Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1846-09-03
GENERAL GAINES.

The Washington Union contains the proceedings
and opinion of the Court Of Inquiry in the case of
Zen. Gaines, and the subsequent action of the War
department under the instructions of the President
of the United States. We observe by the iournal
Of the Court that each act of the gallant old soldier
was investigated separately and whilst the major
portion OF his conduct is approved several acts are
declared to be without warrant. The Court close
their opinion in these words
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 as the court believe Gen.
Gaines was actuated iii all these transactions. and
therefore they recommend that no further proceed
ings be had in the case'
The Orders Of the War Department, which we
annex, show the several acts dsapproved Of There
are very few, we presume, who will not be clad to
learn that all further proceedings against Gen. G..
have been dispensed with;
WAR DEPARTMENT, August Is, 1876
The proceedings of the Court of Inquiry in the
foregoing case have been laid before the President
and carefully examined
IL Is seen that the court have found that several
OF the acts OF Brevet Major General Gaines .swere
not authorized by his instructions or by law and
that he has violated orders -
nat FOR the calls made by him "for volunteers
after the 10th OF May when he knew of the victo
ries OF General Taylor, the court cannot find any
necessity at the time-any authority in his nstruc
tons, or any warrant of law -
nat In mastering into service at Mobile certain
general and staff officers after he was relieved from
MS command by Instructions from the War Depart
ment, the court are of opinion that he transcribed
his authority and violated his orders"
The President views with deep reoret the exer-
no rfcft 10
commander OF the western division and while he
is disposed to give every consideration TO the circn
Stances which may tend 10 qualify or mitigate his
conduct, he can see nothing in them which would
justify him for Withholding the expression of his
decided disapprobation of the irregular and unau-
thorIzed proceedings of that officer But in consd-
Grafton of the recommendation of the court, and
concurrlng with them in their opinion of the pood
and patriotic motives and the public zeal by which
he was actuated ~ the President directs that further
proceedings in the case Of Brcvet Major General
Gaines be dispensed with.
The President cannot dismiss the case without
inviting the serious attention OF the army to the
grave subject which has been presented for his CON
sideraton and decision. The officers beloncinr to
the military service are known TO be devoted TO the
public interest Their zeal gaIlantrv and skill have
long been established The country dulv anprc-
ciatcs their value. but unrcmitted care shouId be
taken TO abstain from any act which may fond ~
impair their high character. And what So likely to
derogate from this as the assumption Of important
executive or ministerial authority by military com
mdndeT, OF the disregard of his orders
inc exercise Of authority not possessed nor dele
gated-the non observance of instructions, or the
expenditure of the public treasure not warranted by
law nor justified by impcrous necessity, cannot be
disregarded just responsibility of all in authority
makes it public duty of imperative obligation to
observe and strictly enforce the law and the rules of
the service
BY order of the President:
w. l.. MARCY, Sec'Ty Of War.
The court Of inquiry. OF which Brevet Broader
General RI Brady is President, is hereby dissolved
BY order: Y. JONES.
Aduant General.