Thomas Jefferson Papers

Petition of Philip M. Topham, 3 May 1805

Petition of Philip M. Topham

To Thomas Jefferson President of the United States of America

The Petition of Philip M; Topham of Newport in the State of Rhode Island, Mariner, most respectfully represents—

That your Petitioner labours under a cruel misfortune, from which he can be no otherwise releived than by the constitutional interposition of the mercy of the executive of the United States.—

That it is now more than five years since, when in early youth, ignorant of the consequences, & seduced by the interested persuasions of others, he was induced to take charge of, & to navigate a vessel, engaged in a commerce to the coast of Africa, rendered unlawful by the Laws of the United-States.— That for this offence he was prosecuted at the instance of the abolition Society of the City of New-York, at which place he was arrested, & for eight months confined in close Jail, being unable to procure bail for the immense amount demanded.—That when finally released from prison by the kindness of his Friends, he has been obliged for five years thro’ ten terms of the courts, to wait upon this case & to contend against the combined power, wealth & influence of a numerous Society.—

That he inherited from his father Colonel John Topham, an officer who fought in the battles that secured the Liberty & independence of the United States, nothing but his patriotism & his name.—

That condemned by the necessity of attending the trials & by his obligation to his bail to remain on shore, he has been for five years without employment, in the only line, in which he was capable of earning money and is now, exhausted by the expences, he was obliged to encounter, entirely destitute.—That at length he has had a trial & at the last April term of the circuit court of the United States, for the district of New-York been cast in a Judgment that dooms him to pay Sixteen Thousand Dollars, which is in effect to condemn him to imprisonment for life.—Your Petitioner would likewise represent that the abolition Society of the City of New-York, contented with the vindication of public justice & the support of the Laws, manifested by the judgment aforesaid, and satisfied that this is the only similar transaction, in which your petioner has been engaged & that he sincerely regrets having been so engaged, that he must be doomed to unceasing & unmitigated misery, and an aged mother & a beloved wife & infant family solely dependant on your petitioner’s labour, deprived of all means of sustenance & support if the judgment should be enforced against him, are generously inclined to release their half of the Penalties.—Now your Petitioner urgently prays the President of the United States that he would in his wisdom and discretion, extend to him the equity & mercy, which he is impowered by the Constitution & Laws of the United-States to exercise—And by pardoning your petioner & releasing the claim of the United-States against him, save him and his helpless family from ruin & restore him to society, & the power of obliterating by future usefulness the unfortunate indiscretion of his youth.—And he as in duty bound will ever pray.—

Philip M Topham

Newport May 3rd. 1805


We whose names are undersigned Citizens of the State of Rhode Island and holding the stations affixed to our names, beg leave respectfully to recommend the prayer of the within Petitioner, to the tender consideration of the President of the United States, being assured by satisfactory information, that the facts therein stated are correct & that the Petitioner is an object worthy of the President’s compassionate favor.—

Paul Mumford Lieut Governor

RC (RHi); in a clerk’s hand, signed by Topham; supporting statement in a clerk’s hand, signed by Mumford and 168 others, including three persons identified as state senators, eight as state representatives, and six as other state or local officers; endorsed by TJ as received 2 July and so recorded in SJL. Enclosed in Gabriel Duvall to TJ, 2 July.

In 1800, Philip Morse Topham (ca. 1777-1816), a native of Newport, Rhode Island, commanded a brig in an illegal slave-trading expedition. The New-York Manumission Society presented a complaint to the United States Circuit Court for the District of New York, and on 4 Apr. 1805, a jury found Topham responsible for conducting a slaving voyage. The court levied a substantial fine to be split equally between the United States and the manumission society. Unable to pay the fine and thus condemned to debtors’ prison, Topham, with the support of a number of prominent Rhode Islanders, frequently petitioned for his release. TJ, refusing to grant leniency until Topham had served “a due term of imprisonment,” issued a pardon in 1808. Topham served as a sailing master in the navy during the War of 1812 (Craig A. Landy, “Society of United Irishmen Revolutionary and New-York Manumission Society Lawyer: Thomas Addis Emmet and the Irish Contributions to the Antislavery Movement in New York,” New York History, 95 [2014], 202-9; Craig A. Landy, “Slaver Captain and Son of Newport: Philip Morse Topham and Jeffersonian Justice,” Rhode Island History, 74 [2016], 72-92; Register of the Navy and Marine Corps [Washington, D.C., 1815], 41; Gabriel Duvall to TJ, 2 July 1805; TJ to Joseph Stanton, Jr., 15 Jan. 1806; Topham to TJ, 12 Jan., 17 Feb., 18 Aug. 1807; memorandum on pardon for Topham, 28 Feb. 1808, in DNA: RG 59, GPR).

During the Revolutionary War, John Topham served in the invasion of Canada and became the commander of a Rhode Island regiment (Second Record Book of the Society of Sons of the Revolution in the State of Rhode Island [Newport, 1902], 57-60).

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