Why Governor Lew Wallace Refused to Pardon Billy the Kid

The infamous story of Billy the Kid, one of the most notorious outlaws in American history, is shrouded in debate and controversy. One key question that often surfaces is whether Governor Lew Wallace, who served as the Governor of New Mexico Territory, had the power to grant a pardon to Billy the Kid. This article delves into the complexities and historical context surrounding this issue.

The Background of Billy the Kid

Billy the Kid, born Henry McCarty (later William H. Bonney), was a notorious figure who gained notoriety for his involvement in cattle rustling, bank robberies, and gunfights. Despite his criminal activities, many believed that he was a misunderstood young man and wished for someone—the governor—to either protect him or grant him a pardon, leading to the question raised about Governor Lew Wallace.

The Role of Governor Lew Wallace

During the time period of Billy the Kid's activities, Governor Lew Wallace, who served from 1878 to 1880, was a significant figure. However, notable historical records indicate that Wallace's interest in Billy the Kid dwindled as he focused on other pursuits, including writing his famous novel, Ben-Hur. Despite this, there is a myth perpetuated that he had the power and inclination to grant a pardon to the notorious outlaw.

The Legal Hurdles

The answer to the question of whether Governor Lew Wallace could have pardoned Billy the Kid lies in the legal framework of the time. Billy the Kid was active and involved in criminal activities prior to New Mexico being admitted as a state in 1912. During this period, Billy the Kid's crimes were classified as federal offenses, making them beyond the jurisdiction of the governor of the New Mexico Territory. Hence, a pardon could only have been granted by the federal government.

Historical Relevance and Context

It is crucial to understand the historical context. When Governor Lew Wallace was in office, New Mexico was still a territory, and the federal government had the ultimate authority over pardon and other legal matters regarding crimes committed during that time. By 1912, New Mexico had achieved statehood, and the laws and powers had shifted accordingly. Therefore, the question of a pardon during Governor Wallace's tenure, while valid in the popular imagination and folklore, was legally impossible according to the contemporary rules and regulations.

Conclusion

The myth of Governor Lew Wallace and his potential role in pardoning Billy the Kid highlights the complex and often misunderstood relationship between legal authority and historical figures. The real answer to the question lies in the federal jurisdiction and the state of New Mexico's legal status at the time. Nonetheless, this discussion adds a fascinating layer to the story of one of the most iconic outlaws in American history, Billy the Kid.

Related Keywords

Billy the Kid, Governor Lew Wallace, Pardon, Outlaw, New Mexico

FAQs

Q: Did Governor Lew Wallace have the power to pardon Billy the Kid?
A: No, the powers of the governor at that time were limited to the New Mexico Territory. Since Billy the Kid's crimes were federal offenses, a pardon would only be granted by the federal government.

Q: Why did Governor Lew Wallace lose interest in Billy the Kid?
A: Historical records suggest that Governor Wallace became more focused on writing his novel Ben-Hur and lost interest in the affairs of the territory, including the pursuit and punishment of outlaws like Billy the Kid.

Q: When did New Mexico gain statehood?
A: New Mexico achieved statehood on January 6, 1912, which is a crucial date in understanding the legal context of the pardon discussions.