To Thomas Jefferson from William Kilty and Nicholas Fitzhugh, with Jefferson’s Order, 26 October 1804
From William Kilty and Nicholas Fitzhugh,
with Jefferson’s Order
October 26: 1804
We the undersigned Judges beg leave humbly to represent to the president of the United States that when the Case of the within-named Thomas Duffy alias Thomas Rustick was stated for the purpose of obtaining a pardon, we were under an impression from Memory that he had been convicted of petit Larceny only.—Had it occurred to us that he was confined on any other Charge, we would have recommended a general pardon—We presume that his further imprisonment will be very injurious to his large & helpless Fam[ily] who depend on his Labours for their Support
W Kilty
N Fitzhugh
[Order by TJ:]
Nov. 20. 1804.
Let a pardon issue
Th: Jefferson
RC (DNA: RG 59, GPR); torn; in a clerk’s hand, signed by Kilty and Fitzhugh; written at foot of enclosure No. 1. Enclosures: (1) Transcript of the proceedings against Thomas Duffy, alias Rustick, and others at the April 1804 session of the U.S. Circuit Court for the District of Columbia, at which Duffy was found guilty of riotous behavior and assault, and fined $12 and costs (Tr in same). (2) Probably transcript of the proceedings against Thomas Duffy, alias Rustick, and Charles Grymes at the June 1803 session of the U.S. Circuit Court for the District of Columbia, at which the defendants were found guilty of assault and battery and fined $20 and $10, respectively, and costs (same).
For TJ’s earlier pardon of Thomas Duffy, see Petition of Thomas Duffy (Thomas Rustic), 23 July. Although pardoned for only one of his three convictions, Duffy had been released from jail by District of Columbia marshal Daniel Carroll Brent. Realizing his error, and knowing that the district judges intended a general pardon, Brent consulted them and was told not to take Duffy back into custody until an application was made to pardon his remaining convictions. In an 18 Nov. letter to an unidentified recipient, Brent enclosed records of the two cases and the judges’ recommendation in Duffy’s favor and asked the recipient “to lay the subject before the President, & inform me, as soon as convenient, of his determination” (MS in DNA: RG 59, GPR).
On 26 Nov., TJ signed a pardon for “Thomas Duffey, otherwise called Thomas Rustic,” remitting the fines and costs from his riot and assault convictions (FC in Lb in same).