From George Washington to the U.S. House of Representatives, 28 February 1797
To the United States House of Representatives
[United States, 28 Feb. 1797]1
U.S. Gentln of the house of representatives.
Having maturely considered the bill, to alter and amend an Act intitled an Act to ascertain and fix the military establishment of the United States, which was presented to me on the 22d day of this month2 I now return it to the house of Representatives, in which it originated, with my objections.3
First. If the bill passes into a law, the two companies of light dragoons will be from that moment legally out of service, though they will afterwards continue actually in service, and for their services during this interval, namely from the time of legal to the time of actual discharge, it will not be lawful to pay them, unless some future provision be made by law. Though they may be discharged at the pleasure of Congress, in justice they ought to receive their pay not only to the time of passing the law, but at least to the time of their actual discharge.
Secondly. It will be inconvenient and injurious to the public to dismiss the light dragoons, as soon as notice of the law can be conveyed to them one of the companies having been lately destined to a necessary and important service.4
Thirdly. The companies of light dragoons consist of one hundred and twenty six non commissioned officers and privates, who are bound to serve as dismounted dragoons when ordered so to do: they have received in bounties about two thousand dollars; one of them is completely equipped, and above half of the non commissioned Officers and privates, have yet to serve more than one third the term of their inlistment; and besides there will in the course of the year be a considerable deficiency in the complement of infantry intended to be continued. Under these circumstances, to discharge the dragoons, does not seem to comport with oeconomy.
Fourthly. It is generally agreed that some cavalry, either militia or regular; will be necessary; and according to the best information I have been able to obtain, it is my opinion, that the latter will be less expensive, and more useful, than the former, in preserving peace between the frontier settlers, and the indians, and therefore a part of the military establishment should consist of cavalry.5
Df, partly in James McHenry’s hand, MiU-C: McHenry Papers; LB, DLC:GW. For a printed version of this document, see , Military Affairs, 1:117. Below the salutation, McHenry wrote “(Message as sent).”
1. The date is taken from the LB. Additionally, the U.S. House journal indicates that the recipient’s copy was dated “UNITED STATES, February 28th, 1797” (, 9:253).
2. On 22 Feb., the “joint committee for inrolled bills” waited “on the President of the United States, and present, for his approbation, an inrolled bill, intituled ‘An act to alter and amend an act, intituled, ‘An act to ascertain and fix the military establishment of the United States’” (, 9:227). As its title suggests, the bill served as an attempt to repeal and amend the “Act to ascertain and fix the Military Establishment of the United States,” passed by Congress on 30 May 1796 ( 483–86; see also McHenry to GW, 27 June 1796 [first letter], and n.5 to that document).
In January 1797, the U.S. House of Representatives already had begun to consider amending the 30 May 1796 act. On 5 Jan., the House called for the appointment of a committee to determine the necessity of revising the law, and a report on the matter was read before the House on 13 January. On 24 Jan., the House passed resolutions with proposed amendments to the 1796 act. The House’s proposals called for the repeal of the following sections of that law: those pertaining to the light dragoons; section 3, which mandated one major general; and section 23, “as may be construed to affect the brigadier-general and his staff.” The House deemed a major general and his staff unnecessary, and instead proposed “one brigadier-general, who may chuse his brigade-major and inspector, from captains and subalterns in the line.” Other recommended changes related to officer pay and the reduction of the infantry regiments from four to three. For all proposed amendments, see , 9:78, 95–96, 113, 116–20. A “bill to alter and amend” the 1796 act was first presented before the House and read on 30 January. The House considered the bill for several days and added more changes before passing it on 8 Feb. and delivering the revised bill to the Senate (, 9:133, 169). The Senate approved the bill on 20 Feb., shortly before it was presented to GW for his review on the 22nd (see , 9:216).
3. The present document was delivered to the House on this date by GW’s secretary George Washington Craik “who, by command of the President, returned to the House, the bill … to which bill the President having made objections.” GW’s objections were read before the House on 28 Feb., and a motion was made to reconsider the bill (, 9:253–54). On 1 March, the House re-read GW’s objections and passed a resolution to appoint a committee to prepare a new bill, which would amend and partly repeal the act of 30 May 1796. On 3 March, GW approved and signed the “Act to amend and repeal, in part, the Act” of 1796 ( 507–8; see also , 9:174; and , 9:257–59, 294).
4. A company of dragoons had been ordered to escort, to Tellico Blockhouse, Benjamin Hawkins and the other commissioners appointed to mark the boundary lines between the United States and the Creek, Cherokee and Chickasaw nations (see n.5 below; see also GW to the U.S. Senate, 19 Jan., and n.1 to that document).
5. GW made the above objections based on information he had received from Secretary of War James McHenry a few days earlier. On 25 Feb., McHenry wrote GW: “The following facts and results are respectfully suggested for consideration.
