[James McHenry recd] [Kept at the] [Copy] Quincy, Apr. 16^th 1799 [15] Sir I reced yesterday your favour of the 8^th If there is no room for M^r 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 3^d of March last that I ground the Claim of an Authority to appoint the Officers in question, but upon the Constitution itself. 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 on the recess of the Senate and not Officers in 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 make the Permanent Appointments. Major Littler 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 have been told that he has been like many worthy men exceedingly unfortunate in trade and that his misfortunes have sometimes affected his Spirits but are [undecipherable] in the Army upon which his heart is set, it is [undecipherable] by Col. Rice and restore him completely to himself. There is [undecipherable] honors in your Sphere, 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 this Office from other States. I wish to know whether the Jonathan Williams you mention is the gentleman who lived in France a long time not there and now in M^r [undecipherable: probable reading — Hessons] house on the Schuylkill — If it is the same although I have not known [undecipherable] of his [undecipherable] character his other Qualifications are respectable. Brevet Lieutenancy for Dunbar I presume was on the [undecipherable] that [undecipherable] should be Captain and both stationed for life on the Castle. By all that I have been Informed is well qualified for a Captaincy and his merits of many long services without reproach are much. It is my intention that all the Commissions shall be dated on the same day and that the Officers from the [undecipherable] and [undecipherable] and any other Officers shall have any advantage in Rank by the circumstance of their 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 special care be taken that no decisions concerning Rank be given out by General Officers, until I shall have an opportunity to consider and approve it — I [undecipherable] can on General M^cPherson your [undecipherable] and [undecipherable]. I have the honor to be Sir Your very hum^ble Serv^t Enclosed is a letter from Oliver Whipple requesting to be a Colonel which you will please to take among the Applications. James M^cHenry Esq. Sec^t. [undecipherable]