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President James Madison Exercises Executive Clemency and Pardons a Sailor Sentenced to Death for Piracy in a Famous Trial, Also Signed by James Monroe as Secretary of State
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JAMES MADISON (1751-1836). Founding Father from Virginia who served as the 4th President of the United States (1809-1817); hailed as the "Father of the Constitution" for his pivotal role in Drafting and Promoting the Constitution of the United States and the Bill of Rights; President during the War of 1812 against Great Britain.
JAMES MONROE (1758-1831). 5th President of the United States. During the War of 1812, Monroe held the critical roles of both Secretary of State and the Secretary of War under President James Madison.
June 5th, 1813-Dated War of I812 Period, Rare Official Manuscript Document Signed, Presidential Pardon Signed by both, “James Madison” as President and “Jas.(mes) Monroe” as Secretary of State, 1 page, plus a reverse side docket, Choice Fine. An exceedingly rare Presidential Pardon by Madison, the last example, located prior to this current Pardon, having reached the collector market in the early 1980s.
This official United States Document is well written on fine quality wove period paper in rich brown ink, measuring 15.75” x 10.5” having a complete paper and wax embossed Official Seal of the United States at bottom left, located across from the vivid bold brown ink signatures of James Madison and James Monroe. This document is easily readable and on clean paper, having some edge chipping and short outer marginal fold splits, one through Monroe at bottom, as shown. Appears complete and impressive, having prior archival reinforcing on the reverse folds. Currently housed in a 16” x 10.5” quality custom cloth hard covered folio that is gold embossed reading: “President James Madison / Executive Clemency / and Pardon / June 5, 1813”.
A Sailor named John Dalton sought Presidential intervention to prevent his execution. After suspending the execution, President Madison finally granted Dalton his Pardon in this Document Signed James Madison” as President, at Washington, June 5, 1813. It reads, in full, boldly headed:
"James Madison President of the Unites States of America, To all who shall see these presents, Greeting; ---
Whereas, sentence of death was passed by the Circuit Court of the United States held for the District of Massachusetts, at Boston, upon a certain John Dalton, who was at its October term 1812, duly convicted of Piracy, and the President of the United States did respite the execution of the said sentence, from time to time, until the 15th day of June instant: Now be it known that I James Madison, President of the United States of America, for divers good causes and considerations do grant to the said John Dalton a full, free and entire pardon for the offence aforesaid, and the judgment of the Court thereupon, hereby remitting and releasing all pains and penalties by him incurred by reason of the premises. --- In Testimony whereof I have caused the Seal of the United States to be affixed to these presents, and signed the same with my hand at the City of Washington the fifth day of June A.D. 1813 ; and on the Independence of the U. States of America the Thirty Seventh. --- (Signed) James Madison - By the President / Jas. Monroe - Secretary of State.”
So George Dalton was pardoned of Piracy and the penalty of Death. Another perpetrator, Chief Mate Samuel, was hung as scheduled, with an estimated 15,000 people in attendance at the gallows. (Additional information provided on our Online Auction site at: www.EarlyAmerican.com. That would be almost half the population of the town at the time. This is an uncommon pardon signed by Madison and Monroe. Extensive handwritten Docket on the reverse. Exceedingly rare as a search of public sale records going back 40 years turns up only one such Pardon having been offered.
This rare June 5th, 1813-Dated Presidential Pardon by James Madison involves a historic Naval incident. The Schooner “George Washington” was owned and Captained by noted Philadelphia merchant Uriah Phillips Levy, and had a crew of six men.
On July 15, 1811, after picking up casks of wine and $2,500 hard coinage (about $70,000 today) at Tenerife in the Canary Islands, the ship went to the Cape Verde Islands and came into port. On January 9, 1812, Levy went to pay a visit to another ship, being rowed in by two of the men. When Levy sought to return, his ship was gone; a search revealed the cables had been cut.
On board the schooner, Chief Mate Samuel Tully had taken over and ordered the men to hoist the sails, which the two rowmen refused to do and instead insisted on taking the small rowboat and leaving the ship. The cook John Owen wanted to join them, but Sully said “no”. Now there were just Tully, his helper John Dalton, a cook and a seaman named George Cummings. The ship put to sea.
Cummings, who was not part of the plan to seize the ship, became uneasy with what was happening, and about two weeks into the venture fought with Sully. Sully and John Dalton threw him overboard and left him to die at sea. Upon reaching port, the cook, also not involved in the scheme, was given a few dollars to keep him quiet, and Sully and Dalton kept the rest, and concocted a cover story.
However, Owen was simply not able to live with the deeds and the lies, and soon approached an American captain moored in the same harbor and told him the truth. John Dalton and Sully were arrested and returned to the United States for trial.
The grand jurors returned three bills of indictment, one for piratically and feloniously running away with the schooner George Washington from the care of her master, and taking the casks of wine and cash on board; another was for the murder of George Cummings on the high seas; and the third; for feloniously scuttling and casting away the vessel. The men plead not guilty.
At the trial, Levy and the cook appeared as witnesses, and the men were convicted and sentenced to death. Dalton's attorney had made the point that Dalton was not a principal, but an accessory, and should be treated differently than Sully; this distinction would in time save Dalton's life. The executions were scheduled for December 10, 1812, in Boston.
This naval trial proceedings is included and documented in the book titled, “American State Trials : A Collection of Important and Interesting Criminal Trials”.