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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 unforesaid consdiering the offices in it [undecipherable] during a Session of Senate. [undecipherable] and never filled, as vacancies happening, either during the Session or otherwise? That the attorney general had given his opinion, which [undecipherable] [undecipherable] [undecipherable] 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. That this Legislative Act was passed on the - [undecipherable] March 1799 - "An Act authorizing the President of the of the United States, to fill certain vacancies in the Army and Navy, which having been filled had become vacant during the Session, and also to embrace new offices enacted during the Session which never had been filled, but remained vacant, on the 3rd of March 1799-" [undecipherable] [undecipherable] & took the liberty to differ from the opinion for reason detailed in my said [undecipherable], and which you [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] in [undecipherable] [undecipherable] relative to the appointments to the additional Batalion in question. [undecipherable] [undecipherable] [undecipherable] The reasons which are ordered to my former [undecipherable], and still operative upon my [undecipherable] - but it is time they can have [undecipherable] - and the Attorney General's opinion which that [undecipherable] states