Thomas Jefferson Papers

From Thomas Jefferson to Henry Dearborn, 13 August 1802

To Henry Dearborn

Monticello Aug. 13. 1802.

Dear Sir

I inclose you more militia resignations, as also a petition of Benjamin Dame of Newington praying the discharge of his son under age enlisted in the army. this being a matter of right, and not of discretion in us, which he might effect by a Habeas Corpus, I hold it a duty that he be discharged. if I recollect rightly we did the same in a similar case on some former occasion. Accept assurances of my affectionate respect

Th: Jefferson

PrC (DLC); at foot of text: “The Secretary at War.” Recorded in SJL with notation “Dame’s petn.” Enclosures: Benjamin Dame to TJ, 30 July 1802 (recorded in SJL as received from Newington on 12 Aug. with notation “W,” but not found). Other enclosures not identified.

On 17 Aug., Dearborn ordered Lieutenant Colonel Thomas H. Cushing of the First Regiment of Infantry to discharge Private John DAME from the United States Army, “provided he is not twenty one years of age” (DNA: RG 107, LSMA; JEP description begins Journal of the Executive Proceedings of the Senate of the United States . . . to the Termination of the Nineteenth Congress, Washington, D.C., 1828, 3 vols. description ends , 1:413).

For a SIMILAR CASE, which involved the discharge of underage soldier Bartholomew Burrus, see TJ to Dearborn, 27 June 1801.

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