To James Madison from Daniel Hewes Jr., [ca. 1 May 1815]
From Daniel Hewes Jr.
[ca. 1 May 1815]
Respectfully represents, Daniel Hewes jr of Boston in the State of Massachusetts, Merchant, that he has been confined in the Goal in this Town for the space of Seventeen Months, having been committed upon two Executions in favour of the United States,1 that in consequence of great misfortunes he has besome [sic] wholly unable to pay the Amount of these Executions, and is now reduced to great distress, and unable to provide for a family dependant upon his personal exertions, That his case does not come within the authority given to the Secretary of the Treasury under the Law of the United States relative to Insolvent Debtors, inasmuch as the debts for the non payment of which he has been for so long a time in Prison, accrued by virtue of certain penaties incurred by your petitioner for a violation of the law of the United States, prohibiting commercial intercourse with Great Britain, and her Colonies, that such has been the decree of the Honl Circuit Court, in which your Petitioner is bound to acquiesse, and that he has no prospect of immediate relief but in the Indulgence and mercy of your Excellency, and he humbly hopes that in consideration of his long and severe sufferings, his deep and sincere regret that he was ever tempted under any circumstances to violate the laws of his Country, Your Excellency will exercise in your clemency, the power of pardon and remission in his behalf and authorise his discharge from Prison, And your Petitioner would further humbly represent, that in consequence of a sugestion of the Honl Secretary of the Treasury, he petitioned Congress during the last Session for an Act of Release and discharge, that the Petition was duly presented by Mr. Ward the Honl Member from this Town, and passed the Committee, that towards the close of the session Mr. Ward applied to a member of the Committee in the absence of the chairman to know what had been done upon the petition, and was informed that an act for the relief of your petitioner had been reported and would proceed in the customary form. That after the Chairman had return’d, Mr Ward finding that the act did not come before the House, applied again to the Committee, and found that the petition had been overlooked, that it was then too late to act upon it, as the Session was just closing and much business of a public Nature remain’d and to be done, that these facts were stated to your petitioner by Mr Ward, who said it was a mistake or overseight altogether, that an Act did pass, that upon this information your petitioner applied to the District Attorney, who informed him that he would take back the Executions, upon which your petitioner was committed, on receiving a line from the Secretary of the Treasury, authorising him thereto, and wait the final result of the said petition, that your petitioner forthwith stated these facts in a letter addressed to the Secretary of the Treasury, who replied that his department had no controul or authority in the case, Wherefore, your petitioner humbly prays that in case your Excellency should not see fit to pardon and release him from prison, that your Excellency would authorise the District Attorney to suspend all further proceedings against him, until he can renew his application to Congress for an Act of relief, Your petitioner conceives that by this act of indulgence the rights of the United States will not be prejudiced, as he will continue under all his existing liabilities, and in the mean time will have it in his power to make some provision for his suffering family, And as in Duty bound will ever pray
Daniel Hewes Jr
RC (DNA: RG 59, Petitions for Pardon, no. 303). Undated; conjectural date assigned based on a 1 May 1815 certificate appended to the petition and signed by Massachusetts district attorney George Blake, stating that Blake believed the petition to be “substantially correct,” and that he was “entirely satisfied” that Hewes was actually unable to pay his debts. Bears State Department clerk Daniel Brent’s note: “July 11th 1815 / a Pardon issued.”
1. Filed with the RC are two printed precept forms of the Massachusetts district court, with blanks filled in by hand, both dated 11 Dec. 1813 and attested as accurate copies by clerk William S. Shaw. The first (1 p.) states that on 15 Oct. 1812, judgment had been found against Hewes and Philip Ammidon, “Merchants,” and John Adamson, “Mariner,” for $3,000 “debt or damage” and $77.98 “Costs of Suit,” and commands the marshal of Massachusetts or his deputy to imprison the men if unable to seize enough of their property within the district to pay the debts, costs, and fees, totaling $3,119.79. On the verso of the form are 16 Dec. 1813 and 15 May 1814 notes signed by deputy marshal Adam W Thaxter, the first stating that he had arrested and imprisoned Hewes, and the second that the order was “not satisfied as it relates to Phillip Ammidon & John Adamson.” The second form (1 p.) states that a judgment of $1,350 plus $159.81 costs had been found on 15 May 1812 against Hewes, Samuel J. Tuck, “trader,” and John H. Hewes, “Mariner,” and gives the same order for payment or imprisonment to the marshal or deputy. Thaxter’s notes on the verso bear the same dates as those on the first form and convey the same information, except for stating that the order was “not satisfied as it relates to John H. Hewes.”