George Washington Papers
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https://founders.archives.gov/documents/Washington/05-19-02-0082

To George Washington from Timothy Pickering, 2 November 1795

From Timothy Pickering

Department of State Novr 2. 1795.

Sir,

I have the honour to lay before you the form of a pardon for Mitchell & Vigol, insurgents, for your signature.1

The petition inclosed for their pardon was received after you had decided to grant it.2

Some letters from Mr FitzSimons, & from me to Mr Deas are also inclosed for your information.3

I will wait on you to-morrow morning upon these subjects; and am most respectfully Sir Your obt servt

Timothy Pickering

The letter to Mr Pinckney is added to the list.4

ALS, DNA: RG 59, Miscellaneous Letters; LB, DNA: RG 59, GW’s Correspondence with His Secretaries of State.

1The enclosure has not been identified, but on this date GW issued “a full, absolute and entire pardon” to John Mitchell and Philip Vigol, in part because “the restoration of peace, order and submission to the laws in the western part of the state of Pennsylvania renders it less necessary to make examples of those who have been so convicted, the principal and end of human punishment being the reformation of others” (LB, DNA: RG 59, Copies of Presidential Pardons and Remissions; Df, DNA: RG 59, Petitions for Pardon. Most of the alterations suggested on the draft do not appear on the letterbook copy).

GW probably used a letter from federal district attorney William Rawle to Pickering of 29 Oct. in considering whether to issue this pardon. In that letter, Rawle reported that “The trials of persons indicted in the District of Pennsylvania for treason against the United States appear now to be brought to a close.

“At the court held at Yorktown from whence I have just returned, the four remaining prisoners were put to the bar.

“The testimony against James Stewart and Edward Wright was weighty. Stewart was proved to have been one of the original authors of the opposition to the revenue laws to have assisted at consultations fomenting the resistance and to have co-operated by advice and direction in some of the most glaring outrages. What Stewart thus promoted, Wright performed. He was proved to have been among the foremost in some unequivocal acts of treason accompanied with violence and his conduct as late as the 11th of September was almost uniformly turbulent and seditious.

“The two others, Ebenezer Gallagher and David Bolton were cases of less magnitude. Gallagher’s witnesses removed so much of the charge against him that I thought it improper to press it: Bolton, tho’ in my opinion guilty of treason, proved some extenuating circumstances.

“The whole four were acquitted by Juries summoned from the Western Counties of this State.”

Twelve men remained under indictment, but “all have left the country except Benjamin Parkinson whom the marshall has ineffectually endeavored to apprehend. …

“Against those who have fled no further measures of punishment can be taken unless they return. Process of outlawry is not practicable.

“There remain for trial a few cases of misdemeanor having some relation to the Western Insurrection which it was thought expedient to postpone till next April.

“It appeared, Sir, to be my duty to make this communication to you in order that the President should be apprised thereof before the expiration of the respite granted to John Mitchell and Philip Vigol” (DLC:GW).

2The enclosed petition has not been identified. For examples of the petitions for pardon, see Henry Helmuth and William Hendel to GW, 12 June, and n.1 to that document; Philadelphia citizens to GW, 15 June; and Helmuth and Hendel to Bartholomew Dandridge, Jr., 16 June, n.1.

3These enclosures have not been identified.

4This letter has not been identified.

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