John Quincy Adams Digital Diary

11. V:45. Mr Macon the Senator from North-Carolina, called with T. H. Hall, a member of the House, from the same State— Macon spoke about a copy of a Treaty with the Cherokee Indians for which he applied some days since at the Office— It had been prepared and sent to him this morning, but he had not yet received— I appointed one O’Clock this day to receive General Vivés, at which time he came, and delivered a Letter of recall from the King of Spain to Mr Onis, and a Letter from Onis to me, enclosing it. He at the same time said he had to ask an Audience of the President to deliver a credential Letter from his Sovereign. I told him I would immediately take the President’s directions; and give him notice of the time which the President should fix— I received a summons from the President to attend a Cabinet Meeting at his house at two O’Clock. All the members of the Administration were there. A warrant had issued last week for the Execution of John D. Ferguson and Israel Denny, two of the men convicted of Piracy at Baltimore—and the day fixed was the day after to-morrow. This morning a petition, signed by four thousand inhabitants of that City, for their pardon, was brought to the President, by the two Members from the City, and two persons of respectable character had come on purpose to bring the petition— There was a representation also, setting forth many extenuating circumstances in their behalf, but that was not signed; and there were Letters from judge Bland, and others, among which one from Mr Hoffman, pleading for them— The unsigned paper stated particularly that Ferguson at the commencement of our late War with England had been an impressed Seaman in the British Navy; that he had given himself up as a prisoner, and refused to serve against his Country— That he had then discovered a key to the signals used in the British Navy; and had transmitted it to the Navy Department here of which Mr William Jones was then the Secretary— The question upon the pardon was then discussed in a desultory manner, and there appeared to much wavering in the mind of every one. The President finally asked my opinion first, and I gave it in favour of a reprieve for two Months now; and for the substitution of a long imprisonment of several years, instead of death, for these and all the other cases of simple piracy, and executing only those which had been complicated with murder. In this case the worst act had been that of taking 2300 dollars from a Spanish vessel, without injury or even insult to any person. It was with great reluctance, and only from a deep conviction of the peculiar necessity of making an example at Baltimore that I had before assented to the Execution of these two men— But here was now a petition it might be said from the whole City— The case of these men was hard— Their Captain, Daniels, the man who had seduced them to their crime, had been tried for a case in which the life of the Master of an English Merchant vessel had been lost by his act; who had a hundred piracies and as many murders upon his soul; this man had been discharged by Judge Bland, and was walking the Streets of Baltimore; and holding his head as high as any man; all the principals and ringleaders in these privateering piracies had escaped— They were triumphant against 311every prosecution, while these poor ignorant creatures, the mere mortal instruments of their guilt, were to suffer death. Besides, in the general opinion their case was not that of mere unqualified Piracy. They had a sort of colour of Commission; a spurious but yet plausible connection with the cause of the South American Patriots— The compassion of the public would be turned in their favour, and indeed there might be reason to apprehend a popular movement at Baltimore, to prevent their execution. At least a great odium would be excited against the Administration for it— Mr Calhoun concurred in this opinion, though more doubtfully; and inclining to the execution— Mr Crawford was decidedly for the execution. He had no doubt of the right of the Legislature to affix the punishment of Death to any atrocious crime— They had now affixed it to Piracy; and the question now was, should the Law be executed or not— If not executed in this case, it ought not to be executed in any of the others; and the Law would then be a dead Letter— That this was a case of mere Piracy, without murder, made it so much the better, as a test for the execution of the Law— And if they had met with resistance it is to be presumed they would have committed murder— As to their connection with the South-American cause, it was pretended, and not real— Plunder was their object, and they were equally ready to take it from all Nations— Mr Thompson was very unwilling to give any opinion, and Mr Wirt said he was divided between two opinions— All the reasoning however was in favour of the Execution— After sitting till near five O’Clock, the President was yet undecided and adjourned the Meeting till ten O’Clock to-morrow Morning. He desired me as I should be returning home to call at Mr Duval’s, where Mr Jones, the former Secretary of the Navy, now in the City, lodges, and enquire of him if he had any recollection of the alledged fact of Ferguson’s having transmitted during the late War a key to the British signals to the Navy Department. I had a reprieve made out, ready to be signed if the President should so determine, and on my way home called at Mr Duval’s, where I saw Mr Jones. He had no recollection of the transmission of the key to the British signals, by Ferguson, but said he would make enquiries of Mr Duval, who was at the time referred to a Clerk in the Navy Department, and would write me the result. He also referred me to Mr Homans the Chief Clerk of the Department, to ascertain if there was any evidence on the files to elucidate the fact— At the door of my house I found the two persons who had brought the petition from Baltimore, waiting for the answer. I told them the President had not yet come to a determination, and requested them to call for it at eleven O’Clock to-morrow. The President had fixed one O’Clock to receive General Vivés, half past one, Mr Greuhm, and a quarter before two, Mr Antrobus—of which notice was given them, and that I would meet them at the President’s house— Our weekly party was this Evening, fully attended. Sergeant told me some anecdotes about the Caucus— Quarles played the Speaker’s Chair before his eyes also, to induce his attendance, but without success. In case of a vacancy, he would be one of the Candidates, and some think would be chosen. S. Smith told him he should be his competitor.