To Thomas Jefferson from Albert Gallatin, 2 February 1805
From Albert Gallatin
2 Feby. 1805
Adam Gantz’s application for pardon
On what ground the district judge supposes that no remission could legally be granted by the Secy. of the Treasury in this case, is not understood. As, however he has not certified the facts in the usual way, nor transmitted the papers, the Secretary cannot act. Nor is it probable, if he could, that he would remit the fine after conviction of smuggling by a jury. The power of granting a pardon rests on broader ground, than that of remitting fines is placed by the Statute; and, considering the recommendation of the district judge, this case seems to merit the President’s interference—
Respectfully submitted
Albert Gallatin
RC (DLC); endorsed by TJ as received from the Treasury Department on 2 Feb. and “Gantz’s case” and so recorded in SJL.
Gantz’s application: an undated petition from Adam Gantz was recorded in SJL as received by TJ on 2 Feb., but has not been found. The Baltimore grocer had been found guilty of violating U.S. revenue laws and fined $400 (James Robinson, Baltimore Directory for 1804 [Baltimore, 1805], 15; pardon of Adam Gantz, 1 May, FC in Lb in DNA: RG 59, GPR).
district judge: James Winchester, judge of the U.S. district court for Maryland since 1799 (Vol. 35:336n).