Congress Hall while in Session—Feb. 26th ’09
I enclose for your consideration, the case of the unfortunate Richard Berry, as Stated by Mr Rowan—& which Statement has been confirmed, by letters, I have received from individuals; particularly Rh: M: [Gario] a friend & acquaintance of mine, whose veracity cannot be doubted but which letter has been mislaid, or it Should be enclosed for your perusal—The Statement of this case, as to its truth deserves credit; and I have a Sanguine hope, that it will present a case, in which Justice may be so tempered with mercy, as to obtain a pardon for the unfortunate Berry, who has no alternative from indelible disgrace but in the exercise of that Clemency, that mercy, which has so distinguished your long & useful life; In Speaking of the Connections of the Unfortunate Berry I can only do them justice by placing them, upon an equality with any in the State of Kentucky as it respects virtue, talents, & character—
I expect to receive by next mail a Petion in favour of the Pardon of R. Berry Signed by the most respectable Individuals in the State of Kentucky—
If it should not be your determination to act upon this Subject I should be glad to have the Statement from Mr Rowan that I may have it to Present to your Successor provided I should receive more information, after you retire from that office which has been toil to yourself—but which has placed you so high in the affections of the American people and whose Services must meet universal Sanction from posterity, when party bickerings Shall be gone from our memory with the days beyond the flood—
With Sentiments of high considerations & affection your &c.
Rh: M: Johnson
DLC: Papers of Thomas Jefferson.