[Vol. 37 No. 13 3] T. D. July 3^d 1799. — I have considered the question stated in your ttre of June 29^th and have the honour to communicate it as my opinion, that under the Constitution of the United States, an Officer must be considered as completely vested, by the the nomination of the President, and subsequent advice and consent of the Senate of the United States. — In short the concurrent to of the President & Senate [strikethrough: can accompany and in facto constitute an appointment,] So far is [strikethrough: a commission] the issuing of a form, or Act of appointment, that in my opinion a Commission can be legally issued, unless it is founded on appointment previously made — this construction cannot derogate from the power of the President, as all [strikethrough: appointed] offices, except those of [strikethrough: the] the Judges are determinable by his will. The Laws of the United States [strikethrough: are silent with respect to] have prescribed no formalities with respect to Military Commissions, and have [strikethrough: them] To all civil Commissions, it is necessary that the Seal of the United States, should be annexed but [strikethrough: the] no formalities are prescribed by law in respect to Military Commissions — it may hence be inferred, that the whole Subject is within the Power of the President — It is my opinion, the persons who had [strikethrough: composed the Court Martial] roped sentence on Richard Hunt, were [strikethrough: the] Military Officers — they were competent Judges in a Court Martial — if they were not Military Officers all acts done by them [strikethrough: in that] under colour of their appointments have been unlawful assumptions of authority. — [strikethrough: The answer would be, it is not worthy they had in point] The consequences of admitting a doubt on this point, may be highly injurious to the Service. The record of the Court [strikethrough: appears to have] was in my opinion sufficiently proved prior to the Certification dated April 29. 1799. — I have the hon^r By The Secretary [seal: July 3^d 1799 — the Secretary of the Country recd &c.]