Letter to William H. Cabell, 1807 August 11.

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Letter to William H. Cabell, 1807 August 11.

Jefferson responds to Cabell's request for an opinion on a Congressional act for accepting the service of volunteers in the armed services. He explains in general that strict construction should not interfere with the original intent of a law and states that the purpose of this particular law was to provide relief for the militia and the executive has the discretion to determine the means of doing so. Jefferson then replies to four specific questions on the organization of volunteer forces : 1) can companies be formed before commissions are issued? 2) can officers be appointed to regiments already in existence? 3) can the state governor issue officers commissions before the president has organized the regiments? and 4) should volunteers be accepted before commissions are issued? Jefferson responds that general executive powers allow officers to be appointed by warrant before commissions are issued and that state governors have the power to accept offers of service. He then observes that all offers of service be accepted so that a surplus in one district may supply a deficiency in others and that a preference be given to men volunteering for the regulars.

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SNAC Resource ID: 7602166

University of Virginia. Library

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