Mr. Adams, Secretary of State, to Mr. Drayton, district judge.
Washington, April 15, 1820.
Sir: I have had the honor of receiving your letter of the 21st ultimo, and, conformably to the recommendations contained in it, the President has determined not to interpose to respite, or suspend the execution of, the sentence of G. Clark and H. Roberts alias De Wolf. He has, in the cases of Griffin and Brailsford, directed a reprieve for two months from the 12th of May, the day fixed by the sentence of the court for their execution. It is his intention to pardon them ultimately on the capital conviction, but to leave them subject to the sentence of imprisonment which the court may pass upon them on the indictments to which they have pleaded guilty. I am uncertain whether, according to the course of judicial proceedings, *a sentence of imprisonment for a term extending [Page 502] beyond the period at which the reprieve will expire can be passed by the court, or whether it be necessary that a pardon for the piracy should issue, to enable the court to sentence them to imprisonment for a term of years, on the indictments for misprision of felony. In the latter case, I will be obliged to you for notice of it as early as may be convenient, upon which a conditional pardon for the piracy will be transmitted to the marshal, to take effect on the condition that the parties shall undergo such term of imprisonment as the sentence of the court may decree against them on the indictments for the minor offenses to which they have pleaded guilty. It is presumed that there will be time for me to be honored with your reply to this letter, and for such a conditional pardon to be made out and to reach the marshal before or at the day of the next session of the circuit court. [137]
I am, &c.,
John Drayton, Esq.,
United States District Judge,
Charleston.