Asa Bird Gardiner (September 30, 1839 – May 24, 1919) was a controversial American soldier, attorney, and district attorney for New York County (a.k.a. the Borough of Manhattan) from 1898 to 1900.
He received the Medal of Honor for his service in the American Civil War in 1872 but it was rescinded in 1917 when supporting documentation was not found. As a Judge Advocate 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!").
Early years
Asa Bird Gardiner was born on September 30, 1839, in New York City. His birth name was Asa Bird Gardner – without the "i" which he added when he legally changed his name in 1884. He was born at Fraunces Tavern, where his father and uncle were innkeepers. His father later ran the Philadelphia Hotel.
He graduated A.B. from the College of the City of New York in 1859 and a 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.
Civil War service
Shortly after the outbreak of the American Civil War, Gardiner was commissioned as a first lieutenant in the 31st New York Infantry Regiment on May 27, 1861, and was mustered out of service on August 7, 1861. He was commissioned a captain in the 22nd National Guard Infantry (a.k.a. 22nd New York State Militia) on May 31, 1862, served in Baltimore, Maryland, and was honorably mustered out of service on September 5, 1862.
He was again commissioned a captain in the same regiment when it was reactivated on June 18, 1863, due to the movement of Lee's Army of Northern Virginia towards Pennsylvania. Gardiner saw action at Sporting Hill, Pennsylvania, on June 30 and at Carlisle on July 1, where he was wounded in action. Gardiner's wound was apparently minor, as there is no indication he suffered from a physical disability and he almost lived to the age of 80. Both actions were minor with the 22nd having no killed in action but it did have 9 and 12 soldiers wounded respectively on the 30th and the 1st.
Gardiner was mustered out of active service on July 24, 1863. On May 16, 1865, Gardiner was commissioned a first lieutenant in the Veteran Reserve Corps to rank from February 11, 1865, and served as adjutant of the 7th Veteran Reserve Corps Regiment until he was honorably mustered out of service on August 13, 1866. Gardiner was brevetted to the rank of captain on March 13, 1865, for "gallant and meritorious service during the war".
Medal of Honor
For his actions at the Battle of Sporting Hill Gardiner 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". Gardiner's award of the Medal of Honor was rescinded in early 1917 after a review panel, led by retired Lieutenant General Nelson A. Miles, found there was no evidence to support Gardiner deserving the award. Although Gardiner's award was rescinded, he refused to return the medal.
Post-Civil War military service
After the end of the Civil War, Gardiner was commissioned a second lieutenant of the 9th Infantry Regiment of the Regular Army, to rank from July 20, 1866, and was promoted to first lieutenant on February 14, 1868. He transferred to the 1st Artillery Regiment on April 3, 1869, and served for a time as aide-de-camp to Major General Irvin McDowell who was commander of the Department of the East with its headquarters on Governors Island in New York Harbor.
On September 23, 1872, Gardiner received the Medal of Honor for his services in action at Sporting Hill, Pennsylvania, on June 30, 1863, and the defense of Carlisle, Pennsylvania, on July 1 and 2 of the same year.
In February 1917, the Army revoked Gardiner's Medal of Honor on the grounds that there was no record in the archives of its having been issued. Gardiner refused to return his medal and the matter was controversial until Gardiner died in 1919.
Gardiner served as an aide de camp, presumably to Secretary of War William W. Belknap, from October 4, 1872, to August 19, 1873.
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.