The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-12

the true import Of the order 10 General Taylor
You viii perceive by the enclosed extract Of thai
order Combining al that real<s To this subject that
Il is not an absolute dsseii0n 10 hia 10 discharge
tho called into ryioe who do not choose 10 be-
come volunteers under the law Of the 18th May
It's exiaeit hr gu re 10, that he should proceed tol
organize lntn force, under thai act the
thTee-monlhs men; and when he should have sui.
heient force OF that descrpton-that 10, Of yulun-
teers for twelve mOnlhs--lo meet his views and
wishes, he was direced o. >ehange lhs remainder
OF those serving for three months
The militia from LOUISIANA and some other
States lsgse@Hs service with General Taylor TO
whom the insructinns 10 uiat officer applied were
those, and only those, who were embraced in and
had respended 10 that < neral's requistions and
those from louisiana, Aabam,. and Missouri who
had left their homes on General Ganes's uDauthor-
lzed calls, before a0tics from this department was
received thai his action irregular, and could not
be sanctioned. such as hal let for the Rio Grande
before this notice, though not Included In General
fayl9r's requisltlop legally placed in service
by authority Of the Prosslent. These were the
only SAFE troops, except the volunteers under the
act Of 18th May, with whom Il can be said there Is
any contract Aud hat, LET me ask, is the char.
acier If that contract Your exeellency is clearly
right IN this position that thc sx-months volunteers
are not IN service under the provisions Of the Of
the 18th Of Mays and ALLOW me respectfully to say,
that, in my view OF the case you clearly wrong
N supposIng that the ssk-monhs' volunteers are ia
service for that period be so received under the
law OF the State OF Louisiana. Without stopping to
show, think il could ~ clearly done, that your
State law does not ss.-.eftLs the Organization Of
such corps, eoehdeaty maintain the position
that by State lay whatever can the militia be
called into the service Of the United States. The
federal constitution Eiysa expressly and exclusively
to Congress the possr 'rS provide for calling forth
the militia re. Ar yunr excellency comedies
that "the six-non,hs ssoonteers were not called IN
To service under the act Of the 18th OF May :" am
not aware Of any othsr act Of Congress providing
for calling forth the militia but thst Of 1875. n,
therefore, they legally In the service Of the Uni
ted States IL must be by virtue Of this act and by
its provisions their term Of service be regua-
ted. This act expressly provides that no officer or
private shall be compelled to serve more than three
months in any one year after arriving the place Of
rendezvous. This is "ths longest period authorized
by law" There was no existing authority prior
to the act Of the 18th Of May for the employ of
volunteers, except rueh as might be turned out by
the executive Of State on the Presidents requisi-
ron for the State militia, and whose ERIN Of service
must be limited TO three months Those volunteers
who entered the service before the passage Of the
act Of the 18th Of May, or subsequently entered
the service not under los provisions can only be re-
garded ss militia; and whatever may be the mi
hta laws Of the States with respect the period Of
service, or whatever the term for which they may
have entered, they can only be held TO service I'M
der the laws Of the United States for the term Of
three months. II has never been understood, that
there is any "contracin or obligation on the part of
the government TO retain them during that whole
term. On the contrary, it has been the frequent
practice to discharge them before It's expiration, and
have never learned that such a discharge was char.
aeterised as measure Of hardship and fragrant
Injustice" Indeed IL is considered the imperative
duty Of the government to discharge the militia
when thus called out us soon as their services are
no longer needed. Considering the short period Of
engagement, and the sacrifices necessarily resulting
from sudden abandonment Of their ordinary ayo-
cations, Che urgent circumstances which prompted
them to hasten to the field having ceased to exist il
was reasonable to believe that many would desire to
return to their homes they could be honor
ably discharged.
! Your excelency will perceive by my letter to
General Taylor on this subject that I had no refer
ence to any but three-months' men. | had then no
idea that sir-months' volunteers, a description Of
force unknown to apy law whatever, would be or
ganized, mustered into service and sent to the Rio
Grande Such an organization, even through call
j upon the executive OF State, and with his appro-
baton, would be unwarranted by law. The Presi-
dent himself could rot exercise or confer on any
one, the power to organize six-months volunteers;
and consequently he cannot give valid sanction to
such organization under whatever cireumstan-
ces 1t may have been made. From a high sense
| of duty, he has been compelled to withhold
his approval of what has been done in relation
to troops thus org>siEea, except those embraced in
| General Iaylorb r4fiulsuonS, and those who had
left under General 1'anes's calls before counter
msSded. fhesc \ lsgany in service, but only for
term Of three months. No officer, with his express
authority, could Legally muster them into service
for longer period.
While the President has been obliged to disavow
the whole proceedings in relation to the sir months
volunteers from Louisiana, not embraced in General
Taylor's call, he is fully sensible Of the high and
patriotic feelings which have led them to embark in
the cause of their country. He properly appreci-
ates the individual sacrifices they have made, and
| sincerely regrets the disappointment thew must
| feel when they discover the position in which they
have been placed by the assumption Of a power not
given by law, and the measures Of which you COM
plain have been adopted with view to place them
on legal footing, and to afford them an opportuni
ty Of serving their country without violation of
| it's laws Their case may we'll be regarded as a
hard one; but with the executive government there
is no authority to afford other relief. Were it 9TH
erwlse, it would give the President most sincere
pleasure, as it certainly would this department. to
apply the remedy. The best that, under existing
laws, could ne done, was to offer to those six
months volunteers, who could not be legally re-
cognsed as in service, thus to put them into it by
| receiving them under the law of the 18th o. May
This is not only the best, but all that could be done
for these public spirited and mertorious men; and
exceedingly regret that this course, influenced by
these motives, has given 80 much uneasness to
your exceency, and, as you think, will give SO
much dissatisfaction to the troops affected by 1t.
The department did not seek to them into
vice for twelve months, your excellency's letter
seems to imply, but simply to afford an opportun-
ty to such as might feel disposed to do to extend
their engagement to that period. If have here
taken the right view Of the law and the duty Of the
Executve--andl am quite confident have-you
will | trust, be convinced that alternative
left to the Executive and that your wishes cannot
be carried out. However much you may desire
that different course should be taken, am quite
sure you would neither ask nor expect it, if it in
volved disregard Of official duty, and a palpable
violation Of law.
lam apprehensve that these irregular proceedings
IN sending troops to General Taylor, not called for
by him, not authorized by the Executive Of the
United States, not warranted by any existing legis-
|latvc enactment, may create much dissatisfaction,
but il is not in the competence of the Executive to
remove the cause of it. Having adopted, in advance,
the necessary measures to meets any emergency in
the condition Of the troops under the command Of
General Taylor, these irregular proceedings could
not be anticipated; hat AZ soon as known to the de-