Thomas Jefferson Papers

To Thomas Jefferson from William Kilty and James M. Marshall, with Jefferson’s Note, 10 July 1802

From William Kilty and James M. Marshall, with Jefferson’s Note

Alexandria July 10th 1802

The Undersigned Judges of the Circuit Court of the District of Columbia, respectfully recommend to the President of the United States a Remission of the Fine of Thirty Dollars imposed on Michael Carrigo as appears by the above Transcript of the Proceedings against him—

This recommendation is not grounded on the merits of the Prisoner or any1 hardship of the Sentence in relation to the Crime of which he was Convicted—but on the following Circumstances—

We are credibly informed that the said Michael Carrigo is unable to pay the said Fine or any part of it and that he has not any relation friend or Acquaintance from whom he might expect assistance for that purpose—That he is nearly destitute of Cloathing and is from that circumstance, from long confinement and from disease, become an Object wretched to himself, Loathsome to others and shocking to Humanity—

We further represent that on a remission of the Fine it might be within the power of the Court to rescind the Order for the Committment which appears in the Proceedings, or to make an Order for the release of the Prisoner, so that the Inconveniencies which we have stated might be removed, and the United States might also be freed from the useless expence of maintaining him in Prison, from which there appears to be no other method of liberating him than the one which we have proposed.

W Kilty

J Marshall

[Note by TJ:]

a remission of the fine to be made out

Th: Jefferson

MS (DNA: RG 59, GPR); in a clerk’s hand, signed by Kilty and Marshall; written at foot of transcript of court’s proceedings (see below); with TJ’s note below signatures. Enclosed in George Deneale to TJ, 10 July 1802, stating that “I am directed by the Court now sitting in this County, to forward you the inclosed record” (RC in DLC; address clipped: “[. . .]ent of the United States Washington”; endorsed by TJ as received 11 July and so recorded in SJL but with notation “Carrol’s case”; also endorsed by TJ: “Carrigo, Michael. Deneale’s letter inclosing recommendn of judges for remission of fine of”).

The above recommendation was written on a transcript of the U.S. circuit court’s proceedings against MICHAEL CARRIGO during its January 1802 session at Alexandria. On 21 Oct. 1801, Carrigo, “with force and arms,” had stolen 8⅞ yards of blue cloth worth $11 from Edward Redman. Found guilty, Carrigo was fined $30 and ordered to receive 30 lashes at the public whipping post. The court also committed him to the public jail at Alexandria until his fine was paid (Tr in DNA: RG 59, GPR; attested by George Deneale). Deneale was clerk of the U.S. circuit court in Alexandria County (Madison, Papers, Sec. of State Ser. description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 33 vols. Sec. of State Ser., 1986–, 9 vols.; Pres. Ser., 1984–, 6 vols.; Ret. Ser., 2009–, 1 vol. description ends , 3:179).

Daniel C. Brent on 11 July sent TJ another recommendation in the Carrigo case. He stated: “I herewith send a petition from the Court respecting Michael Carrigo who is now confined in Goal at Alexandria—I am requested by the Court to obtain an answer before they rise which is expected to take place on Tuesday” (RC in DLC; endorsed by TJ as received 11 July and so recorded in SJL but with notation “Carrol’s case”; enclosure not found). For Carroll’s case, see James Carroll to TJ, 10 July.

On 12 July, TJ ordered a remission of Carrigo’s fine (FC in Lb in DNA: RG 59, GPR).

1MS: “any any.”

Index Entries