Discussion of Debts and Imprisonment of Recruits
Document 1791Questions the practicality of the law regarding small debts of men recruited for military service.
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[To the Secretary of War — Manufacturing Debts of the recruits 1797 —
From Bezekiel Howe?]
Sir
When I had the honor of receiving your instructions for the recruiting service, Soles received the rules & Articles of War for the Government of the Troops to be raised supported by the United States —
[strikethrough: Under the from]
From the 6th Secn & 3d Article of the rules & Articles of War I find [strikethrough: this late are] [undecipherable] from the Creditors in case of Soldiers contracting Debt a Resolution of Congress bearing date the 3d day of Sept 1787 which provides against detention from their Creditors under a specific sum — many of my Soldiers have been sued & Held for Small Debts In almost every instance I have commuted with their Creditors & to have them out some have been confined 30 days which by a Law of this State is in debt of a certain description cancels the obligation & liberates them from prison — I have [undecipherable] the opinion of many Gentlemen of the Bars respecting the Resolution referred to they decline deciding on the question — the construction of the resolution above alluded to cannot operate according to its obvious construction, it must have an injurious effect upon the recruiting service, most of those who would enlist have small Debts undischarged, and the Idea of them going away from their Creditors immediately prevents the enlistment of many from entering the Service —
I have taken the liberty of asking the opinion of the Secretary of War on the Subject under a full impression that if in a case so delicate as the one stated I shall be excused for the trouble & pains —
Type
Autograph Letter
Description
Questions the practicality of the law regarding small debts of men recruited for military service.
Date
1791
Author
Recipient
Collection
Document number
1791999940001
Page start
1
Notable persons
Henry Knox
Bezaleel Howe
Secretary of War
Notable items
instructions
recruiting service
Articles of War
debts
Congress
creditors
jail
debts
Law of the State
Gentlemen of the Bar
resolution

