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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO J. McHENRY, SECRETARY OF WAR. - John Adams, The Works of John Adams, vol. 8 (Letters and State Papers 1782-1799) [1853]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 8.

Part of: The Works of John Adams, 10 vols.

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TO J. McHENRY, SECRETARY OF WAR.

Quincy, 16 April, 1799.

Sir,—

I received yesterday your favor of the 8th. If there is no room for Mr. Hastings as a Major, which I believe there is not, you may consider whether there is place for him as a Captain. If there are not candidates of superior claims, he may be offered a captaincy, and if he declines that, another may be appointed.

It is not upon the act of the 3d of March ultimo, that I ground the claim of an authority to appoint the officers in question, but upon the Constitution itself.2 Whenever there is an office that is not full, there is a vacancy, as I have ever understood the Constitution. To suppose that the President has power to appoint judges and ambassadors, in the recess of the Senate, and not officers of the army, is to me a distinction without a difference, and a Constitution not founded in law or sense, and very embarrassing to the public service. All such appointments, to be sure, must be nominated to the Senate at their next session, and subject to their ultimate decision. I have no doubt that it is my right and my duty to make the provisional appointments.

Major Lillie has made me a visit, and I was well pleased with his appearance and conversation. He did not appear to me to be an altered man. I learn from others that he has been, like many worthy men, extremely unfortunate in trade, and his misfortunes have sometimes affected his spirits; but an appointment in the army, upon which his heart is set, it is believed by Colonel Rice, will restore him completely to himself. There is some weight, however, in your objection, that two majors are more than the proportion of one State. With a view to this objection, I wish to be informed of the candidates for his office from other States.

I wish to know whether the Jonathan Williams, you mention, is the gentleman who lived in France when I was there, and now in Macpherson’s house on the Schuylkill. If it is the same, although I have not known much of his military character, his other qualifications are respectable.

Perkins’s lieutenancy for Burbeck, I presume, was on the supposition that himself should be captain, and both stationary for life on the castle. By all that I can learn, Burbeck is well qualified for a captaincy, and has merited it, if very long services without reproach are merit.

It is my intention that all the commissions shall be dated on the same day, and that neither the officers from the Carolinas and Georgia, nor any other officers, shall lose any advantage in rank, by the circumstance of others receiving their commissions sooner. I do not intend, however, that any regulation of rank shall be made, until it has been laid before me. Let especial care be taken that no directions concerning rank be given out by general officers, until I shall have an opportunity to consider and approve them.

I congratulate you on General Macpherson’s good conduct and success.

I have the honor, &c.

John Adams.

Inclosed is a letter from Oliver Whipple, requesting to be a Colonel, which you will please to note among the applications.

[2 ]Mr. McHenry had expressed a doubt whether, under the act referred to, the President had power to do more than fill vacancies in the army and navy, which had happened during that session of the Senate. See the issue in the note to the letter of 16 May, p. 647.