The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-10

The people OF Loudoun county. Virginia, recently held
convention, at which resolutions were passed strongly
denouncng the Nashville Convention. and declaring the
firm adherence 10 the Union
The Governor OF Florida also, in reply to request
from the members OF Congress from that State to call the
Legislature together for the appointment of delegates to
the Nashville Convention, declines TO comply with the
request. in letter which he has addressed to them
The Richmond Enquirer of Friday morning contains
the proceedings Of meetings OF the people in four coun-
ties Of Virginia, lHalifax. Mecklenbug. Powhaian and
Gloueester responding to the resolutions OF the legsa
ture approving Of the Southern Conventions and organ
izng for the appointment Of delegates 10 that body
We publish with pleasure the following communica.
ton, signed Justice" relative TO the case OF Lieutenant
James w. Schaumburg. which has created some inter.
est in the public mind; but at the time, must
say that cannot believe that the Executive will make
an issue with the Senate upon this subject, ntimated
by the correspondent Of the New York Courier and En-
quirer.
The Case or Lieut.. schaumhurg.-"C Collision between
the Senate and the Executive"
correspondent Of the New York Courier and En-
quirer, over the signature OF Veritas," states that
There is occasion suppose that the President will
take 70 In and no H.
ton of Mr. SchaumbuIg commission In the first drn-
goons He will probably passiye, exercising his
constitutional right 70 nominate Or not q his pleasure L
promotions shall be confirmed or not. collision between
the Executive and the Senate ought to be avoided There
are, however, occasions in which such collision cannot
be prevented. II both are resolute."
know not on what authority the above statement or
authority, presents question Of public interest That
question, ii seems, OF easy soution for il is one of
positive law The President Is vested with the power Of
making nominations TO fill vacancies in The army yet the
dOpa nnfIQ ava n
he may choose, for the law expressly declares that all
promotions, except for field officers, shall be made
aoy IL the ae TIE Senate ' may REJECT any
ination on its own information, or on information
furnished by the Executive; but the law allows no dis
reduced during MI Monroes administration, the Execu-
tive nominated certain officers to fill vacancies. The
Senate, considering that they not entitled to such
ed TO convince the Senate that he had acted in accord
ance with the act Of Congress providing for the reduc
lion Of the army The nominations were again made,
ed in accordance with the Ssnaes opinion on the sub
ec But recent case fully establishes the power
OF the Senate in this behalf and its recognition BY Pres
dent Taylor. That case is as follows:
On the 80 Of March last the Senate decided that the
dismissal by general court martial approved by Mr..
Polk) Of Major George B Crittendsn was illegal, and
notified the President Of the non confirmation OF the nom
nations made TO fill the vacancies occasoned BY Major
Cri tendens dismissal Mr. Polk went out OF Office the
next day and lett the resolution to be acted by his
recled Major Crttenden's reinstatement in accordance
with the Senate's decision, as follows:
War DEPARTMENT,
Washington, March Is, lS49.
The Senate of the United having decided that the
trial and conviction Of Major George B. Crenden of the
regiment OF mounted riasnen illegal contrary
the directions law and vacancy there from,
and the subject having been afterwards referred BY the then
Executive TO the Secretary of War. without any
sion having been made thereon the President therefore
direct. that ao George Crienden Of the regiment Of
mounted remen be restored TO his commission and for
m r rank in The
The Adjntant General win give the necessary insuuc-
80 = - - '~e'''- GEO W. CRAWFORD.
Secretary OF War.
Order of The Adj1tant GsnuaL
Major Crenden will proceed to join his regiment and
report for duty withon, unnecessary delay, &c, &c
subsequent resignation Of Captain Taylor, the
following hanse in Inc grades and dates Of commissions Of
ls S0 wit, C %l ann" John saoa.on May a. ss
lsl9-the Senate saving vacan-
Cyl" ESQ with First Lieutenans Lindsay and May. and
Second Leuenants Frost and Lane, and Breve Second
Lieutenant Ifyne all Of whom had been promoted and
put back
The action OF the Executive in the case of Major
Crittenden is express acknowledgment that he felt
himself bound TO accordance with the resolution OF
the Senate and il is dcult to why he did not carry
out another resolution passed on the same day as that rel
alive TO Major Crtlenden, which affirmed James w.
Schaumbugs right TO be renstaed to his position in the
army, and ordered his promotion on the occurrence oil
vacancy Of captain IN his regiment Until vacancy oc-
cancy occurred by the resignation OF Capt Eusts in Au
gust last when the resolution respecting Lieut. Schaum
burg brought TO the notice of the President by the
Secretary OF War; and the subject referred 10 the
Attorney General for his opinion II Is TO be presumed
that Mr. Johnson prevented by his other duties from
giving the case his attention Had he given opinion
Il is fair 10 presume that il would have been in accord
ance with his action member OF the Senate he having
advocated that body and voted for the resolution in
Mr.. Schaumburg's favor
In this come xon il proper 10 say that President Ty-
Ter had decided that Lieut. Schaumburg entitled 10 his
place in the army and had ordered his restoration thereto
and his name accordingly placed the army regis
ter, first lieutenant to be promoted to his proper posi-
ton as captain in the hrs dTJgooBs On the 10th OF
March, iSi5 the Senate passed resolution 10 the effect
that that decision and orders OF MIR Tyler illegal and
recommending MIR. Polk TO annul them; which recon-
mendaon was complied with by the following order
made by Mr.. Polk:
the President directs that the name Of James w.
Schaumburg esq., illegally printed at the head OF the list
Of lieutenants In the first regiment OF dragons n
Of the official army be erased thereom, but with
reproach TO MI. Schau nburg"
In March last the Senate, after full examination OF
the case with all the facts before it, decided that njus
ce had been done by its action in 1915, and passed the
following resolution, above referred to;
's6iped by As Senate, That resolution OF the I9h
March, 1885, respecting James w. Schanmburg HEREBY
escnded aud repealed aod that der made by
OF said resolution should be revoked y
Ii would be strange the authority OF the Senate over
questions OF promotion in the army should be acknowl
edged when exercised against officer, but that its
authority should be denied when finds il has committed
an injustice and endeavors 10 retrieve the wrong.
Shortly alter Congress convened IN December last the
list OF nominations for promotions and appointments
made during the recess sent to the Senate The