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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 May, 1799.

Sir,—

I have received your letter of the 7th May, and since there appears a difference of opinion concerning the construction of the constitution and the law,1 and as I see no necessity for an immediate appointment, I am content to suspend it for the present, perhaps till the meeting of the Senate.

I think well of Mr. Williams as a gentleman of science and literature, as a good citizen, and brave man. But his military knowledge is new to me. I wish to know if in early life he was one of Paddock’s artillery company. At present, I am much inclined to appoint him, or rather nominate him as major, and the others as captains, as you have proposed. I am happy in an opportunity to appoint Mr. Izard, as well as Mr. Barron; my sentiments of Lillie you know, and Ragsdale’s recommendations are of the first and best kind. Inclosed are all the papers returned.

[1 ]This was upon the question raised in the letter of the 16th of April. See page 632.

It now appears that Mr. McHenry consulted Mr. Hamilton, who confirmed him in his opinion. Hamilton’s Works, vol. v. p. 255.

He had also consulted the Attorney-General, Mr. Lee, who considered an office created during the session of the Senate, and not filled by appointment, by and with the advice and consent of the Senate, as a vacancy happening during the session, which the President cannot fill, during the recess, by the powers vested in him by the constitution, without a legislative act of Congress, enabling him to do it. This legislative act was passed on the 3d of March, 1799, entitled “an act authorizing the President of the United States to fill certain vacancies in the army and navy.” He therefore thought the President had the power of appointment.

Mr. McHenry’s letter says nothing of his having consulted Mr. Hamilton.