“1. The military establishment is deficient in its complement of men. Besides,
“2d There are 806 Soldiers whose times of service will expire in the course of the Year 1797 and who must be replaced by inlistments.
“3. The two Companies of Dragoons consist of One hundred and twenty six non commissioned Officers and privates.
“4. Of these dragoons the period of inlistment of Ten only will expire during the present Year.
“5. Agreeably to the contract of inlistment and existing law, these dragoons when not wanted as such, are obliged to serve as foot.
“6. According to the Bill entitled ‘A Bill to alter and amend an Act intituled “An Act to ascertain and fix the military establishment of the United States”[’] the Men composing these two companies will be out of service or discharged the moment it shall pass into a law.
“7. By thus discharging them, the United States will lose their services for the residue of their terms of inlistment and two thousand and sixteen dollars the amount of the bounty which it will require to inlist an equal number of men.
“8. It is not provided in the Bill that they shall receive pay after the time assigned for their discharge; of course, as it may be two months before they can receive orders to disband, they must be deprived of pay for the period between the passing of the law and their discharge unless Congress shall authorize it by a future act.
“These facts would appear to indicate the propriety of a revision of the Bill for the purpose at least of altering it so, as to enable the President to incorporate the dragoons with the Infantry on the dismission of their Officers and that the United States may not be deprived of the time they have yet to serve.
“But there are other facts deserving of attention.
“The frontier of Georgia bordering on the Creeks, requires for its protection in times of peace two or three Companies of cavalry or mounted militia: at least such has been the opinion of successive Governors of that State and such the pressure of information upon the Executive as have obliged it to authorize this species of defence. See the annexed letters from Governors of Georgia of the dates 19. February. April 1. and August 5. 1794. January 30. April 16. and August 15 1795. March 14 and 23 September 1796 and extract of a letter from the late Major General Wayne dated the 29 August 1796.
“The expence of the militia horse which have been authorized and employed on the Georgia Indian frontier from June 1794 to September 1796. averages forty seven thousand six hundred and fifty two dollars per annum, a sum exceeding the cost of two companies of dragoons for the same period of time.
“The expence of a troop of Militia horse as will appear by the annexed estimate, is twenty three thousand and fifty five dollars per Annum, that of a company of Dragoons on the establishment twenty two thousand two hundred and twelve dollars.
“Should the two Companies of Dragoons answer the same purposes as the Militia horse heretofore employed and there can be no doubt but that they will answer an infinitely better there would be a saving to the United States of three thousand two hundred and twenty eight dollars ⅌ annum, by substituting them in their place.
“The Creeks commit thefts on the frontier settlers, or make their predatory irruptions on horseback, consequently cannot be pursued to advantage by other than horsemen, or their approach announced to the Inhabitants or garrisons speedily as by horsemen.
“The troops in Garrisons or forts may overawe the Creek nation generally, and thus preserve a kind of peace; but the intervals between posts in that comparatively open Country can be guarded from their banditti by horsemen only.
“Exclusive of these permanent occasions for horse, there are particular reasons why they should not be disbanded at this juncture.
“The Commissioners who are to run the boundary lines between the United States and the Creek, Cherokee and Chickasaw Nations cannot proceed without an escort of horse. A Company of Dragoons now serving on the frontiers of Georgia have in consequence been ordered upon that duty. If these are to be disbanded, that work must be dropt or suspended till Militia Cavalry can be substituted.
“But the dragoons are necessary on another account. Some parts of the frontiers of Georgia and Tennessee are in a very irritable state, and the number of Intruders on Indian land daily increasing for want of a proper force to prevent it. The intruders on the Cherokee lands alone are estimated at five hundred families. Militia horsemen drawn from the frontiers are not the best adopted to obviate further intrusions, or concur efficaciously in operations to dissipate present settlements.
“Whether any or all of these considerations are of sufficient weight to render it proper to return the Bill for revision is respectfully submitted.
“Should it be returned the annexed form of a Message has been prepared for deliberation” (L, DLC:GW). The “annexed estimate” has not been identified. The enclosed “form of a Message” to the U.S. House of Representatives has not been identified, but see n.3 above. The extract of Anthony Wayne’s letter to McHenry of 29 Aug. 1796 has not been identified, but for the full letter, which discusses Creek Indian incursions in Georgia, see , 519–20. The enclosed letters from Georgia governors George Mathews and Jared Irwin have not been identified, but copies of the 14 March and 23 Sept. 1796 letters from Irwin to McHenry, reporting Indian depredations on the Georgia frontier, are in G-Ar. For McHenry’s correspondence with Attorney General Charles Lee on legal issues relating to these points, see McHenry to Lee, 24 Feb. 1797, and Lee to McHenry, 25 Feb. 1797, in DLC:GW.