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[undecipherable] consider offices erected, and never filled as presenting no vacancies - relative to which either the Constitution or or the Act of Congress of the 3rd of March 1799 (if still in force) would operate. But Sir the Act of the 3rd of March 1799 will be found as to the extend the authority given by it, only to appointment to fill vacancies in the army and Navy - which [undecipherable] happened during the 9then) present Session of of the Senate. The uninform opinion I have ever held on the Subject of appointments to fill the offices erected in the additional Batalion