Asa Bird Gardiner
Encyclopedia
Asa Bird Gardiner was a controversial American soldier, attorney, and prosecutor. He received the Medal of Honor
for his service in the American Civil War
in 1872, it was rescinded when the supporting documentation was not found. As a Judge Advocate General
in the United States Army
, he prosecuted the case of Johnson Chesnut Whittaker
, a black cadet at West Point. He was elected New York County District Attorney
in 1897, but was put on trial for corruption, and despite acquittal, was removed from office by Theodore Roosevelt
in 1900. He refused to prosecute the corrupt Tammany Hall
bosses of New York City, proclaiming "The hell with reform!" (or "Reform be damned!").
, where his father and uncle were barkeepers. His father later ran the Philadelphia Hotel.
He graduated A.B.
from City College
and LL.B.
from New York University School of Law
in 1860. He was admitted to the New York City Bar Association and began private practice as an attorney.
in the 31st New York Infantry Regiment on May 27, 1861, at the outbreak of the American Civil War
. He was mustered out of service on August 7, 1861 and was commissioned a captain in the 22nd New York on May 31, 1862, and was honorably mustered out on September 5, 1862. He was again commissioned a captain in the same regiment on June 18, 1863, and was again mustered out on July 24, 1863. During that time he served in the Gettysburg Campaign
and received the Medal of Honor
on September 23, 1872, for "distinguished service performed during the war while serving as Captain 22nd New York State Militia".
Later in the war, Gardiner was commissioned a first lieutenant
in the Veterans Reserve Corps on February 11, 1865, and served as regimental adjutant until he was honorably mustered out of service on August 13, 1866. Gardiner was brevet
ted a captain on March 13, 1865, for "gallant and meritorious service during the war".
of the 9th Infantry Regiment of the Regular Army and was promoted to first lieutenant
on February 14, 1868. He transferred to the 1st Artillery Regiment on April 3, 1869. Gardiner was promoted to the rank of major
on August 18, 1873, and served as a Judge Advocate for 15 years until he retired from the Army on December 8, 1888.
Gardiner served from 1874 to 1878 as Professor of Law at the United States Military Academy
at West Point
. By Act of Congress, the Academy established a Department of Law in 1874, with a senior Judge Advocate General as its first Professor of Law. U.S. Secretary of War William W. Belknap
appointed Gardiner to the post, and he became the first lawyer to teach law at the Academy. Gardiner initiated the entire law curriculum, including study of the Lieber Code
and a textbook he himself wrote.
to be the presiding judge advocate general at the Whiskey Ring
court-martial of Gen. Orville E. Babcock
, Grant's personal secretary. The civilian grand jury
that had already convened refused to turn over its evidence, however, and the court-martial adjourned; Babcock was later acquitted.
In 1878, a commission reviewed the court-martial of Fitz John Porter
, who had been drummed out of the Army in 1863 for his actions at Second Bull Run. Chairman John M. Schofield appointed Gardiner as Recorder, but he "took upon himself the role of a judge advocate in a court-martial," contesting evidence favorable to Porter. The Commission ultimately re-instated Porter.
In 1880, the sole black cadet at West Point, Johnson Chesnut Whittaker
, was allegedly assaulted by three fellow cadets, but the white commanders at the Academy decided in an inquest that he had faked the attack. After a year of public outcry including the attention of the United States Congress
, Whittaker was court-martial
ed, with Gardiner as prosecutor. The result was Whittaker's expulsion. The verdict was overturned in 1883 by President Arthur; Whittaker was still expelled from West Point on the grounds of failing an exam. In 1995 President Clinton presented a commission to Whittaker relatives.
In 1884, Gardiner was selected for another high-profile prosecution, that of his superior, Brig. Gen. David Swainn, the Judge Advocate General of the Army; Swainn was convicted.
and became active in the Tammany Hall
political machine, the major faction of the New York City Democrats. A history of the society calls him a "simon-pure Democrat" who followed his father and grandfather's participation in the Tammany Society, where in 1901 he was elected a sachem
.
