University of Virginia Library

TO JAMES MONROE.

Dear Sir, I am just favored with yours of the
12th, in which you ask whether I recollect any case
of a "nomination of an officer of the Army to a
particular office, to take rank from a certain date,

in which the Senate have interposed to give rank
from another date?" and again, whether I recollect
"any instances of filling original vacancies, in civil
or military Offices in the recess of the Senate, where
authority was not given by law?"

On the first point I have no particular recollection,
but it is possible that there may have been cases
such as you mention.[33] The journals of the Senate
will of course present them if they ever existed.
Be the fact as it may, it would seem that such an
interposition of the Senate, would be a departure
from the naked authority to decide on nominations
of the Executive. The tenure of the officer, in the
interval been the two dates, where that of the
Senate was the prior one would be altogether of
the Senate's creation; or if understood to be made
valid by the Commission of the President, would
make the appointment originate with the Senate,
not with the President; nor would a posteriority
of the date of the Senate, possibly be without some
indirect operation beyond the competency of that
Body.

On the second point, although my memory
cannot refer to any particular appointments to
original vacancies in the recess of the Senate, I am
confident that such have taken place under a pressure
of circumstances, where no legal provision had
authorized them. There have been cases where
offices were created by Congress, and appointments
to them made with the sanction of the Senate, which
were notwithstanding found to be vacant in consequence
of refusals to accept them, or of unknown
death of the party at the time of the appointment,
and thence filled by the President alone. I have a
faint impression that instances of one or both occurred
within the Mississippi Territory. These however
were cases of necessity. Whether others not
having that basis have occurred my present recollections
do not enable me to say.

In the inclosed English Newspaper is sketched a
debate in the House of Commons throwing light
on the practice there with respect to filling military
vacancies in certain cases. If I understand the
sketch from a very slight perusal, the rule of promotion
is not viewed as applicable to original
vacancies. In the abstract it has always appeared
to me desirable that the door to special merit should
be widened as far as could possibly be reconciled
with the general Rules of promotion. The inconveniency
of a rigid adherence to this Rule gave
birth to Brevets; and favors every permitted mode
of Relaxing it, in order to do justice to superior
capacity for public service.

The aspect of things at Washington to which you
allude could escape the notice of no one who ever
looks into the Newspapers. The only effect of a
political rivalship among the members of the Cabinet
which I particularly anticipated & which I believe
I mentioned once in conversation with you, was an
increased disposition in each to cultivate the good
will of the President. The object of such rivalship
on & through the proceedings of Congress is to be
ascribed I hope to a peculiarity and Combination
of circumstances not likely often to recur in our
Annals.[34]

I am afraid you are too sanguine in your inferences
from the absence here of causes which have most
engendered & embittered the spirit of party in
former times & in other Countries. There seems
to be a propensity in free Govts. which will always
find or make subjects, on which human opinions &
passions may be thrown into conflict. The most,
perhaps that can be counted on, & that will be
sufficient, is, that the occasions for party contests
in such a Country & Govt. as ours, will be either
so slight or so transient, as not to threaten any
permanent or dangerous consequences to the character
& prosperity of the Republic. But I must
not forget that I took up my pen merely to answer
your two inquiries, and to remind you that you
omitted to answer mine as to your intended movements

after the release from your confinement at
Washington.