The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-28
WAsHIsaTos, Nov. "a. Isit


WASHINGTON, Nov -. 1916
Case If Lieut.. Sehaurnburg.
Lieut.. schaumburg has published the matter of his pc
ion TO the Circuit Court of the United States Of this
District for writ OF mandamus upon tho President, TO
restore the petitioner TO his rank and position in the
army, Sc From this pamphlet we make the following
extracts in exposition OF the case.
First there il letter 10 the President from the counsel
OF the petitioner as follows -:
wasHrNGro- November 81, ls46.
To HIS ExcELLENcY JAMES X. Polk, PRESIDENT or
UNITED STATES =
In yindcation of the legal vested and Just rights of
First Lieutenant James w schaumburg OF the first regi
ment Of Dragons, in the army OF the United States,
have upon due consultation advised him to present his
case 10 the Judiciary department OF the government for
hearing and determination.
intending any dsrespect TO you the constitutional
lawful powers of the President, and the commender.in
chief oft army and navy of the United States.
We well know that errors, uninentional ara likely
happen, when only side of is presented 10
the vew-when only the one party is heard
We have the honor to present herewith statement of
Lieutenant Schaumburgs case, founded upon facts,
verified by the records of the Adjutant Generals office
OF which we have authentic copies referred to in the
petition to the court
What part of the documents and facts attested by
them may have been omitted when you were led to the
conclusion that James w. Schaumburg an Off
Ger of the army, and therefore ordered his be
erased from the Army Register wherein it had a place
by order of your predecessor in office is for to
say, your order OF the oath of March, lsl5 directing
MS name to be erased from the official Army Register
having been improperly printed therein, made with
out notice or opportunity 10 Lieut. Schaumburg to pre-
sent the facts upon which his rights were founded
Whether the facts, now presented by his petition to
the court and verified by the records Of the Adutsnt
Generals office, are sufBcentto charge your former
opinion, Is question for your own consideration and
Judgment, II voluntarily you shall think fit to review
James w. sohaumburg to be erased from the Army
Register but without reprcach to him.
These facts to be ndubitable evidenced by the
records of the Adiutant Generals office =
LIST That Lieutenant Schaumburg holding the COM
mission Second Lieutenant of Dragons regularly is
nSRnt n he Sam
did by his letter OF 9th June 1885, at Fort DesMones
tender the resignation of that commission to take effect
on the 3lst October. 1886.
ID That tender OF resignation of the office Of Second
Lieutenant received at the War Department on the
23d june 1886 and then and there by the endorsement
made upon it, accepted to take effect the July,
lss6. instead of on the 3lst October, as rendered.
in general order that day (No Az stated to have
resigned his commission of First Lieutenant Ia commits
sion not then held by him. and that President had
accepted it, to take effect on the 3lst July, 1885
4th That on the first day of July 1885, commission,
Lieut., schaumburg appointing him to the Office Of First
Lieutenant OF DRAGONS was signed by the President
countersgned by the Secretary of War; sealed record
ed, and thereafter transmitted to Lieut. Schaumburg
(which, when received, he accepted)
oth That on the 9th July in general order Of that
Lieut. schaumburg had been promoted to the office of
First Lieutenant Of Dragons to rank such from the
LIST Of March, 1886.
9TH No other resignation, tender Of resignation,
than that of the 9th OF June 1885, to take effect the
3st OF October 1885, endorsed the 23d Of June
1885, of the commission OF Second Lieutenant can be
iound no other than this resignation June, 1885,
was presentedor accepted
7th The general order OF June, 1885, No a. is found
ed on the resignation of 9th June 1885, file
dorsed and accepted to take effect the 3st July
and on no other date, although enormously stated as
resignation OF the office of first lieutenant, instead Of the
office of second Lieutenant
Sth The and blunder in the order of 30h June,
1885, NO. A. are proved by the resignation itself by the
after commission in July and by the general Or
der Of the 9th July, 1886 announcing James W schaum
burg as first lieutenant of dragons take rank such
from the LIST of March, 1896.
cts are inn rtaut and hall
not brought to Light and seriously considered until pre-
sonted TO the view of your predecessor in Office who
as first lieutenant of Dragons by virtue of his appoint.
ment and commission by and with the advice and con-
still holds.
Considering the difficulty Lieut. schaumburg had ex.
perlenced In getting his name restored to the Army Re.
gster by the decision and order Of your
In ONCE and your review and reversal of that by
your order OF the Gath March, lsl5 advised resort
10 the judiciary settle forever this vexed question
TINS inconsistency and fuctuation Of executive opinion
upon the case OF Lieut.. Schaumburg.
Nevertheless to learn that the facts presented now by
the petition verified by the documentary evidence of
cord in the adutant generals office had been under
your consideration when you made the order of Gath
March, isl5 and that they deemed by you of su-
Gent weight to change your former opinion ORDER
20 as to induce to order the Of Lieut. schaum
burg to be restored to the official army register would
be far more agreeable to Lieut. schaumbuTg and to u.s.
than to press the case to final hearing and determine.
ton in the court.
We are. with very high respect and consideration,
your fellow citizens,
GEO. NJ BIBB,
RID. S. COKE.
JOHN III. EATON.
Next follows the appeal 10 tho Court a long and par
ucular statement Of the based upon the of the
letter which the learned counsel concluded with the
following request
Your petitioner therefore respectfully asks of this
honorable Court 10 grant him. upon the matters of his
petition rule upon his Excellsncy the President of the
United States, James X Polk, and upon the Hon VIM
L. Marcy, Secretary of War; and upon General Roger
Jones, Adjuant General of the Army of the United
States to show Gf any they or either can) by
some ea:y day, to be assigned by the Court why the
name OF petitioner should not be restored to its pro-
per place IN the official army register and he be held
declared and adudged to be entitled to his proper and
appropriate rank in the said army, and entitled TO the
rights privileges, and emouments lawfully appertan.
ing to his commission nrst lieutenant the first re-
8men OF Dragons, as by the aforeme ntioned commits
SON. bearing sdats5 the LIST day OF July in the year
st ear Lord thousand eight hundred thirty
IN the sixtieth Of the independence of the United
states to take rank such from the day of March,
IN SAID year, and here to the Court shown marked
as exhibit Az.
.n..HI GEO. NJ BIBB,
JNO. Fl. EATON,
RICH'D s. COKE,
- Counsellors for the Petitioner
Inc Court have yet to decide upon the maDdamus
PHILADELPHIA, Nov. ~, 1896
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