In November 1897, Gardiner was elected on the Democratic ticket New York County District Attorney
, and took office on January 1, 1898, together with the first elected officers of the Consolidated City of New York. Gardiner said, "Reform be damned" when confronted with calls to confront the corruption of Tammany Hall. In December 1900, Governor Theodore Roosevelt
removed Gardiner from office.
Among the beneficiaries of Gardiner's attitude was saloonkeeper Frank J. Farrell
, who is said to have opened three hundred pool hall
s (in reality fronts for bookmaker
s) after his friend took office, building a fortune that he would use to bring the New York Yankees
to town.
In 1916, the U.S. Army revoked his Medal of Honor on the grounds that there was insufficient evidence of his heroism. Gardiner refused to return his medal and was controversial until the day he died in 1919.
Gardiner was active in numerous military and hereditary societies including the Society of the Cincinnati
, the Military Order of the Loyal Legion of the United States
, the Sons of the Revolution, the Veteran Corps of Artillery of the State of New York
and the General Society of the War of 1812. In the Society of the Cincinnati he served as the President of the Rhode Island Society and as General Secretary of the National Society for many years.
suffered the previous Saturday afternoon.
Medal of Honor
The Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed by the President, in the name of Congress, upon members of the United States Armed Forces who distinguish themselves through "conspicuous gallantry and intrepidity at the risk of his or her...
for his service in the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
in 1872, it was rescinded when the supporting documentation was not found. As a Judge Advocate General
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, he prosecuted the case of Johnson Chesnut Whittaker
Johnson Chesnut Whittaker
Johnson Chesnut Whittaker was one of the first black men to win an appointment to the United States Military Academy at West Point. When at the academy, he was brutally assaulted and then expelled after being falsely accused and convicted of faking the incident...
, a black cadet at West Point. He was elected New York County District Attorney
New York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
in 1897, but was put on trial for corruption, and despite acquittal, was removed from office by Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
in 1900. He refused to prosecute the corrupt Tammany Hall
Tammany Hall
Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society...
bosses of New York City, proclaiming "The hell with reform!" (or "Reform be damned!").
Early years
He was born on September 30, 1839 as Asa Bird Gardner without the "i", he added the "i" in 1884. in New York City. He was born in Fraunces TavernFraunces Tavern
Fraunces Tavern is a tavern, restaurant and museum housed in a conjectural reconstruction of a building that played a prominent role in pre-Revolution and American Revolution history. The building, located at 54 Pearl Street at the corner of Broad Street, has been owned by Sons of the Revolution in...
, where his father and uncle were barkeepers. His father later ran the Philadelphia Hotel.
He graduated A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from City College
City College of New York
The City College of the City University of New York is a senior college of the City University of New York , in New York City. It is also the oldest of the City University's twenty-three institutions of higher learning...
and LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
from New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
in 1860. He was admitted to the New York City Bar Association and began private practice as an attorney.
Civil War service
He was commissioned a first lieutenantFirst Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
in the 31st New York Infantry Regiment on May 27, 1861, at the outbreak of the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. He was mustered out of service on August 7, 1861 and was commissioned a captain in the 22nd New York on May 31, 1862, and was honorably mustered out on September 5, 1862. He was again commissioned a captain in the same regiment on June 18, 1863, and was again mustered out on July 24, 1863. During that time he served in the Gettysburg Campaign
Gettysburg Campaign
The Gettysburg Campaign was a series of battles fought in June and July 1863, during the American Civil War. After his victory in the Battle of Chancellorsville, Confederate General Robert E. Lee's Army of Northern Virginia moved north for offensive operations in Maryland and Pennsylvania. The...
and received the Medal of Honor
Medal of Honor
The Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed by the President, in the name of Congress, upon members of the United States Armed Forces who distinguish themselves through "conspicuous gallantry and intrepidity at the risk of his or her...
on September 23, 1872, for "distinguished service performed during the war while serving as Captain 22nd New York State Militia".
