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Partly-printed DS as president, one page, 8 x 9.75, May 13, 1844. President Tyler authorizes and directs the "Secretary of State to affix the Seal of the United States to the further respite of David Babe alias William Brown, until the 19th day of July next." Boldly signed at the conclusion in ink by President John Tyler. In fine condition, with a vertical fold along the left edge (and thin old mounting strip along its reverse). David Babe, alias William Brown, was convicted of piracy and murdering the mate of the schooner Sarah Lavinia in 1843, in spite of little evidence of the crime. His cause was taken up by the press and public, who petitioned President Tyler to pardon the pirate; ultimately, citing 'the doubtful character of the evidence against him,' President Tyler granted reprieves of Babe's death sentence six times, but could not bring himself to pardon him. Finally, in June 1846, President James K. Polk granted Babe a full and unconditional pardon, freeing him from prison after three years.
From the book Atlantic Piracy in the Early Nineteenth Century by Sarah Craze: 'Babe's prosecution remains renowned in legal circles as the Sarah Lavinia decision. It set the controversial precedent of securing a murder conviction without a body. Aside from this lasting legacy, Babe's story demonstrated the growing power and influence of James Gordon Bennett's tabloid press, particularly over the US President.
Babe's story began on Sunday, 31 July 1843 when residents of New Bedford, a sleepy coastal town in Massachusetts, discovered a mysterious schooner called Sarah Lavinia abandoned in the inlet of the Acushnet River. Closer investigation revealed the blood spatter across the boat deck. That same day, a local man in Sakonnet, Rhode Island, around thirty-five kilometres from where the Sarah Lavinia lay floundering, saw three men landing a small sailing boat at the foot of Watch House Pond. One of the men, Webster, quickly disappeared. The other two, George Matthews and William Brown—known as David Babe—made their way by the steamer Massachusetts to New York, accidentally leaving a canvas bag behind on the ship. When the innkeeper at Sakonnet heard about the Sarah Lavinia mystery, he remembered the three mysterious men and tracked them to the Massachusetts. There he discovered the forgotten bag and shirts 'saturated with blood' inside. He quickly alerted the authorities who then tracked Matthews and Babe to their boarding house in New York, where they were arrested and detained.
Under questioning, Matthews and Babe confirmed the captain and mate of the Sarah Lavinia, Charles Dearborn and Walter Nicholl, were dead. After that, their stories diverged. Babe insisted the two men had fallen overboard during an altercation with each other. Matthews said the third escaped man, Webster, had decided to mutiny and killed them both. Matthews and Babe both denied any participation in the murders themselves. However, Matthews accused Babe of killing the only other survivor, the cook; a man Babe insisted was still alive. Commissioner Sylvanus Rapelya arraigned both men for murder and piracy.
Matthews was acquitted when Judge Betts accepted he had been coerced into turning pirate by Babe and Webster. Despite Babe's plea of innocence and the scant evidence against him, he was convicted of the murder of the mate Walter Nicholl and sentenced to hang on 7 March. At his sentencing Babe allegedly told Judge Betts, 'I do not stand here to say much, Sir. I am innocent of the crime which I am said to be guilty of, and if the Court will allow me time I think I can find the cook, who is not dead. The captain and mate fell overboard in a controversy between them. I am innocent of the crime I am found guilty of, that I have killed the mate.''
From the Collection of Paul K. Carr, former UACC President and Noted Expert.
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