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investigation. From the proceedings, as submitted to the committee, it does not appear that the judge advocate of the court acted under oath, as required by the article of war; but, on the other hand, it is plainly to be inferred that this necessary qualification for the discharge of his duties was either neglected or disregarded. In the original composition of the court there were but seven members, all of them in linear rank inferior to Major Crittenden, the officer to be tried, and that but three of them held the same grade by brevet. The sessions of the court were held at different encampments on the march from the city of Mexico to Vera Cruz; two members of the court were unable to keep up with its progress, and the trial continued at the subsequent meetings of the court with five members, of whom but two were (by brevet) of equal grade to the accused.

By special authority, the court held its sessions without regard to hours, though by the articles of war this is restricted to cases which require immediate example" to be made. This justification cannot be offered in the present case, because whatever might be the opinion of the commanding officer, the sentence of the court could only be carried into effect after the approval of the President; and therefore the argument of immediate example could have no application.

To the defect of number,legal qualification and rank is to be added the consideration thatthe court held its sessions amid the confusion of a marching column, and as appears by its proceedings, continued to investigate charges against the accused whilst he was laboring under ill health; and, finally, to sentence him, without the brief delay he asked to enable him to avail himself of the assistance of his counsel, an officer temporarily absent on detached service, in the preparation of his defence.

All this in a state of peace and the profound subordination of a disciplined army.

The commanding officer who ordered the court, in a letter of November 15, 1818, which was laid before the committee, says, in relation to the propriety of having postponed the trial of Major Crittenden until a court of thirteen members could be convened; "I cannot pretend to say that this proposition presented itself to me in the precise form in which you have placed it;" and again, "I shall feel neither mortification nor regret should the facts on which I based my opinions prove upon examination to be incorrect. On the contrary, it will be rather a source of gratulation should an error of mine in any degree contribute to the restoration of an officer to the service of his country, who, but for one unfortunate weakness-which I feel assured he corrected-would be an ornament to any service."

For all the reasons stated, and under the attending circumstances of the case, from all the evidence before them, the committee are of opinion that Major Crittenden should have had the benefit of the rules and forms of trial as provided for ordinary cases, and which were established by law to secure the rights and guard the honor of officers of the United States army; that these have been omitted or disre

garded to such extent as to invalidate the finding and sentence of the court against Major Crittenden; and, therefore, that properly, justly, legally, no vacancy, such as is contemplated in the nomination under consideration exists, and recommend the adoption of the following resolution:

Resolved, That the nominations for promotion based upon the dismissal of Major George B. Crittenden, regiment of mounted riflemen, be, and are, indefinitely postponed; the proceeding of the court martial which resulted in the dismissal of the said Crittenden being, in the judgment of the Senate, so irregular and contrary to the directions of law as to render the sentence of the court illegal, and therefore no vacancy has thereby been produced.

The report was read.

FRIDAY, MARCH 2, 1849.

On motion by Mr. Davis, of Mississippi, the Senate proceeded to consider the resolution reported from the Committee on Military Affairs, the 28th February, in relation to the nomination for promotion, based upon the dismissal of Major George B. Crittenden; and,

On the question to agree thereto,

It was determined in the affirmative,

On motion by Mr. Bright,

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The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Atchison, Badger, Baldwin, Bell, Benton, Berrien, Breese, Cameron, Clarke, Corwin, Davis, of Massachusetts, Davis, of Mississippi, Dayton, Dix, Dodge, of Iowa, Downs, Fitzpatrick, Greene, Hale, Hannegan, Houston, Johnson, of Maryland, Johnson, of Louisiana, Jones, Mangum, Metcalfe, Miller, Niles, Rusk, Spruance, Sturgeon, Underwood, Upham, Wales, Westcott. Those who voted in the negative are,

Messrs. Atherton, Borland, Bright, Butler, Calhoun, Douglas, Foote, Hunter, Johnson, of Georgia, Mason, Turney, Yulee. So the resolution was agreed to.

Ordered, That the Secretary lay the report of the Committee on Military Affairs, on the subject, together with the said resolution,

before the President of the United States.






The case of James W. Schaumburg, from which the injunction of secrecy has been removed.*

FRIDAY, MARCH 2, 1849.

On motion by Mr. Downs,

Ordered, That the injunction of secrecy be removed from the proceedings of the Senate in the case of James W. Schaumburg.

MONDAY, MAY 25, 1846.

The Vice President communicated the memorial of James W. Schaum. burg, applying for a reconsideration of the proceedings of the Senate in relation to his case at the session of March, 1845.

TUESDAY, JUNE 2, 1846.

On motion by Mr. Barrow,

Ordered, That the memorial of James W. Schaumburg, communicated on the 25th of May, be referred to the Committee on Military Affairs.

THURSDAY, JUNE 18, 1846.

On motion by Mr. Houston,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of James W. Schaumburg.


On motion by Mr. Johnson, of Louisiana,

Ordered, That the memorial of James W. Schaumburg, to be recognised as an officer of the army, be transferred from the Legislative to the Executive Journal.

The injunction of secrecy having been removed from the proceedings of the Senate in the case of James W. Schaumburg on the 19th of March, 1845, those proceedings, up to that time, will be found in the Appendix to the Legislative Journal, Senate, 24 sess. 28th Cong., p. 291.

On motion by Mr. Johnson, of Louisiana,
That it be referred to the Committee on the Judiciary.
On motion by Mr. Sevier,

The Senate adjourned.


On motion by Mr. Johnson, of Louisiana,

Ordered, That the motion of the 6th instant, to refer the memorial of James W. Schaumburg to the Committee on the Judiciary, lie on the table.

On motion by Mr. Johnson, of Louisiana,

Ordered, That the memorial of James W. Schaumburg be referred to a select committee, to consist of five members, to be appointed by the President pro tempore; and

Mr. Cass, Mr. Henry Johnson, Mr. Westcott, Mr. John M. Clayton, and Mr. Hannegan were appointed.


Mr. Cass being, on his motion, excused from serving on the select committee on the memorial of James W. Schaumburg,

On motion by Mr. Johnson, of Louisiana,

Ordered, That a member be appointed by the Vice President on the said select committee, in the place of Mr. Cass, excused; and Mr. Badger was appointed.


Mr. Westcott, from the select committee to whom was referred, on the 11th of January, the memorial of James W. Schaumburg, made the fol lowing report:

The select committee of the Senate, to which was referred the memorial of James W. Schaumburg, having considered that memorial and the documents submitted to the committee, report:

That, on the 6th day of June, 1836, the memorialist, James W. Schaumburg, was nominated by the then President of the United States (General Jackson) to the Senate of the United States for the office of first lieutenant in the regiment of United States dragoons, from the 1st of March, 1836, vice Noland, resigned, (vide page 145, vol. 11, Senate Executive Journal.) This nomination was on the nomination of Adjutant General Jones of same date to Mr. Secretary Cass, and the recommendation of the Secretary to the President, all laid before the Senate June 8, 1836. On the 15th June, 1836, Mr. Benton, chairman of the Committee on Military Affairs, to which had been referred, with others, this nomination, reported thereon, and the nomination was "advised and consented to" by the Senate same day, (page 153, vol. 11, S. E. J.) On the 1st of July, 1836, a commission was issued to Mr. Schaumburg as "first lieutenant in the regiment of dragoons in the service of the United States, to rank as such

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