Thomas Jefferson Papers

To Thomas Jefferson from William Kilty, William Cranch, and John Thomson Mason, 9 April 1802

From William Kilty, William Cranch, and John Thomson Mason

The Case of the United States against Daniel McGinnis

Daniel McGinnis having been much beat and abused by a certain James Carroll and others in the Month of July 1801 Gave information to the Grand Jury and a presentment was made by them at September Term 1801

Daniel McGinnis was recognised in the sum of fifty Dollars with John Barber and Alexander King his securities in the sum of twenty five dollars each for his appearance at the next Court to testify for the United States against James Carroll. The Recognizance was called and forfeited at December Term 1801 and a writ of Fiere Facias has issued to March Term 1802 which has been returned Nulla Bona

The Court are credibly informed that McGinnis was prevented from attending agreeably to his recognizance by his being on the water and by the badness of the Weather which detained him longer than he had expected—

And in as much as there appears to have been no neglect on his part and he has been very much injured by the beating as above stated; and in as much as he did appear at this Term and prosecute the accused to conviction and it would be an additional hardship on him to pay the forfeited recognizance being a poor labouring man.

We hereby respectfully Recommend to the President of the United States to remit the whole of the said forfeited Recognizance to the said McGinnis and his Securities—

William Kilty

William Cranch.

John T. Mason Atty for the
Dist. of Columbia

RC (DNA: RG 59, GPR); in a clerk’s hand, signed by Kilty, Cranch, and Mason; with TJ’s opinion at foot of text: “April 11. 1802. Let a pardon issue Th: Jefferson”; endorsed by TJ as received 10 Apr. and so recorded in SJL with notation “recommend McGinnie for pardon”; also endorsed by TJ: “Mc.Ginnie’s case for pardon.” Enclosure: Certificate of Uriah Forrest, clerk of the circuit court of Washington County, 9 Apr. 1802, attesting to the accuracy of the facts in the case of Daniel McGinnis as stated by Kilty, Cranch, and Mason (MS in same).

TJ issued a pardon on 13 Apr., remitting the fines incurred by DANIEL MCGINNIS, JOHN BARBER, and ALEXANDER KING (FC in Lb in same). McGinnis may be the same person from whom TJ received a pardon request on 23 Jan. 1806. Signing with a mark, the petitioner was identified as “Daniell McGinnas” and described as a “free mulatto man” who was convicted and fined for assault and battery (RC in same).

THE COURT: Kilty served as the presiding judge and Cranch as an associate judge of the circuit court for the District of Columbia (Vol. 33:380, 416–17).

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