The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-25

Generals Office May 22d, that the said regiment had
been accepted and would be regarded portion Of the
force called out by the President
In regard to the Louisville Legion it appears from
the statement Of General Gaines, and testimony Of Lieut.
Calhoun to have been raised without direct call from
General Gaines though accepted by him into service
before he had received special authority from the War
by the instructions to General Games of
May 2ssh-in which instructions, however, written on
the superstition that he had called on the Governor for
the troops he is informed OF the disapprova Of the de-
parmeni, and that the call was without authority Of
law.
Z" The court cannot find that General Gaines at the
time he received this legion into service bout the last
of May had the authority to do under his nsruc-
tons But as tho regiment was already sent forward
necessity TO receive it, and to trust to the subsequent
tifcaton of the Department
" In regard to the other calls made by General Gaines
before the 18th May to raise troops for Taylors army
the Court Of opinion that under these previous in
Tayo and upon ascsrtaning the slow progress Of
the enrolment OF the Louisiana volunteers and upon ascer
tanning further that General Taylor could not receive
more than small portion OF the force which he had
called from Texasthat under these circumstances &C.
neral aines justified in endeavorpg to supply Go
neral Taylor the amount of the auxiliary force, he
himself had called for and il such force could not be
obtained from the States to which General Taylor had
applied then General Gaines justified in apply ing to
ether Staes The Court do not extend this approval to
the acquisitions for mounted gunner. The four reg
ments of this description of force, amounting to four
thousand which he authorized to be raised before
the 18th May, destined to march overland to the army
however useful Gen Gaines may have considered them
for the future operations Of the war not being required
or intended for the immediate emergency, not
authorized by his instructions, or by law.
10 proper in this connection to bring to the favora
Bile notice OF the War Department. the prompt recall by
General Gaines OF all his acquisitions for mounted gun
men receiving orders to that effect and that the 60
vernment incurred no expense on account Of these
+" For the calls made by General Gaines for voun.
teers after the 10th May when he knew of the victories
of Taylor the Court cannot find any necessity at the
time any authority his instructions any Of
law These calls authorized the levy Of 1000 mon, be-
sides Gallys battalion of artillery II does not appear
however that any except the artillery raised
fore the calls were countermapded.
Two of the acquisitions made by General Gaines for
volunteers, appear to the Court to be of special cha
racter viz to raise garrison Of volunteers for Forts
Jackson and ST. Philip. and for the arsenal at Baton
Rouge As the government had withdrew the garrison
from the arsenal and had not fit garrison the
forts, the Court OF opinion that General Games
ought to have felt himself specially restrained from
raising volunteer garrsons without authority.
In regard to the authorities gwen by General Gaines
to certain individuals to raise troops appears to have
been his motive to avail himself under what he felt
the pressure Of tho emergency. Of the supposed inu
cnce Of these individuals In Louisiana, where troops
actually raised under such powers it wish the
sanction and of the Governor of the State
who ssioned the officers and organize the troops
according TO the state laws 1t does not appear any
independently Of the State authorities.
In General Gaines proceedings at Mobile, on 18th
May June in mastering into service General Smith and
his staff, after he relieved from his d. snd in.
sructed by the War Department to his indepen-
dent action in these matters and to conne himself to
carrying the orders and views of the President so
far as they might be communicated to him from that
Department-the Court Of opinion that he trans.
cended his authority and violated his ordes-partcu.
larly in appointing such Staff Officer Inspector
General after the recent and emphatic instruction him
by the Secretary oil War; that such appointments would
DO recognized confirmed, and that the President
himself had no authority under existing laws to make
such appointments.
Yet the Court satisfied that General Gaines had
the intention act in defiance in disregard of his
instructions He thought that the disorganized of
the volunteers assembled at Mobile, made il matter of
that q commander should be
pointed Them He acted too at the special appli-
cation of the Governor of the stue and the Court,
therefore, recommend his conduct to the favorable
struction OF the President
1.-The Court of opinion, in regard to the issue of
ordnance and ordnance stores camp equpage and sub
sstence the volunteers that the followed
sary the enrolment and muster of tho troops After
and equip and provide them according to regulations.
THE issue OF rations to volunteers before muster is
not provided in the regulations laws But the court
present to the consideration OF the department. the
cessity of the case when the volunteers had arrived
the rendezvous, and were absolutely without of
subsistence.
such issues as Of the two pieces of field artillery,
and ammunition to planters Of Baton Rouge Parish
not provided for by the regulations of the army. But
OF the parish and issued to responsible persons
dition of their safe return whenever demanded, the
court of opinion that it ought to be approved.
'ln the absence Of certain official information the
subject the court suppose it to be the practice of the
government to make advances to the militia called into
service Communication of cothing and that the orders
Of General Gaines this subject did not introduce
practice OF the correctness of the particular
count Of 49, which General Gaines ordered to be paid
to Gallys battalion the have not the means of
judgng-and therefore leave it account to be set
ted according to law and regulations in the auditing
THE court cannot approve General Gaines order to
Captain Whitley, to pay Major Gsllys bill Of sl467 co.
for ammunition it does not appear that whatever
munition required might not have been furnished
from Baton Rouge arsenal otherwise procured by the
ordnance officer.
The court have not considered as come ctsd with
he issues and payment If funds before
Toned, whether the persons or troops, to whom on
account Of whom, the issues and payments were made
we're leg ally in the service of the United States
much the act Of Congress of the last session. has
since provided for the settlement Of such accounts. Of
lawful authority OF Genra Gaines raise the troops
they have expressed their opinion in the several
Having now reported their finding and opinion, the
court recommend to the favorable consideration Of the
President the good and patriotic motives and the public
ZEAL BY which the court believe, General Gaines
commend that no further proceedings DO had in this
case"
1.-THE proceedings Of the Court Of Inquiry in the
foregoing case having been duly submitted the follow
war DEPARTMENT, Aug Is, 1876.
Tho proceedings Of the Court of Inquiry in the FORE
going have been laid before the President and
II seen that the Court have found that several of the
of Brcvet Major General Gaines were not autho.
zed by his instructions or by law and that he has vio
lated orders"
That for the calls made by him "for volunteers after
the 10th Of May, when he know of the victories of Ge.
neral Tay lor. the Court cannot find any necessity at
the ume-any authorty IN MS insucuons, or any war
rant Of laws"
That in mastering into service at Mobile certain gene
raj and staff officers, after he relieved OF his
mand by instructions from the War Department, 1.-The
Court of opinion that he transcribed his authority
and violated his orders'
The President views with deep regret the exercise Of
this assumed authority on the part Of the late
der of the western division; and while no disposed to
give every consideration to the circumstan which
may tend TO qualify mitigate his conduct he
can nothing in them which would justify
him for withholding the expression of his de.
cided disspprobntion of the irregular and un.
authorized proceedings Of that officer But in
consideration OF the recommendation Of the Court and
concurrng with them in their opinion OF the good and
patriotic motives and the public zeal by which he
actuated the President directs that further
in The case Of Bfeve Major General Gaines be dispensed
with.
The President cannot dismiss the without invit
ing the serous attention of the army to the grave SUBJ
ect which has been presented for his and
decision The officers belonging TO the military service
are known to be devoted to the public interest Their
ZEAL gallantry and skill have long been established
The country duly appreciates their value but unremt