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James Madison Signed Respite for Execution....
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Description
President Madison Temporarily Delays the Execution of John Dalton, Sentenced to Death for Piracy and Murder Aboard the Schooner George Washington in 1812. This Was the Second Respite, the First Occurring on the Scaffold Moments Before He Was Hanged
James Madison Signed Respite for Execution. One page of a
bifolium, 10 x 15 3/4 inches; City of Washington; March 6,
1813.A manuscript document reading, in part: "Whereas the sentence of death was passed by the Circuit Court of the United States held for the District of Massachusetts, in October last, upon a certain John Dalton, who was duly convicted of Piracy, which sentence was to have been executed upon him the said John Dalton on the 10th day of December last: and whereas the President of the United States did respite the execution of the said sentence, from time to time, until the 15th day of March inst, and has thought proper further to respite the same: Now therefore be it known that I James Madison President of the United States of America for divers[e] good causes and considerations, do hereby further respite the execution of the aforesaid sentence until the 15th day of June next ensuing."
Signed "James Madison" and countersigned by James Monroe as Secretary of State. A Boston marshal has endorsed the document on the verso stating that judgment against Dalton has been "respited."
A full account of John Dalton's trial and first respite is given in The Trial of Samuel Tulley & John Dalton, on an Indictment for Piracy and Murder, Committed January 12, 1812. John Dalton and Samuel Tulley were captured in January 1812 and indicted for "piratically and feloniously running away with the Schooner George Washington... [and] for the MURDER of George Cummings." (Page 3.) They were indicted and brought to trial on October 28, 1812 at the First Circuit Court in Boston before presiding judge Joseph Story. The one-day trial included testimony from three witnesses for the prosecution and two witnesses for the defense, and upon conclusion, the jury found both Dalton and Tulley guilty of piracy.
Judge Story issued his sentence stating that he found the men to be "treacherous and deceitful" as they had been members of the schooner's crew and were "entrusted by the owners with their confidence and property, and urged, by every honorable motive to an honest discharge of your respective duties." (Page 23.) He sentenced both men to be hanged: "You are now soon to be cut off from life; and these cheering beams which now surround you, will soon be shut from your sight." (Page 24.)
The Appendix gives an account of the day the men were taken to the gallows to be hanged on December 10, 1812. After giving a statement, "The rope was first placed round the neck of Tulley, who ascended the platform and continued fervent in prayer, and in the presence of an immense concourse of spectators, he was launched into the eternal world." (Page 30.) Dalton declined giving a statement and "was then taken and his neckcloth removed, the rope fixed, his arms pinioned, the cap drawn over his eyes... when the Marshal stepped forward" (Page 30.) and read aloud President Madison's respite.
The document offered here is the second respite Dalton received further delaying his execution to June 15, 1813. Unlike a stay of execution, a respite is typically granted for humanitarian reasons or for extraordinary circumstances. Madison would eventually commute Dalton's death sentence on June 4, 1813 to life in prison.
We could not find exact details for the commutation, but a note in the appendix describes Dalton as a 24 year-old Englishman who is "very ignorant." By contrast, Tulley is described as being 42 years of age, American by birth, and having "received a tolerably good education." (Page 27.) This discrepancy may be the reason Dalton was spared from the noose, as it may have been perceived that Tulley had undue influence over Dalton.
Condition: Overall, even toning with minor offsetting along bottom margin and scattered staining. Separations along center horizontal and integral folds have been professionally repaired. Edge wear and paper loss along top and bottom margins have been either filled and reinforced. A few letters are affected, including the "a" in Madison's name appearing at the top of the document. Blind embossed seal at lower left is intact.
References: The Trial of Samuel Tulley & John Dalton, on an Indictment for Piracy and Murder, Committed January 12, 1812. Fourth edition. Boston: Joshua Belcher, 1813.
Auction Info
2024 July 25 Historical Platinum Signature® Auction #6294 (go to Auction Home page)
Auction Dates
July, 2024
25th
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