Fillmore, Millard (1800-1874) The Case of General Gratiot
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Gilder Lehrman Collection #: GLC01807 Author/Creator: Fillmore, Millard (1800-1874) Place Written: s.l. Type: Autograph manuscript signed Date: 6 December 1850 Pagination: 25 p. ; 30 x 20 cm. Order a Copy
Summarizes all the details of the case of the War of 1812 hero, General Charles Gratiot, from Gratiot's 1838 dismissal order through various appeals during the John Tyler administration. This brief was possibly prepared by a clerk for Fillmore's review and opinion. On page 25, Fillmore gives his conclusion on the case and writes about the presidential power of the right of removal vested by the constitution. He states, "It may have been good or bad, right or wrong, but the act itself was constitutional and perfect, and nothing can restore him [Charles Gratiot] but the appointing power, reexerted in his favor, and this power consists not of the president alone, but of the president and Senate ... " Labeled on the last page "Paper A / Accompanying the Memorial of Gen. Gratiot dated 3d Dec 1850 to the Senate." Accompanied by paper scrap describing the brief, "Gen Charles Gratiot U.S.A. Dismissed from the service by President Van Buren. This Brief is all in the handwriting of Hon Millard Fillmore. Subsequently Prest. of U.S."
In 1838 Gratiot was dismissed from the military by President Martin Van Buren because of inaccuracies in his accounts that showed he owed the government $35,000.
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