CHAPTER XXVIII.

PROPOSED AMNESTY.

There can be no doubt that there was a heavy undercurrent of

popular opinion in favor of the James Boys, generated by a

conviction that they were the victims of cruel and uncalled-for

persecution, brought upon themselves by their adhesion to a cause

which was dear to the hearts of many thousands of the citizens of

Missouri. Their later deeds were forgotten, while their former acts

were remembered with admiration. Though the evidence seemed clear,

which connected the Jameses and Youngers with innumerable daring

robberies, yet many hundreds of good people refused to credit the

reports, and offered their sympathy to the men whom they believed

to be victims of vile slanders and unwarrantable persecutions.

The sympathy openly manifested for the boys came not from the

reckless and vicious elements, but from influential persons

all over the state. As late as 1875, there were thousands of

respectable people in Missouri who had no sympathy with the

movements set on foot by the legal authorities for the apprehension

of the desperadoes, simply because they did not believe them to

be robbers, and that the killing done by them was a justifiable

punishment inflicted on ancient enemies who richly deserved their

fate.

The effect of the raid on the residence of Mrs. Samuels, the mother

of Frank and Jesse James, was to create a diversion in favor of

the boys. The tragedy of that event was of so horrible a nature,

that public sentiment set in strongly against any further attempt

to capture the boys by force. There was a strong sentiment in many

quarters of the state in favor of trying a policy of conciliation

toward the desperadoes. The reasons advanced in favor of this

policy were numerous, and some of them possessed some weight.

It was alleged that the state had already suffered the loss of

considerable sums in pursuing them; that it was extremely doubtful

whether their capture could ever be effected; that in consequence

the good name of the state must be tarnished; that while the

Jameses and Youngers were declared to be, and treated as outlaws,

other bad men would commit crimes and shift the responsibility to

the outlawed men; that the course pursued toward the Jameses and

Youngers was a species of persecution, and finally it was plead

that all this persistent hunting of these men was stimulated by

the animosities of enemies, dating from the war time, and inasmuch

as the United States Government had granted amnesty to its enemies

for acts committed during the continuance of hostilities, that it

was not right the state of Missouri should pursue with vindictive

persecution any of its citizens for acts committed during the war,

and their friends contended that the outlawry of these men grew out

of their course in the period between 1861 and 1865.

These views and opinions in respect to the Jameses and Youngers

assumed a formal shape in the early part of March, 1875, by the

introduction in the Legislature of Missouri by the late General

Jeff. Jones, then a member of the House of Representatives from

Callaway county, of a bill, or preambles and resolution, offering

amnesty for all past offenses to Jesse W. James, Thomas Coleman

Younger, Frank James, Robert Younger and James Younger, on the

condition that they should return to their homes and quietly submit

to such proceedings as might be instituted against them for acts

alleged to have been committed by them since the war.

The preambles and resolution offered by General Jones received

the approval of Attorney-General John A. Hockaday, and of many

other lawyers of acknowledged ability. General Jones supported the

measure with great zeal and earnestness, and no little ability and

eloquence.

As this measure was one of great importance to the subjects of this

volume, we deem it necessary to give the essential parts of the

document, as follows:

WHEREAS, By the 4th section of the 11th Article of the

Constitution of Missouri, all persons in the military service

of the United States, or who acted under the authority thereof

in this state, are relieved from all civil liability and all

criminal punishment for all acts done by them since the 1st day

of January, A. D., 1861; and,

WHEREAS, By the 12th section of the said 11th Article of said

Constitution, provision is made by which, under certain

circumstances, may be seized, transported to, indicted, tried

and punished in distant counties, any Confederate under ban of

despotic displeasure, thereby contravening the Constitution of

the United Slates and every principle of enlightened humanity;

and,

WHEREAS, Such discrimination evinces a want of manly generosity

and statesmanship on the part of the party imposing, and of

courage and manhood on the part of the party submitting tamely

thereto; and,

WHEREAS, Under the outlawry pronounced against Jesse W. James,

Frank James, Coleman Younger, Robert Younger and others, who

gallantly periled their lives and their all in the defense of

their principles, they are of necessity made desperate, driven

as they are from the fields of honest industry, from their

friends, their families, their homes and their country, they

can know no law but the law of self-preservation, nor can have

no respect for and feel no allegiance to a government which

forces them to the very acts it professes to deprecate, and

then offers a bounty for their apprehension, and arms foreign

mercenaries with power to capture and kill them; and,

WHEREAS, Believing these men too brave to be mean, too generous

to be revengeful, and too gallant and honorable to betray a

friend or break a promise; and believing further that most,

if not all the offences with which they are charged have been

committed by others, and perhaps by those pretending to hunt

them, or by their confederates; that their names are and have

been used to divert suspicion from and thereby relieve the

actual perpetrators; that the return of these men to their

homes and friends would have the effect of greatly lessening

crime in our state by turning public attention to the real

criminals, and that common justice, sound policy and true

statesmanship alike demand that amnesty should be extended to

all alike of both parties for all acts done or charged to have

been done during the war; therefore, be it

_Resolved by the House of Representatives, the Senate

concurring therein_:

That the Governor of the State be, and he is hereby requested

to issue his proclamation notifying the said Jesse W. James,

Frank James, Coleman Younger, Robert Younger and James Younger,

and others, that full and complete amnesty and pardon will be

granted them for all acts charged or committed by them during

the late civil war, and inviting them peaceably to return

to their respective homes in this state and there quietly

to remain, submitting themselves to such proceedings as may

be instituted against them by the courts for all offenses

charged to have been committed since said war, promising and

guaranteeing to them and each of them full protection and a

fair trial therein, and that full protection shall be given

them from the time of their entrance into the state and his

notice thereof under said proclamation and invitation.

The above bill was introduced about the first of March, 1875, and

was referred to the Committee on Criminal Jurisprudence, of which

its author was a leading member. The bill was fully discussed in

committee, and finally, through the influence of its author, a

majority of the committee agreed to make a favorable report on

the measure to the House of Representatives. Sometime towards the

close of the session of the 28th General Assembly, the bill came up

for its third reading in the House. General Jones made an earnest

speech in advocacy of the measure. A member aroused a strong

opposition to the measure from the very side of the house from

which General Jones had hoped to obtain assistance in carrying it

through. The member simply read a portion of a message transmitted

by Governor Silas Woodson to the 27th General Assembly denouncing

these same outlaws; and the Democratic Legislature of Missouri

refused to pass the bill. Thus the stigma of outlawry remained upon

them, and their hands were turned against every man.

Life and adventures of Frank and Jesse James, the noted western outlaws · 第 28 / 52 章