The Portland gazette., 1819-03-23

made on For: Scott. Gen. Gaines with
about 6oosegalar soldiers, was confined 10
the garrison. In this state of things iufor-
nation having been communicated 10 the
War Department Gen. Jackson was order
ed 20 take the field be was advised of the
regular and militia force amounting TO 1900
men provided Tor that service, and the esi-
mated force Of Gen. @. of The enemy (said
to be $500 strong) and directed, If he should
consider the force provided, insufficient TO
beat the enemy, to call on the governors oil
the adjoining states, for such portions OF the
militia as he might think requisite. On the
receipt of this order, Gen Jack son instead
OF observing tie orders of the department,
of War, by calling on the governor of Ten
nessee then in Nashville, near the place oi
his residence, 10 appeal Ito use his own eS
pressions) to the patriotism of the West
in the late war. One thousand mounted
gun men, and TWO companies Of what were
called life guards, with the utmost alacrity,
volunteered their services from the states
of tennessee and Kentucky and repaired
TO his standard. Officers were appointed
TO command this corps by the General
himself or by other persons, acting under
his authority. Thus organized, they were
mustered into the service of the United
States
About the time Gen. Jackson was organ
izing this detachment of volunteers in the
state OF Tennessee, or perhaps previously
thereto, Gen. Gaines was likewise employed
In raising forces among the Greek Indians
There was this difference in the two cases,
General Jackson raised his army in dIsre
gard Of his private orders (; Gen Gaines
without orders took upon himself the au-
hority of raising sn army of at least 600
Creek Indians, appointing their officers,
with Brigadier general al their head, and
likewise mastering this force into the SER
vice of the United States.
While your committee feel a pleasure in
the zeal and promptilude that
have marke ed the military conduct of these
general officers on many former occasions,
they would feel themselves wanting in
their duty to the Senate and the nation if
they did not express their decided disap-
probation of the conduct of the comman
ding generals, in the steps they took 10
raise and organize the force employed on
this occasion.
There was no law in existence that au
thorized even the President of the United
States, to raise or accept volunteers. The
law passed for that purpose had expired in
the year 1915. The Constitution OF the
United States gives 10 Congress, exclusive
Iy, the power of raising armies, and to the
President and Senate, the power OF appoin-
ting the officers to command those armies
wien raised. The Constitution, likewise,
gives Congress power to provide Tor call
ing forth the militia to execute the laws OF
The Union, to suppress instructions, and
repel invasions but reserves to the States
the appointment OF the officers.
In conformity with the last recited provis
ions of the constitution, the Congress OF the
United States have passed laws authorising
he President, when the contingencies above
alluded to should happen, to call on the
governors or on any militia officers OF the
respective States, for such portions OF the
militia as he might deem REQUESTS for the
occasion and in strict observance OF these
laws was Gen. Jackson ordered 10 call on
the governors of the States adjacent to the
seat of war, for the requisite military force.
1t is with regret that the committee are
to declare that they conceive
General jackson to have disregarded the
positive orders of the Department of War,
the constitution and laws That he has
taken upon himself, not only the exercise
these powers delegated to Congress as the
sole Legislative authority OF the nation and
10 the President and the Senate as it relates
10 The appointments but OF the power
which had been expressly reserved to the
States in the appointment OF officers OF The
militia-A power the more valuable to the
states, because as they had surrendered 10
theIGenera Cove rnment the revenues and
phy sical foi ce of the nation they could only
look to the officers of the militia as secu-
rity against the possible abuse OF the dele
gated power. The committee find the
melancholy fact before them, that military
officers, at this early stage OF this republic
have without even the shadow OF authority
raised an army of at least $500 men and
mustered them into the service of the Uni
ted Sta,es-23o officers have been appoint
ed & their ranks established, from an Indian
Bgigadier General down to the lowest sub
al,ern of company. TO whom were these
officers accountable for their conduct? /? Not
TO the President of the United States, for il
will be found that it was not considered ne
cessary even to furnish him with list o
their names; andnot until the pay rolls were