Thomas Jefferson Papers

To Thomas Jefferson from Eliza Peacock, 6 March 1805

From Eliza Peacock

Wednesday 6 March 1805

Sir

The unhappy and distressed Eliza Peacock, respectfully incloses the President of the United States, her Petition in behalf of her unfortunate husband, together with a recommendation of a number of Ladies, whose Character and respectability are not wholly unknown to your Excellency.

A Copy of her Letter to the Judges who presided on the Trial of her husband, and their respective answers are also inclosed.

A Copy of a Letter written by her to John T Mason Esqr., which produced a call of Friendship, dictated by his humanity and tenderness, and a Letter to your Excellency on the Subject of the application for Pardon, (in addition to his Signature to the recommendation) also inclosed.

A Copy of a Letter to Walter Jones Esqr., the Attorney for the district, is inclosed, altho’ no answer has been received—

A Letter from the Clerk of the Court which shews to your Excellency, the general wish of the inhabitants—as the very weak and reduced state of health, which this Calamity has brought her to, has prevented a more general application for Signatures to the recommendation.

She begs leave to state, that it was the intention of Majr. Hugh Holmes of Winchester, to have spoken with you on behalf of our distresses (having Known us during a period of eight years, while we resided in Frederick County Virginia) as the inclosed note will shew—but being prevented, he put his name to the recommendation.

She also begs leave to state, that before Majr. Holmes came to the city, she had addressed a joint Letter to him and Mr. Magill, whose acquaintance and intimacy with her husband, she thought would justify requesting their aid in procuring a petition from Winchester—the Mail has just brought Mr. Magill’s answer, which she takes the Liberty to inclose also—

all which are respectfully submitted by Your Obedient Servant

Eliza Peacock

RC (DNA: RG 59, GPR); endorsed by TJ as received 6 Mch. and “Petn.” and so recorded in SJL with a brace connecting it to Robert Ware Peacock’s Peition of 5 Mch. Enclosures: (1) Eliza Peacock to William Cranch, 17 Feb., addressing him on behalf of her husband, Robert Ware Peacock, noting distresses of herself and her children resulting from his confinement; a petition is about to be presented to the president signed by nearly 200 “respectable Characters,” including most of the jury and grand jury that tried her husband’s cases; in addition, with the “Friendship and kind assistance of Mrs. Madison,” she has obtained the signatures of some 100 “Ladies of respectability” to a similar petition; Peacock is informed that these petitions will also require a recommendation of mercy from the judges of the court; she was raised in “the Lap of Ease” and she and her children have relied completely on her husband for their support; their house is about to be sold, leaving Peacock with “no where to lay my head”; she realizes her husband’s guilt, but assures Cranch that he has learned his lesson and that his continued imprisonment would punish his “innocent family” more than himself; she has written a similar letter to Judge William Kilty; in a postscript, Peacock adds that the number of signatures to the petition has doubled, her house has been sold, and she remains there only through the kindness of the purchasers (Tr in same). (2) Cranch to Peacock, Washington, 18 Feb., stating that he cannot, in his official capacity as judge, sign Peacock’s petition for mercy, as “A Line must be drawn between the feelings of the man and the duty of the Judge”; he considers the punishment in the case to be “mild and just” (RC in same). (3) Kilty to Peacock, Washington, 20 Feb., stating that recommendations granted by the judges have involved cases in which the law required them to pronounce sentences that, in their opinion, were disproportionate to the offense, or in which a “Considerable part” of the sentence had been satisfied; Kilty is willing to provide a statement of the case either to the president or to Robert Ware Peacock and his friends, but signing the current petition “would be Contrary to my Sentiments and to my duty” (RC in same). (4) Eliza Peacock to John Thomson Mason, Washington, 1 Mch. (Tr in same; in Peacock’s hand; at foot of text: “Copy”; see Mason to TJ, 5 Mch.). (5) Peacock to Walter Jones, Jr., Washington, 27 Feb., asking his “Kind and humane interposition with the President”; she assumes Jones is aware of the petition for pardon about to be presented to the president, as well as a recommendation for mercy signed by nearly 300 persons and another signed by 200 ladies; “Enveloped in a cloud of misfortunes, struggling with poverty and disgrace,” Peacock, if this attempt for her husband’s release fails, will have “no hopes for peace or comfort this side the Grave” (Tr in DNA: RG 59, GPR). (6) Uriah Forrest to Robert Ware Peacock, 4 Mch.; Eliza Peacock called on Forrest to know why he did not sign the petition to the president to remit her husband’s punishment; Forrest supports the petition’s object, but believes it unnecessary or improper unless it comes from those with whom the president is acquainted or in whom he has confidence; in his official situation, Forrest finds it to be “the wish almost Unanimous” that the president should pardon Peacock, for his continued imprisonment would only punish his wife and children (RC in same). (7) Archibald Magill to Eliza Peacock, Winchester, Virginia, 2 Mch., stating that her letter arrived late yesterday and that he and Major Hugh Holmes will immediately draw up a petition and obtain signatures, which will be forwarded by the first safe opportunity (RC in same). Other enclosures not found.

petition from Winchester: an undated address “To the Honourable the President of the United States of America,” signed by 21 residents of Frederick County, Virginia, who, feeling for the “deplorable state” of the Peacock family, in “the strongest terms” recommend “this fallen & wretched man to the clemency of his Country” (MS in DNA: RG 59, GPR; endorsed by Jacob Wagner). One of the signers, Archibald Magill, enclosed the address in a letter to Eliza Peacock, dated Winchester, 6 Mch., in which he explained that Hugh Holmes would also have signed had he not already affixed his signature to a similar petition in Washington (RC in same). Another address to the president, dated Bladensburg, Maryland, March 1805, and bearing 11 signatures, asked pardon for Robert Ware Peacock “in consideration of the misery and distress under which his Wife and two Children, the innocent victims of his misconduct, now labour, and which without your interference must greatly accumulate” (MS in same; at head of text: “To the President of the United States”).

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