Can the President Make Army Appointments When the Senate is in Session?

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Type

Letter Signed

Description

McHenry argues, contrary to President Adams' assertion, that the President is not authorized by the Constitution to make appointments to the Army without Senate approval when the Senate is in session unless allowed to do so by an Act of Congress.

Date

04/26/1799

Sent from

War Department

Document number

1799042600001

Page start

1

Note

Cited in Hamilton to McHenry, 05/03/1799. Syrett listed this document in the appendix to Vol. 23.

Notable persons

Alexander Hamilton
James McHenry
Army establishment
additional battalion
2nd Regiment of Artillerists and Engineers
Courts of Law
heads of departments
levies
Commissioned Officers
Cavalry
regimental officers

Notable locations

War Department

Notable items

appointments
your [Hamilton's] opinion
authority of the President
Act of Congress
Constitution of the United States, Article 2, Section 2
vacancies
recess of the Senate
commissions
next Session
protection of the frontiers
advose and consent