Later in the war, Gardiner was commissioned a first lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
in the Veterans Reserve Corps on February 11, 1865, and served as regimental adjutant until he was honorably mustered out of service on August 13, 1866. Gardiner was brevet
Brevet (military)
In many of the world's military establishments, brevet referred to a warrant authorizing a commissioned officer to hold a higher rank temporarily, but usually without receiving the pay of that higher rank except when actually serving in that role. An officer so promoted may be referred to as being...
ted a captain on March 13, 1865, for "gallant and meritorious service during the war".
Judge Advocate and West Point
After the end of the Civil War, Gardiner was commissioned a second lieutenantSecond Lieutenant
Second lieutenant is a junior commissioned officer military rank in many armed forces.- United Kingdom and Commonwealth :The rank second lieutenant was introduced throughout the British Army in 1871 to replace the rank of ensign , although it had long been used in the Royal Artillery, Royal...
of the 9th Infantry Regiment of the Regular Army and was promoted to first lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
on February 14, 1868. He transferred to the 1st Artillery Regiment on April 3, 1869. Gardiner was promoted to the rank of major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
on August 18, 1873, and served as a Judge Advocate for 15 years until he retired from the Army on December 8, 1888.
Gardiner served from 1874 to 1878 as Professor of Law at the United States Military Academy
United States Military Academy
The United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
at West Point
West Point, New York
West Point is a federal military reservation established by President of the United States Thomas Jefferson in 1802. It is a census-designated place located in Town of Highlands in Orange County, New York, United States. The population was 7,138 at the 2000 census...
. By Act of Congress, the Academy established a Department of Law in 1874, with a senior Judge Advocate General as its first Professor of Law. U.S. Secretary of War William W. Belknap
William W. Belknap
William Worth Belknap was a United States Army general, government administrator, and United States Secretary of War. He was the only Cabinet secretary ever to have been impeached by the United States House of Representatives.-Birth and early years:Born in Newburgh, New York to career soldier...
appointed Gardiner to the post, and he became the first lawyer to teach law at the Academy. Gardiner initiated the entire law curriculum, including study of the Lieber Code
Lieber Code
The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order № 100, or Lieber Instructions, was an instruction signed by President Abraham Lincoln to the Union Forces of the United States during the American Civil War...
and a textbook he himself wrote.
Notable courts-martial
In 1875, while still at West Point, Gardiner was chosen by President Ulysses S. GrantUlysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
to be the presiding judge advocate general at the Whiskey Ring
Whiskey Ring
In the United States, the Whiskey Ring was a scandal, exposed in 1875, involving diversion of tax revenues in a conspiracy among government agents, politicians, whiskey distillers, and distributors. The Whiskey Ring began in St...
court-martial of Gen. Orville E. Babcock
Orville E. Babcock
Orville Elias Babcock was an American Civil War General in the Union Army. Immediately upon graduating third in his class as United States Military Academy in 1861, Babcock would go onto serve efficiently in the Corps of Engineers throughout the Civil War and was promoted to Brevet Brigadier...
, Grant's personal secretary. The civilian grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
that had already convened refused to turn over its evidence, however, and the court-martial adjourned; Babcock was later acquitted.
In 1878, a commission reviewed the court-martial of Fitz John Porter
Fitz John Porter
Fitz John Porter was a career United States Army officer and a Union General during the American Civil War...
, who had been drummed out of the Army in 1863 for his actions at Second Bull Run. Chairman John M. Schofield appointed Gardiner as Recorder, but he "took upon himself the role of a judge advocate in a court-martial," contesting evidence favorable to Porter. The Commission ultimately re-instated Porter.
In 1880, the sole black cadet at West Point, Johnson Chesnut Whittaker
Johnson Chesnut Whittaker
Johnson Chesnut Whittaker was one of the first black men to win an appointment to the United States Military Academy at West Point. When at the academy, he was brutally assaulted and then expelled after being falsely accused and convicted of faking the incident...
