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Lot #81
Andrew Jackson

Jackson argues the Constitutionality of government to invoke unjust laws

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Jackson argues the Constitutionality of government to invoke unjust laws

ALS, one page both sides, 7.25 x 12.5, July 24, 1820. Letter, written from Headquarters, Division of the South in Nashville, to Secretary of War John C. Calhoun. In full: "Your General Order of June 14th 1820 has just reached me. I have directed it to be promulgated to my Division. Will you permit me to draw your attention to this order, and request you maturely deliberate on it, compare it with the rules and regulations under which the soldier is enlisted, and the rights and emoluments secured to him under his compact to serve the U. States by which is secured to him, his monthly pay & rations. Let me then presume to ask you to compare the law with the Genl order of the 14th of June last, and then conclude whether any power exists, competent to take from the soldier eighty five cents out of every hundred of his pay, for the purpose of buying seed, utensils se se for the cultivation of 'wheat and other competent parts of the ration' when by the terms of his compact the government is bound to furnish the soldier rations at its own expense. As far as I have been conversant with the…martial, and the rules and regulations for the Government of the army, it does not appear to me that there is any power competent to retain the soldiers pay, save that of a court martial and then only for the commission of a crime, recognized as such by the laws and regulations for the government of the army.

The order for the cultivation of gardens was for the comfort & health of the Troops; the order for the cultivation of wheat, corn se se is for the benefit of the government by saving them the expense of component parts of the ration by the labour of the soldiery, hence it would seem to me but Justice, that the seed, utensils & farming tools should be laid in by the Government and not taken from the pittance of the soldiers pay. I really cannot believe that any power exists of applying the pay of the soldiers to the purchase of farming utensils and seed for the benefit of the Government. How will the commanding officer collect this from the soldier; suppose this order a violation of the compact under which the soldier was enlisted. How will the officer satisfy himself in laying his hand upon eighty five cents out of every hundred of the soldier's pay to purchase wheat, seed, corn, axes, wedges…Suppose the soldier appeals to the laws for redress to recover his pay; will not the laws of the land afford him relief from this order; nay farther; may it not lead to serious decision in court martial, and may not the soldier, after being deprived of his pay contrary to the terms of his enlistment, on the charge of desertion, with great force oblige in his defense, that the government has violated the contract with him when enlisted…Be assured that these remarks are made with most friendly views, to draw your close attention to the order and its consequences, believing that you have not well considered the subject before the order was issued."

Reverse of second integral page bears a full free frank, addressed in Jackson's hand to Calhoun, and franked in the upper right, "(Private) Andrew Jackson, major Genl. Comdg, D. Of the South," and stamped "Free" above his signature. Partial separations along very fragile intersecting folds, a few separations lightly affecting legibility, tape reinforcement along horizontal folds of reverse of letter, as well as along hinge, and scattered toning and soiling, otherwise very good condition.

During his tenure as secretary of war under President James Monroe, Calhoun was considered an able administrator who oversaw a review of the department's operations and accounts-but not in the eyes of Jackson, who always considered him a political rival. Defending his men, Jackson here requests the war secretary revisit a recent order, "maturely deliberate on it, compare it with the rules and regulations under which the soldier is enlisted, and the rights...secured to him under his compact to serve." He also asks Calhoun to "conclude whether any power exists, competent to take from the soldier eighty five cents out of every hundred of his pay," stressing "as I have been conversant with the…the rules and regulations for the Government of the army, it does not appear to me that there is any power competent to retain the soldiers pay, save that of a court martial and then only for the commission of a crime, recognized as such by the laws and regulations for the government of the army." Despite their dislike for each other, Jackson and Calhoun were forced to campaign together as presidential and vice presidential candidates, respectively, in the 1828 election At first, the men seemed to work together well-a short-lived scenario that soon unraveled as they continuously disagreed over numerous policies...and became more strained when Jackson discovered that his current vice president, during his tenure as secretary of war, had encouraged Monroe to censure Jackson after he invaded Spanish Florida in 1818. Lengthy and interesting content as the future president rushes to the defense of his men and an unjust financial request against an old foe. Pre-certified John Reznikoff/PSA/DNA and RRAuction COA.

Auction Info

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  • Dates: #368 - Ended March 09, 2011





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