Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-08

NCh' w St' fbilu NllEOhi INST fnuNll ivy |
Whether the laws Of the country justify the |
APE dition.
MIR. SMITH. OF Maryland, said the !
question now seemed to he. whether The " at !
'airied on against the Seminole Indians Was
I dsaf war. IL. by a legal war, gentlemen
nean'a war preceded by a declaration hN Con
,rcss, il WAS not. Bnt was an authorized
var. as being csIiied ou against ISdiauS. ifht
recollevted right, there was an ~, piication nom
Georgia for the defence ct the frontier: q
Message on tic subject was sent to CONGRESS.
aud 90 the i9ih OF February, ,SIS an ,,pp,o-
priatiOn was made to pay the GCorgia Militia
MIR. J0hRSDa said. his ohlscii TO the legality
OF the war reierred oulN 10 the use Of volni-
teers without the authority of law MIR.
Snaih resumed In the session OF iS!1-lS said
lie, We knew that Il wal existed between us aud
tie Ssminolcs tiiat the war must ne carried
on and, for carving II or, We appropriated a
snm of money. An order WAS .iNeH to Gpue.
raj Jackson In proceed and to take command
of the whole force aud = discretion was Wv
en- 10 him. II the foJce suppG.ea to.he ~ sew
vice was not sathcier' t. call TO, any tIe;ach-
ments OF militia vhicli he Nigh, find neceSSa-
ny. Now Mr.. 8. SAID lac vauted TO know
where WAS Tie difference beiw cen a draft ct
Militia aui "a cali Ion ,"irutCeis from thai veIv
militia. he gentleman from Virginia had said
thai the volunteers, during the war with Great
Britain, were authorized by law, aud we're
then legal but otherwise not legal The vol
nnteeIs authorized hy law during the British
war, were for " months aud otficcred bN the
Presideot of the United States. and not III il
TIA volunteers The regular mode OF drafting
Inc militia, MIR. y said. was 10 take, nv lot Il
snfhciert number but if time did not per-
mi, this operation. volunteers were called tor.
SIN. though volunteers. they were militia, 10
an ihtents and purposes, and not volunteer SOL
dte:S. Al the time General Jack Sou received
the orders which placed him IL actual COM
masd of the forces operating against the SEM
uoes, he was not al the seAI Or government of
Tennessee. Anxious To terminate the wal as
as practice able. he called for volunteers /;
he informed the Governor OF Tennessee :hat
lie had done so, and the Goverso, approved
the act. It's very common thing 10 take
volunteers whO offer themselves instead of
making dlait ttom. tie militia When Bal
timOfe was in danger the militia of the adj
joining state of Ptnnsylvania were in an eN-
iraofduary situation. The Militia Law had
ceased u exist, aud not a man in the state had
valid commission. But ;lev did not waittor
law or tor orders they came Ia Baltimore, IN
jumter l5eO. Whaf did the Commanding OE
ficer at Baltimore doS Did h., turn them a.
way! No; he took them into service he de-
sired them TO choose their company officers,
and that the latter shouid choose their field
otceis- II waS domr;and these men were paid
Tor Their services during the whole time they
were so embodied. With regard to this bill
MIR. ). considered the law OF lSI6 as "A com-
piete precedent for il, and not an unjust one.
when men 20 into service mounted volun-
teerS, they are taught 10 believe thai the gov
ef'im' mt does not furnish them with forage
and 1t The go'rrnInDnt does not furnish lie
forage. it is morally bound TO pay fortIIe losses
sustained Ia consequence o: such failure.
Mr.. SMYTH, OF Virginia, said that he
had hoped never again 10 have occasion to
speak Ia thai ho"Se concerning the Seminole
woii 'hat lie would not now say a word Oh the
snbJcci, were il not that II appeared TO him
10 he nisunuerstoOd By some gentlemen who
had addressed The honse
When petitioners apply. said Mir. :. to This
gifusgeu 81.
existing laws viii MOI relieve them A Grid
cal examination cf what the law is, seems
therefore. unnecessary. The proper questiou
10 be considered here is--what sjusiice re
quire To be dOnes
Ii has been said bv some gentlemen that In.
horses for which COM enSaiiOH is now claimed
were lost In an Weg'I var. That Is mistake
IL gentlemen will examine the act, entitled
an act to encreasc the pay OF. The militia
whie III actual service, aud for other purposes -
passed ontlir 20th daS of April 1915 and VIII. II
VIII be found al page ST y. the acts of that
session. they Will find that Congress declai ed
me war. 10 that act IL is declared thar the
WIDOWS and orphans Of The militia called int0
service, or who may he called into said service
an prosecuting snid ioIr" agaIns. the Seminole
lrdidiis and die or be killed in service. shall
have pensions. Here is an acknowledge
OF the e&iStng state OF war between HE Uni
ted States aua the Seminole Indians and surh
recognition is the only declaration of war
necessary to be made by Congress in any
case.
IL has also been said that the troops employ
ca were raised by the General himself without
any legal authority bis own army. 1t zen
uene" VIII imrn 10 page 100 OF the ac,s of HE
some ees'i"P OF Congress, theV will find this
appropriation toI expenses of mounted
N"ihr'"ffS ninety thousand dollars" TINS
iiHIiidi!On OF money To- pay "a description
@t troops MOI preViouslS authorized ID, auN eX-
iSliHg law fore which consisted neither OF
T'"ulaTSnoI militia, as organized hV law was
III user an authority 20 cG.Dloy the kind Of
troops described, to wit uIOnufpd vO.nu-
teas. Congress could 10; mean b this deS-
cfIpilCn, the militia, organized and ttiiceIed
DA TIE states but volunteers orgauIztd and
uihc"rtd aCcordin. TO the usage of volunteers,
Ihdt usage IS for tn. meg % assemble aud e. CT
Their own Officers HbCsn rank is iccoenizrd
when tiieN are received Iuto tic service In
tiIS manner ihe vOluUtt cTs who max ,liis claim
Wrie 'aiSed, OrganIL. q, and OdiccIed aud this
H'"r on chHteiiiHS tank wa peculiarly pro-
per 10 !cnuessee. who're, ny the militia iaw OF
tue STATE, the men eject their officers under
certain grade, and lie higher grades are fill
ga ON IN election made by the officers Con-
gr"sS having authorized the employment of
such irregular troops, II does not appear to
nave Depu Important whether the ga 4 on the
patriotism ut the Young men Of the co,utrv
was made by thc President bv the Secretary
or ar, Or BY the commanding General They
we're mustered INTO the service Of The Uuit,d
STATES, AID tLcN lid ,heIrdmiy Those ara the
maicildi facts 10 lie case
Had miiila been called for by the command
NIX Ecncial under ie orders Which have been
'ead, tie call wouG nee syafily have been
made Oh tie governor ui Tennessee; bat as
NE act OF Congress authorized tie emplov-
inert OF - mounted vOIuniccts. 10 cali ON the
governor seems 10 have bcru necessary. /,
was not necessary u!it they should prormie
us 40 probation briutc they rendered their
"'NiEe', nor was II necessary that the CUul-
mdW'ing Gcner"l should procure his arp1oba-
lion beior" he accepted tb'y offered services.
BH' rc.peCi for the governor indurcd The com.
mahdng General TO inform Inn Of the course
P"'S"'d' WHich met his ehi,fca appreciation.
Tue employment Of mounted volunteers hay
lng been eAptcssl, authorized Us law aud such
u0tls tayms been cinpl. ID 10 conformity 10
the "" ne question wln 10 arises Wheihcr