New York May 3^d 179[9] 44 Sir After mature reflection on the subject of your letter of the 26^th of last month; I am clearly of opinion that the President, has no power to make alone the appointment of Officers to the Battalion, which is to be added and [strikethrough: is] annexed to the Second Regiment of Artillery and Engineers. In my opinion Vacancy is a relative term and presupposes that the office has been once filled. If so, the power to fill the Vacancy is not the power to make an original appointment. The term "which may have happened" serves to confirm this [undecipherable] and [undecipherable] having been [undecipherable] filled, have become vacant by accidental circumstances. This appears to be the most familiar and obvious sense, and in a matter of this kind it could not be adviseable to exercise a doubtful authority. It is clear that independent of the authority of a Special law, the President cannot fill a vacancy which happens during a Session of the Senate. With great respect I am Sir A. Hamilton [Docket: 3 May 179[?] / [undecipherable] Hamilton / Opinion as to [undecipherable] / [undecipherable] / [seal]]