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batalions ordered to the 2nd Regiment of artillerists, and an act of Congress - I had thought it advisable to [undecipherable] the opinion of the  attorney general whether existing Laws, or the Constitution itself. with & authority in the President & under all circumstances, to appoint officers to the said additional Batalion <s>unforesaid</s> consdiering the offices in it [undecipherable] during a Session of Senate. <s>[undecipherable]</s> and never filled, as vacancies happening, either during the Session or otherwise? That the attorney general had given his opinion, which <s>[undecipherable] [undecipherable] [undecipherable]</s> office created during a Session of the Senate, and not filled by appointment, by and with the advice and consent of the Senate, must be considered as a vacancy, happening during the Session, which the President cannot fill during the recess - by the powers vested in him by the Constitution, without a Legislative Act of Congress enabling him to do it.