Concerning dragoons and presidential powers
Document 1797Requests the opinion of the Attorney General on executive powers to prevent the arrangement of dragoons into infantry, according to a bill passed in May 1796 in Congress. McHenry concludes by stating that dragoons should not be disbanded due to the state of things on the Indian frontier.
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24 Febry 1797.
Dear Sir
I inclose you a report which brings into view the several acts of Congress relative to the subject referred to you yesterday for your opinion.
[strikethrough: Does] There remain in Congress, or the President a right to [strikethrough: continue] and arrange the dragoons in service as infantry after the [strikethrough: law] in question shall [strikethrough: past into a] Law?
[strikethrough: current act of the]
If the act of May 1796 appertaining to the dragoons be repealed, does it not amount to an absolute discharge of [strikethrough: both] privates as well as officers? and
Can [strikethrough: Does it not appear that the clause on the first section of the act of May aforesaid and be construed to give the President any other power apply such to] men, [strikethrough: other] than a formal authority [strikethrough: when he may] expected [strikethrough: other if to] be in service, [undecipherable] enable him to oblige them while in service, [strikethrough: require them to] act — do duty on horse or foot;
Can that power be considered to exist after the repeal of the said law which conferred it?
I send you also a letter that I have just now received which will shew you the state of things on a part of the Indian frontier, and how necessary it is that these dragoons should not be disbanded. You will oblige me to return both; —
yours very sincerely
Charles Lee
[24 Feb 1797
Charles Lee
Attorney Genl
U. S.]
Type
Autograph Draft Letter
Description
Requests the opinion of the Attorney General on executive powers to prevent the arrangement of dragoons into infantry, according to a bill passed in May 1796 in Congress. McHenry concludes by stating that dragoons should not be disbanded due to the state of things on the Indian frontier.
Date
02/24/1797
Author
Recipient
Repository
Collection
Document number
1797022400001
Page start
1
Note
Draft
Notable persons
Charles Lee
James McHenry
Congress
President
infantry
dragoons
military
privates
officers
Indians
Notable locations
Indian country
frontier
Notable items
Statute
horse