, was allegedly assaulted by three fellow cadets, but the white commanders at the Academy decided in an inquest that he had faked the attack. After a year of public outcry including the attention of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, Whittaker was court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
ed, with Gardiner as prosecutor. The result was Whittaker's expulsion. The verdict was overturned in 1883 by President Arthur; Whittaker was still expelled from West Point on the grounds of failing an exam. In 1995 President Clinton presented a commission to Whittaker relatives.
In 1884, Gardiner was selected for another high-profile prosecution, that of his superior, Brig. Gen. David Swainn, the Judge Advocate General of the Army; Swainn was convicted.
New York politics
After retiring from the Army, Gardiner pursued the private practice of law in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and became active in the Tammany Hall
Tammany Hall
Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society...
political machine, the major faction of the New York City Democrats. A history of the society calls him a "simon-pure Democrat" who followed his father and grandfather's participation in the Tammany Society, where in 1901 he was elected a sachem
Sachem
A sachem[p] or sagamore is a paramount chief among the Algonquians or other northeast American tribes. The two words are anglicizations of cognate terms from different Eastern Algonquian languages...
.
In November 1897, Gardiner was elected on the Democratic ticket New York County District Attorney
New York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
, and took office on January 1, 1898, together with the first elected officers of the Consolidated City of New York. Gardiner said, "Reform be damned" when confronted with calls to confront the corruption of Tammany Hall. In December 1900, Governor Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
removed Gardiner from office.
Among the beneficiaries of Gardiner's attitude was saloonkeeper Frank J. Farrell
Frank J. Farrell
Frank J. Farrell with William S. Devery were the first owners of the New York Highlanders . They purchased the Baltimore Orioles on January 9, 1903 for $18,000 and moved it to New York City....
, who is said to have opened three hundred pool hall
Pool hall
A billiard/billiards, pool or snooker hall is a place where people get together for playing cue sports such as pool, snooker or carom billiards...
s (in reality fronts for bookmaker
Bookmaker
A bookmaker, or bookie, is an organization or a person that takes bets on sporting and other events at agreed upon odds.- Range of events :...
s) after his friend took office, building a fortune that he would use to bring the New York Yankees
New York Yankees
The New York Yankees are a professional baseball team based in the The Bronx, New York. They compete in Major League Baseball in the American League's East Division...
to town.
In 1916, the U.S. Army revoked his Medal of Honor on the grounds that there was insufficient evidence of his heroism. Gardiner refused to return his medal and was controversial until the day he died in 1919.
Gardiner was active in numerous military and hereditary societies including the Society of the Cincinnati
Society of the Cincinnati
The Society of the Cincinnati is a historical organization with branches in the United States and France founded in 1783 to preserve the ideals and fellowship of the American Revolutionary War officers and to pressure the government to honor pledges it had made to officers who fought for American...
, the Military Order of the Loyal Legion of the United States
Military Order of the Loyal Legion of the United States
The Military Order of the Loyal Legion of the United States, also known by its acronym MOLLUS or simply as the Loyal Legion, is a United States patriotic order, organized April 15, 1865, by officers of the Army, Navy, or Marine Corps of the United States who "had aided in maintaining the honor,...
, the Sons of the Revolution, the Veteran Corps of Artillery of the State of New York
Veteran Corps of Artillery of the State of New York
The Veteran Corps of Artillery of the State of New York is an American historic militia organization founded at the end of the American Revolutionary War for the purpose of preventing another British invasion of New York City....
and the General Society of the War of 1812. In the Society of the Cincinnati he served as the President of the Rhode Island Society and as General Secretary of the National Society for many years.
Death
He died on May 24, 1919 of a stroke of apoplexyApoplexy
Apoplexy is a medical term, which can be used to describe 'bleeding' in a stroke . Without further specification, it is rather outdated in use. Today it is used only for specific conditions, such as pituitary apoplexy and ovarian apoplexy. In common speech, it is used non-medically to mean a state...
suffered the previous Saturday afternoon.