From Thomas Jefferson to George Hay, 24 April 1805
To George Hay
Washington Apr. 24. 05.
Dear Sir
The inclosed papers respecting Thomas Logwood will sufficiently explain themselves. the law having clearly manifested it’s intention that his punishment should not be death, I consider myself as executing that intention in relieving him from a confinement which would induce death. and I would wish him to be informed that it is not our intention to have him remanded to jail so long as he behaves well & unsuspiciously, & confines himself within the limits prescribed of his own land. I suppose the power to make this change in the place of his confinement to be a portion of that power which the law gives of changing a prison in cases of necessity: but should it on investigation be adjudged as amounting to a pardon, it is still a duty to take the measure. not knowing how far Logwood’s correct use of this indulgence may be relied on, and aware that the state in which he resides may apprehend peculiar danger from this relaxation, I pray you, before a word be said on the subject, to submit it to the Governor & council. if they are of opinion that Logwood’s condition does not need this indulgence, or that the public safety does not admit it, return me the papers, and let things remain as they are. if they think otherwise, be so good as to return me the papers with information of their approbation, except the warrant for his enlargement to be delivered to the Marshal. Accept my friendly salutations & assurances of great respect & esteem
Th: Jefferson
PoC (DLC); at foot of text: “George Hay esq.” Enclosure: TJ to the U.S. marshal for Virginia, Joseph Scott, 24 Apr., offering a conditional pardon to Thomas Logwood; TJ understands that Logwood, imprisoned “under strict confinement,” is “languishing with disease,” which threatens his life “unless freer use of air and exercise be allowed him”; TJ authorizes Scott to allow Logwood “to transfer himself to his ordinary residence,” where he is to remain “in custody of the law” (FC in DNA: RG 59, GPR; in a clerk’s hand, including signatures of TJ and Madison; at head of text: “Note—the following remission was never actually issued”; not recorded in SJL). Other enclosures not identified, but see below.
Among the enclosed papers may have been certifications by the clerk of the U.S. district court of Virginia concerning verdicts on four of the five indictments against Logwood for counterfeiting notes of the Bank of the United States. A motion for an arrest of judgment on the first verdict was denied and Logwood was ordered imprisoned for nine years and ten months at hard labor beginning on 24 May 1804, while a motion for an arrest of judgment on the second verdict was upheld. No motions were presented on the third and fifth verdicts, for each of which Logwood was sentenced to an additional month at hard labor (FCs in DNA: RG 59, GPR; Vol. 43:218-20).
return me the papers: a letter of 8 May from Hay was recorded in SJL as received from Richmond on 12 May, but has not been found.