Philip Russell to Richard Peters, 27 September 1815
Philip Russell to Richard Peters
Philadelphia, September 27, 1815.
The petition of the subscriber respectfully represents that he has been imprisoned for above six weeks, and is now confined, charged with having sold spirituous liquors without licence: that he has a wife and children who are dependent upon his earnings for support; and, that, in consequence of his imprisonment, they are now reduced to a state of great distress. Even if your petitioner had violated the laws, and he is not conscious of having done so, he cannot now make any pecuniary atonement, being poor and destitute: and he would humbly suggest whether his long imprisonment is not a greater punishment than a fine, which might be the result of conviction. Your petitioner, therefore, earnestly prays, that the penalty, alleged to have been incurred, may be remitted, and that such a statement of facts, as is required by law, may be made and herewith transmitted to the secretary of the Treasury of the United States.1 And your petitioner will pray &c.
Philip Russell
RC (DNA: RG 59, Petitions for Pardon, no. 308). Addressed to Peters as “U.S. Judge for the Pennsylvania District.” In a clerk’s hand, signed by Russell; attested by John Barker.
1. Appended to the petition is a 29 Sept. 1815 statement signed by John White, collector of the first district of Pennsylvania: “There is testimony lodged in this Office under Oath in February last, of the Petitioner’s having sold Liquors without the United States Licence—but as he is evidently unable to pay the penalty thereby incurred, it is not my wish, or for the Interest of the United States, that he should be continued in Prison, the prosecution will therefore be discontinued upon his satisfying the Clerk of the United States district Court for the costs incurred.” On the verso is district attorney Charles Jared Ingersoll’s 2 Oct. 1815 note: “I acknowledge notice of this application and have received no instructions to shew cause against it.” Thereunder Peters wrote, on 3 Oct.: “The facts stated are true,” with his signature and redirection to Secretary of the Treasury Alexander J. Dallas. Filed with the petition is Pennsylvania district court clerk David Caldwell’s 4 Oct. letter forwarding it to Dallas; the cover of that letter bears notes by Dallas, 11 Oct.: “Referred to the Commissioner of the Revenue” and Samuel Harrison Smith, 12 Oct.: “This case seems to fall under the pardoning power of the President, to the exercise of wch. it is respectfully proposed that it be recommended.” JM’s initialed note on the cover reads: “Let a pardon issue.” The pardon was dated 21 Nov. 1815 (DNA: RG 59, PPR).