The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-06-05

call upon the governors Of the States OF Louisiana
sc. copy Of that order had been sen. 70 ueneIai
Gaines. He (Mr. C.) again dlsavoweo mos' 1 sn'
phatcay all intention of rejecting censure on Gen
eral Gaines He would vote cheenuIly for every
dollar necessary TO defray the expenses which had
been incurred But his object was TO prevent, Tor
the future the occurrence OF sncn state OF h'hss
| He would detain the Senate only few moments
longer He had before him the memorandum to
which he alluded yesterday, II had been laid be-
fore the Committee of Ways and Means OF the
House and was he supposed, the foundation OF the
pro vision which that body had introduced into the
law. The Senate would observe that the requisi-
tons of Gen. Gaines included force oftwelve thou
sand men. The present case was not fully met by
the action Of the other House. Acting with the
best intentions in the world, as he (Mr. e. was
confident, General Gaines had done what had never
been before attempted under this goyernment-he
had called for force Of twelve thousand men with
out any authority.
Mr.. WEBSTER wished the senator to read the
letter from the department to the governor OF the
States on whom the requistion wea made Tor
troops.
Mr.. CASS. The letters are amongst the docu-
ments but will read if you wish
Mr.. WEBSTER. lfyou please: if it be not too
long.
Mr.. CAsS then read the letter to the governor Of
Louisiana making the requiston for militia.
Mr.. G. also read the following order issued by
General Gaines:
Hr.pouAErgRs wEsTERN DIVISION,
New Orleans, May 10, isao.
The following persons a.. Fsstherston w n Fulton
VIM Hays J. X Cresey aud 4. L. Tracy are hereby su
hoIed and requested to raise one regiment each to serve
As infantry or rnsmen to consist Of ten 81 ~ 20
Tn, for term Of sir months, unless sooner discharged
be near this city or whatever other place may
asPGi a@ general and .. of sub
s%s Of canon suapSgS Taton
and other supplies for the immediate oil The
pa snd % RG rSnds o' their
Captain Whitley Of the ordnance department. vii furnish
complete, together with whatever ammunition they may
require ,,,.,,, . s,.,,,,,
Major Gen,rsl L, $. army, comd'g West div,
(signed) r. CALmouN.
Had the President issued such an order, he would
have been liable TO impeachment the very next day
All the papers were his table, and to them sena-
tors could have access. He would not longer de-
tain the Senate.
Mr. WEBSTER then rose to address the Senate
Mr. CASS asked If the senator wished to cast his
eve over the papers,
Mr.. WEBSTER thanked the senator, and pro.
ceeded The case certainly, stated by the senator
from Michigan, called for tbs interposition Of the
government. He would not desire, however, to be
nasty in coming to a judgment Of censure upon
experienced officer Of the army of the United
States.
Mr. CASS. The senator will understand that
do not mean to censure him.
Mr.. WEBSTER said that he about to re-
mark that the present resolution, calling simply for
Information, was proper enough, and, IN his Judg-
ment il ought to pass. Gen. Gaines, If he (Mr. w
remembered right, had the command of that dvi-
| sion in which the army the Rio Grande was al
present operating, Ii quite possible that, occu
pying that position, he might have mislnter-
preted some direction Of the President de-
| partment of war Certainly he could not be 80
uniformed as to the constitutional law Of the
country call the militia without supposing
that he acted under some authority from the Execu-
tive. To call on the militia to any amount, or in
any circumstances without some direction from the
President, must be regarded a very extraordinary
procedure. Let them advert to the origin Of this
power-to the lazy passed regulating its exercise;
and let them keep themselyeS-if they meant to
preserve the integrity of the constltsuonwithin Its
provisions, and the provisions of the law. BY the
| constitution, Congress bad the power to authorz"
the President to call out the militia Of the States by
acquisitions; to repel invasion to suppress insur
recton; to execute the law; and for no other pur
pose whatever. That a high discretionary
power vested in the President. He (Mr. W. was
one of those who held that the necessity for the
exercise of this power vested altogether in the
discretion and judgment of the President. IL the
governor of State called out the militia in a
where the President of the United States made a
requsition for purpose within the constitution and
law, he complied with that law. Different opinions
had been entertained ON that subject, but that
| his opinion, and had been confirmed by the
| supreme Judicial authority The first CUES
| tion--one not without dificulty-was how far
| the President, iE particular circumstances, might
delegate the exercise of this discretion TO
| military officers. 1t had been considered and
| so decided, that in Of danger on the
frontier, the precedent might give to the Off
Ger commanding in that quarter a contingent author
Ity to call out the militia in case the danger became
more menacing That is the length, and the whole
length and whole breadth of the power, and the whole
| extent to which 1t ever has been exercised,
can be exercised without direct violation Of the cons
| tuition and law. The militia is the militia of the
States; to make a requiston for it is matter Of
high prerogative in this government high discre-
ton at least. Ii must be exercsed-under the con-
stituion and under the law passed for carrying the
provision of the constitution into effect-by the Pres
dent, or, in particular circumstances, by somebody
clothed with contingent authority in the case
Mr.. CASS. Will the senator pardon me while
interrupt him for moment He will see by the
papers that the order was not authorized by the
MIR. WEBSTER. That makes the case so much
the worse.
Mr.. CAss. Will the senator be so good as to
read the ORDER
Mr.. WEBSTER read the order, and then said
why, this is raising an army This is to raise reg
iments for the service of the United States II is as
the senator states, no requsition for militia but an
order to raise army under the authority Of
major general. He (Mr. W. was very happy
that the subject had been called up and he had not
the slightest disposition anticipate an unfavorable
judgment upon the conduct Of General Gaines
Certainly his had been very extraordinary pro-
cedure-a procedure that the President could mot
authorize. He perceived that of the objects Of
the resolution was to inquire into the necessity of
raising the men He would probably concur with
the honorable member that, as the men had been
called out, they ought to be paid. Since that sub
ject had been incidentally called up, he would d.
rect the attention of the honorable members more
directly charged with the financial affairs of the
government, to the enormous expense already in
CURED by the military proceedings He had ia
ken pains to make some inquiry at the proper
sources, and from the best information he could
obtain, he found that the military expenses of the
government were hardly less than half million of
dollars per day
| Mr.. SEWER remarked that but one result must
follow the resolution and but result was intend
| ed by it-censure of General Gaines. Ii had been