ALS as president signed “J. Tyler,” one page, 4.5 x 7, April 20, 1842. Letter to his Attorney General Hugh S. Legare. In full: “I wish your opinion upon the following question viz: If the President is not fully satisfied with the opinion of a Naval Court Martial, has he authority under the Law to refer the case back to the Court for reconsideration?” Double matted and framed with a seated portrait of Tyler and a small caption, to an overall size of 19.5 x 14.25 In fine condition, with intersecting folds, one through a single letter of signature, a few extra creases, and some stray ink flecks.
Tyler seeks input from his attorney general regarding a president’s Constitutional powers in this missive pertaining to the case of Navy Captain John H. Clack, who had been court-martialed and dismissed from the service. In August 1842, Tyler sent a special message to the US Senate regarding this matter and his reinstatement of the officer, stating in that message that ‘as the court-martial would not have been ordered by the present Secretary...I have felt that it was alike due to the general service of the Navy as to Mr. Clack to nominate him for reappointment to the service.’ Legare, the recipient of this letter, was named attorney general in 1841, serving until dying in office in 1843.
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