The Writings of Sam Houston, Volume VI

106

WRITINGS OF SAM HOUSTON, 1854

To AsHBEL SMITH [DECEMBER 31, 1854] ?l

15th Sunday Dear Smith-Come over if you can-some sick & some worse. In haste-Thine Houston Mrs. Houston is fearful that Andrew has interceraptia. Have you any paragoric? If so bring it. Houston tAshbel Smith Papei·s, The University of Texas Library. The date of this note is uncertain. It was possibly written some time in the summer of 1854, after June 21, which was the date o_f Andrew Houston's birth. We place it arbitrarily at the end of 1854.

J ANDARY, 1855

REMARKS CONCERNING RELIEF FOR CAPTAIN JONES 1

January 19, 1855 Mr. P·resident: If I understand this bill, it does not propose to cast the slightest reflection upon the court-martial, or upon any member of it; but the bill expressly contains a proviso exon- erating them from any imputation whatever. So far as that point is concerned, therefore, I have no difficulty; nor, in fact, have I any difficulty at all as to the course I shall pursue in voting upon this bill. I must confess that opinions have been advanced here to which I cannot assent; for instance, the notion that this body has the power to revise the proceedings of a court-martial, and restore officers who have been dismissed by a regular legal proceeding. I deny that the Senate has any such power. I insist that the decisions of courts-martial, when ratified by the Execu- tive of the country, are final as to the removal or suspension of any officer, so far as his rank or command is concerned, either in the Army or in the Navy. The President has the power to nominate; the Senate has the power to reject his nominations. It cannot constrain the Presi- dent to nominate any particular individual for any office or situa- tion. We have a revisory power upon his acts when he nomi- nates public officers; but we cannot dictate to him what measures he shall adopt in relation to the Army or the Navy, so far as the rank of the officers is concerned. That, however, is not a

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