that have used the last exertion to crush the Rebellion in any way have to have their homes every Week to keep out of the way of them and indeed I do not consider that the loyal Females are at all safe under such circumstances. We have the worst set of Rebels here I know there has been a good many Arrests made and nearly every Man sent back Although they have been in the Confederate Army and are now entertaining Squads of Rebels as they pass in from the Army. 

On the 18th of October they surrounded the house where my Husband had staid all Night and Murdered him in the most Brutal and cruel Manner. He had been absent from home 8 Weeks with a good many neighbors who returned on the 16 of Oct and the Evening after he returned he went to Licking for the purpose of establishing a Camp to recruit Men to defend this Section and on his way home staid all night with a friend and before 7 oclock in the Morning he was Murdered by a Detachment of Camerons Cavalry under Command of Col Triggs. They were camped at Tictown a distance of 20 Miles from here when the Union Men came from Maysville but they knew nothing of it. - and the Rebel Citizens here sent for them to come writing to Triggs as he said that there had 400 Men come under the Command of my lamented Husband Maj Sudduth that they were well armed and he could get them all and their Arms. I think if some of the Citizens here were made to suffer we could be more quiet and live in some peace. They were so eager for my Husband that they detached a Company to go out on Licking for him but he had left there before they arrived and they followed on and another Party went out of town and met at the House. He was informed by a little boy of the House that there were some Soldiers coming but not knowing there were any Rebels in the County he went out of the house expecting to see some of his own Men. Seeing he was completely overpowered he surrendered to them when one fired and broke his leg all to pieces & at the same Moment another fired and struck his hip inflicting a terrible wound and then a third fired but the ball missed him. In that condition he raised to his Elbow and Shot the Man who broke his leg killing him just as he was in the act of shooting him again. Then a fellow named Jardus caught him by the Throat and choked him till Miller put a Pistol to his head and shot him Threatening to shoot the Ladies about the house if they interfered. You therefore see what I have had to suffer from them. 

Maj Sudduth was an uncompromising Union Man and has done many things in his power to keep the Rebels out of this part of the State. He went as a private with Genl Nelson and Col Cranor & Letcher to Piketon and Middle Creek guiding the Armies through the Mountains bearing his own expenses and receiving no pay from the Government. There is a Man in our town who said that the Rebels would hurt no one here but Maj. Sudduth and he would have to die or be taken Prisoner, this can be proven by two respectable Gentlemen, would it not be sufficient to have him arrested for and sent off. Jenkins was a poor Man and has left a large family. It seems hard that the loyal people should suffer so much and the Rebels permitted to return to and from the Confederate Army at leisure and boast that there will be nothing done with them. Cant you do something for us in the way of sending us some troops to clean out the Mountains. 

Greenwade says there are several men in Owingsville he intends to kill, and sent the Sheriff and if he attempted to ride East of Owingsville he would kill him. Genl Granger offered $1000 for the Murderers of Maj Sudduth and Jenkins was very vigilant intending to get them if it was possible for which he has lost his life. An answer to this will be most kindly received hoping that you will remove some of the Rebels from among us.

Hoping to hear from you soon I am most

Respectfully your Friend

Mary E. Sudduth

Refer you to Col. Warren who knows my

Husband and myself.

Mary Ellen Sudduth letter to Gen. Gilmore

Unfortunately, on February 1, 1863, the Confederates returned to Bath County and  descended upon Owingsville with a force of 250 men.  John Miller, the Jailer of Bath county, was barely able to escape and fled to Mt. Sterling. He then went to Lexington and gave an account of the incident to the local newspaper.

HUMPHREY MARSAHLL'S DOINGS IN NORTH-EASTERN KENTUCKY.—We have stated heretofore that several of the counties of Northeastern Kentucky were overrun by rebel guerillas. Mr. John Miller, the Jailer of Bath county, Ky., arrived in Lexington on Friday. He informs the Observer and Reporter that great trouble and suffering exists in Owingsville and vicinity, owing to the depredations which in the last week or so have been perpetrated by Humphrey Marshall's command. Their camp is but twenty-one miles from Owingsville, in the mountains, and whenever their necessities require it, they make a descent upon the town and vicinity—supply themselves with such articles as they want, so far as they can be found, and return. Mr. Miller states that about two hundred and fifty of these men entered Owingsville at a late hour on Sunday night, the 1st inst., stripped two boot and shoe stores completely—even taking baby shoes—then entered a dry goods house, from which they took all the cotton cloth, women's shoes, and other articles. They then gathered all the quilts in the neighborhood and all the sacks that could be found for the purpose of carrying off their plunder. They also took about one hundred of the best horses in the vicinity. 

These bands are growing worse and more savage in their deportment daily; and it is now almost impossible for a Union man to live in Owingsville or vicinity. About the first of last week they murdered three men, two by the name of Jenkins—father and son —and a paroled soldier of the Second Ohio regiment by the name of Yarber. After shooting these men, to make sure of their death they stabbed them through the body with bowie knives. 

Nearly all the Union men of Owingsville have had to fly for safety. Mr. Miller left himself, barefooted, with others, on a cold night, in the same condition, and in consequence had his feet frosted. He left a number of the refugees at Mount Sterling. The guerillas had a few days since a son of Colonel Sudduth who was recently brutally murdered, as a captive, but luckily he made his escape. Mr. Gill, the proprietor of the Olympian Springs, had to fly for his life. 

