James Madison Papers

To James Madison from Thomas C. Wharton, 9 March 1814

From Thomas C. Wharton

Philadelphia March 9th. 1814

Sir,

As the chief magistrate of the Nation, in whom the Constitution has vested the power of remitting fines and penalties, I beg leave to submit the circumstances under which I have been fined by a Court Martial held in this City, for the trial of certain persons, charged with “disobeying the orders of the President of the United States,” and to request of your Excellency the exercise of Your power in my behalf. I believe it was in the Summer of 1813, that I paraded under my officers, as one of the quota to be furnished by the State, for the Service of the United States. In the succeeding Year the same draft was called out & mustered, but I recieved no notice nor did I know of my being considered as one. This circumstance I stated to the Court and am willing to support it by affirmation. There is a Law of the State of Pennsylvania, exempting from militia duty; such persons as are employed in collecting the Revenue of the United States.1 I am in that situation, at the Farmer & Mechanick Bank; but I was ignorant of the Law when before the Court Martial. I beg pardon for taking up your Excellency’s time with this affair; but I trust my non-attendanc[e] will2 considered as arising from want of knowledge of being one of the Quota; and not from want of respect to the Law. I have the honor to be Your Excellencys obedt Serv

Thomas C Wharton3

RC (DNA: RG 107, LRUS, W-1814).

1The Pennsylvania militia law released “all custom-house officers with their clerks” from militia duty (Act for the Regulation of the Militia of the Commonwealth of Pennsylvania [Lancaster, Pa., 1807; Shaw and Shoemaker description begins R. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). description ends 13330], 9). The legislation that repealed and replaced it on 28 Mar. 1814 contained the same exemption (An Act for the Regulation of the Militia of This Commonwealth [Harrisburg, Pa., 1814; Shaw and Shoemaker description begins R. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). description ends 32461], 4–5, 63–64).

2Wharton probably omitted the word “be” here.

3Thomas C. Wharton was a Philadelphia merchant (James Robinson, The Philadelphia Directory, for 1810 [Philadelphia, 1810; Shaw and Shoemaker description begins R. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). description ends 21062], 300).

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