To George Washington from Charles Lee, 18 April 1796
From Charles Lee
Philadelphia 18th April 1796
Sir
I have conversed with Mr Rawle on the petition of Daniel Hamilton for a pardon of his offence and on the petition of Daniel Leet and others for a general pardon of all those concerned in the late western insurrection to whom the clemency of government has not yet been extended.1
We concur in opinion that so long as any offender keeps himself out of the power of that court to which he is properly amenable, he is not to be deemed a fit object of mercy. Daniel Hamilton is of this description. Having fled the justice of that court before whom he is triable he remains in Kentucky and from thence sends his petition. Perhaps in that state he beleives he is personally safe from the just power of the United States, and therefore is not affraid to make known the place of his abode. However this may be; as it is known where he is to be found and that he is within one of the states, and consequently within the arm of justice of the United States, he ought to be within the jurisdiction & power of the circuit court of Pennsylvania for the purpose of a fair trial and until he is so he ought not to be pardoned.
It is in the power of the judge of Kentucky district to issue his warrant for apprehending and removing him from that state to this; and that this may be done a copy of the indictment should be sent to the judge which accompanied with proof of the identity of Daniel Hamilton, will authorize his apprehension and removal.
Relative to the petition for a general pardon the principle above stated is deemed applicable and is corroborated by another, namely befor any person is pardoned he should himself condescend to solicit it.
I cannot think it expedient under these circumstances to cease the prosecution against Daniel Hamilton, or at this time generally to pardon those who have heretofore been excepted.2 With the most perfect respect I am Sir your most obedient humble servant
Charles Lee
LS, DLC: Pennsylvania Whiskey Rebellion Collection.
1. In an undated petition to GW apparently drawn between June and September 1795, Daniel Hamilton wrote: “Being informd that their is Bill found against him for adding and assisting in the Disturbences of the four western Countys” of Pennsylvania and “Placeing the Utmost Confydence in the Meshuers goverment heald out to Us and Expecting Pardon their from your Petitioner did most Chearfully sighn your ammesty himself and was an instrument of geting Maney others to sighn also all which was done within the time Prescribed by proclamation.” Moreover, he “was in kentuck at the Commsment of” the disturbances, although he admitted that after his return to Pennsylvania he “unhapely ingaiged in that Unhapey affair.” Expecting “the Benefit of the Ingaigements made By the Commissioners and the proclamation of your Excelency dated the 2⟨5⟩ of September Last and trusting That the Publick faith will Be observed,” Hamilton prayed “that a Nolleprosequi of the Inditement now Dipending against him May be Directed to Be Enterd By the attorny of the United States” (DS, DLC: Pennsylvania Whiskey Rebellion Collection).
Daniel Leet and others had written GW on 3 Dec. 1795. Lee drafted a response for GW on 24 April 1796 that almost certainly was not sent: “I have received and considered your petition bearing date the third day of last december for a general pardon of all those concerned in the late western insurrection who having fled from the public justice have not been comprehended in any act of Amnesty. While citizens accused of crimes or misdemeanors are endeavouring to elude a fair trial by the laws of the land, absconding or otherwise keeping themselves from the power of the court to which most properly they are amenable they seem not entitled to the clemency of government; and more especially when that clemency is not solicited by the offenders themselves. Under these circumstances they, in whose behalf you have been led by motives of compassion to intercede, are not deemed now to deserve the forgiveness of their country” (Df, in Lee’s writing, DLC: Pennsylvania Whiskey Rebellion Collection). When Secretary of State Timothy Pickering wrote the petitioners on 8 July to convey GW’s opinion, he generally followed the wording of Lee’s draft (DNA: RG 59, Domestic Letters).
2. Lee again wrote GW on 25 April: “Though a written answer to the Petitioners in favor of the insurgents not yet pardoned, has been thought proper, there is not the same reason for a written answer to be given to Daniel Hamilton; & circumstanced as he is, he does not deserve one. A verbal communication to any of his friends that may enquire of the matter, that he is not deemed a fit object of mercy while a fugitive from justice, is all that can be expected of government: In this way it has been mentioned by me on one occasion already.
“Nothing stated by A. Brodie appears to be within the cognisance of the government of the United States; and consequently his applications will not admit of any kind of notice” (ALS, DLC: Pennsylvania Whiskey Rebellion Collection).