The robberies perpetrated by the guerillas so far have been confined to Union men. He thinks if a small force could be sent to Olympian Springs these marauders could be checked or kept back in their mountain passes. So many men have joined the army from that section of the country that there are not now enough left to form a Home Guard that would be of any service. 

Continued Reading

The Life and Death of James L. Sudduth

Researched, compiled and written by Marlitta H. Perkins, January 2022. This specific article is under full copyright. Copyright © 2022, All Rights Reserved.

Flemingsburg Welcomes the 33rd OVI, October 16, 1861

 At the beginning of October 1861, General William "Bull" Nelson began assembling troops at the newly established Camp Kenton in Mason County, near Maysville, Kentucky. His objective was to move against the Confederates who were assembling in a camp near Prestonsburg, Floyd County, Kentucky. Nelson left Camp Kenton on October 16, 1861, to join up with additional troops and consolidate his force at Olympian Springs. Accompanying Nelson was the 33rd OVI from Portsmouth, Ohio, commanded by Colonel Joshua W. Sill. 

Colonel Joshua W. Sill, 33d OVI

The following letter was published in the Cincinnati Daily Commercial, October 21, 1861.

FROM THE THIRTY-THIRD OHIO REGIMENT.

How Well the Ohio Soldiers are Received by the Union Men of Kentucky.

Flemingsburg, KY., Oct. 17, 1861.

EDS. COM.: - We left the Fair Ground where we had been since Monday night, near Maysville, yesterday at 3 P. M. , and arrived here at 8; and such a welcome awaited us as no soldiers ever had before. God bless the people of Flemingsburg! The whole town turned out to greet us - houses illuminated, handkerchiefs waving, voices cheering - a perfect ovation. The ladies prepared a supper for us with their own fair hands, and waited on us in every possible way to make us comfortable and glad. We not only had the substantials in the way of eatables, but delicacies of every kind - fruit, sweetmeats, cakes, &c.

Talk about Union people in Ohio, the Kentuckians beat us all. We have seen nothing like this since we have been in the service, and many of us are three months men, re-enlisted, and have been on duty in Virginia, Eastern and Western.

No wonder "Secesh" wanted to hold such a State, and no wonder that we have resolved at any cost to sustain such a loyal and generous people.

In the morning we received the same care and attention. The ladies vied with each other in bestowing upon us their smiles, and what some of us perhaps liked equally well their hot coffee, rolls, beefsteaks, broiled and friend chicken, &c., &.

Wasn't this some for soldiers? Who wouldn't enlist to defend such homes as these? This is much nicer of a town than I had supposed; has an air of comfort as well as business; and the country hence to Maysville is certainly the finest I have yet seen. I tell you it was a nice sight to see those beautiful ladies going to and fro like ministering angels, as they are - mothers and daughters - even the children - with their refreshments to our jaded boys. One such welcome and scene as this, will repay countless privations that may await us. Every door was thrown open to us; every hand was open to receive and welcome us. Can such a people perish? Never, never!

We leave for Mt. Sterling in a few moments; our gallant Col. Sill having just received orders to march there instead of "Olympian Springs," as we had supposed. We leave behind us here four of our men sick; they will be in good hands.

If anything of special interest turns up, I will try in my feeble way to advise you.

It has been raining in torrents all the morning, and still continues.

33d SCRIBE.

Before their departure from Flemingsburg, the 33rd OVI addressed the citizens of Flemingsburg and vicinity, thanking them for the hospitality shown to them.  It was published in the Fleming Star and re-printed in the Louisville Courier Journal, October 31, 1861.

(From the Fleming Star).

TO THE CITIZENS OF FLEMINGSBURG AND VICINITY.

The undersigned officers of the Thirty-third Regiment Ohio Volunteers United States Army, take this means of expressing their heartfelt thanks to you for the warm and enthusiastic reception that the regiment has met at your hands. They have often heard of the hospitality and loyalty of Kentucky; but war had wrought such changes amongst our countrymen that it was feared that the first march of a regiment of Ohioans would be viewed with distrust by her citizens. But our reception last evening, and the substantial cheer our soldiers received at the hands of your fair ladies, have dissipated all such fears, and we now feel that we are fighting not only for a great principle, but by the side of those who properly appreciate our motives, and who will not let us suffer for sympathy. A heart-warm adieu! 

(Signed)  J. W. SILL. Col. 33d O. V.

               O. F. MOORE, Lieut. Col.

               J. V. ROBINSON, Jr. Maj.

               E. E. COLBURN, Qr. Master

               J. M. KENDRICK, Adj.

               J. D. MUBRY  }

               A. J. PHELPS } Med. Staff

October 17, 1861

Counties of Mason, Fleming, Bath and Montgomery
Lloyd's Official Map of Kentucky, 1862
Library of Congress

Additional Sources

33rd Ohio Infantry, Ohio in the Civil War, compiled by Larry Stevens

Joshua W. Sill Biography

For a detailed look at General William "Bull" Nelson's 1861 Eastern Kentucky Campaign

The Most Brilliant Little Victory, by Marlitta H. Perkins (epub)

The Most Brilliant Little Victory, by Marlitta H. Perkins (print)

Transcribed by Marlitta H. Perkins, December 2021. 
Marlitta H. Perkins © 2021. All Rights Reserved