Tag Archives: Executive privilege
were I to yield to my own feelings … [or to] … so many respectable persons as have signed the petition, my path would be easy. but on mature consideration the opinion is that it would be an abusive use of the executive power, and would tend to transfer from the grand jury to the Executive the office of deciding whether a person shall be put on his trial or not. between these conflicting motives of personal feeling & of duty, the latter must be supreme.
Thomas Jefferson to John Peter Van Ness, January 9, 1805
Patrick Lee’s Explanation
Must a leader sacrifice 154 opinions for the sake of a principle?
Van Ness and 153 other signatories petitioned Thomas Jefferson to pardon Robert Peacock, arrested on a credible charge of forgery. Peacock’s wife, a well-connected woman of merit with two young children, was greatly maligned by the charges against her husband. The wife promised their family would leave the country if her husband were freed.
The President had the authority to pardon and the opinion of “so many respectable persons” was significant. It would be an easy (and popular!) choice to grant their petition. Yet, doing so would undermine the judicial process while expanding executive (his) authority. He was always cautious about treading on ground occupied by the other two branches of government.
Given the choice between “personal feeling & duty,” he chose duty. It “must be supreme.”