Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-06-13


pointed colonel of the regiment of mounted emen Gun
der Gen. Gaines paid by the United States Had Gen.
Taylor been defeated the Rio Grande, Gen. Gaines hav
ing remained Inactive the latter would have been censured
and censured deseredy 1t all very well for Senators,
sitting two thousand miles and upwards from the seat Of
to talk about the necessity of formal orders from the War De-
partment but they who lived the onerthey who have
some practical knowledge of these things regard the matter
in different and uster light Suppose foreign Govern
ment should step forward to the aid of Mexco-sup-
pose that in carrying out the principle announced in the
French Chamber by the Minister that he would suffer Mr.
Folk to take too large slice of Mexico that fleet should be
sent to and lowering about the Baze Pensa-
COLA what would be thought of the naval commander that
station who would quietly wait till he heard from Mr. Secre
ay Bancroft Mr. Secretary Marcy, and the President be-
fore he took upon himself the responsibility of making any
preparation to defend the country from invasion He (Mr
had been under the impression that there Of
Congress authorizing the commanders of military aud naval
saonsto call upon the Governors OF the States for aid in
OF emergency He might be i'll He had looked for the
act, but had not been able to find it that morning
Mr.. WEBSTER remarked that General Gaines had not
called the Governor of the State but had raised the troops
on his own authority.
Mr.. WESTCOTT proceeded. He had not been able to
find in the Constitution that The President alone had the power
to make acquisitions for militia 1t was Congress that had that
power.
Mr. W. concluded by saying that he would for any
resolution which, by implications cast censure upon the
gallant old veteran who beloved the South and
Southwest than any other officer of the army
Mr. WEBSTER again rose, and said that he DESTROYS
only of being understood this subject both in point of law
and fact and would commence his remarks by renewed de-
caraton that he meant to pass judgment Gen Gaines
none at all SO far the transaction disclosed ITSELF
must be admitted that it extraordinary He could hardly
imagine that Gen Gaines would be unable to show
thonty usbcaon sanction for his conduct and
he was very much the inclined TO entertain opinion
of that kind from what had been suggested by the honorable
Senator from Michigan when he last addressed the Senate
The order which the subject of the remarks which that
gentleman had submitted was issued by Gen. Gaines the
20h of May, calling four five reglmentsan order
addressed TO the Governor of Louisiana any other State
call for the militia Of the Statesn short calling oil
body properly speaking but eortand attempt enlist
in the service Of the United States for of months
these five regiments That order it be remembered
dated New Orleans after the result of the battles the
Rio Grande must have been there known. But that
the point to which he wished to call the attention of the
Senate Ii said that previous calls made in the
way by Gen. Gaines had received the approval of the Pes
dent of the United States, and he (Mr w would be very
glad be informed by the honorable Senator from Michigan
whether that not
Mr. CASS said he believed that the troops mustered under
the three first calls had been received.
Mr. SEWER observed that the President had approved Of
all the previous calls except that for mounted gunner.
Mr.. CASS. Yes all prior to the It'll.
Mr.. SEWER. Except the mounted gunner. The news
of the battle reached New Orleans about the 10th, and with
that intelligence also the that Paroles advanc
ing with army of Ii, 900 Gen. Gaines, who had
sanction for all that he had previously done with the exception
of the call for particular class of troops then attempted to
raise troops to meet the new emergency.
Mr.. WEBSTER resumed his remarks All correct
sonng he said be based upon somewhat accurate
Of the facts The honorable member from Mch
gan had said that if the President Of the United States had
done that which appeared have been done by Gen. Gaines
he would deserve impeachment and would be mpeached to-
morrow. Now, he (Mr. W. wanted TO know thing.
II said that other caings outas they had been
received the appreciation of the President of
the United States Now he wanted to be informed OF the
of those Were they acquisitions Governors
Of States for militia
Mr.. SEWER replied in the negative.
Mr. WEBSTER. Well, if that were 50, il did certainly
appear to him that entirely different complexion was given
the whole thng-an entirely different complexion II Gen.
Gaines his discretion, raised troops and mustered
them into the service Of the United States without authority
Of law and without the previous direction Of the President
and the President approved his conduct subsequently, in
those three instances what in the world to be said when
he did the thing in the fourth instance and the President
did approve of it They thus turned back TO the
source OF this great reguary and he was therefore, not
satisfied at all with the words Of the resolution then the
table, III the troops had been called illegally, they had
been called illegally by the President beyond all ques
ton. What il but leyying of troops for provisional
army without authority of law How these troops TO
be differed How they TO be paid He repeated that
it extraordinary position. He called gentle
to look TO ito let them that in this emergency Of
sudden they did not suffer all provisions Of the Constu
ton and all enacments Of law to be set aside, under loose
idea Of overwhelming present necessity. he called on
gentlemen TO consider that
IL Gen Taylor found himself in position of danger, why
was he put into by the Government He went there by
les He where he told TO 90, and they 10
say that another general with authority than he the
honorable member from Arkansas should raise military force
aud his rescue because the Government had sagac
enough and foresight enough and energy enough place him
IN security against sudden attack Every development in
his business every stage in the development showed hat
matter well deserving Of the serious inquiry If
he President Of the United States without authority OF law
accepted the services of these volunteers coming into the
vice OF the United States upon basis but the requson Of
major general he had violated the lawhe had put himself
the category imagined by the honorable Senator from Mch
gan. IL was very grave matter ndeed-a very grave mat
er. He willing that the resolution should pass. But il
lid not 90 far enough For one he would not he content
until this had been sied the bottom He desired
o know whether under the smoke of which this
Try had power enough TO carry till II accomplished all Just
objects without any excessive authority without any viola
ion Of law, without any danger Of invasion upon principle
wished know whether, under the smoke and
created by these circumstances constitutional provisions
and positive Of law had been dsegarded and he
determined that il should be known He had word
say TO the honorable member from Florida There no
sort of difficulty in understanding the Constitution and Law
IN this matter The Constitution sad-what 1t said that
Congress should have power call out the militia to pc in
Vason, suppress nsurrecon and execute the law power
had been conferred Congress pass proper laws for carry
ing out the provisions Of the Constitution Well his friend
rom Florida certainly remembered that not under that
naked of the Constitution that the President proceeded
early day Congress exercised the authority thus
erred tlem by the Constitution and passed law-he
aw Of 795-whch he held in his hand, and which read
follows
BE enacted By the Senate and House Of Representatives.
n The United States Of 7eIcd ia Congress assembled, That
sheucver the United States shall be invaded be in mm
ncnt danger Of invasion from foreign nation Indian tribe
shall be lawful for the President OF the United States call
forth such number Of the militia of the State States most
convenient TO the place Of danger Of action as he
Judge necessary repe such nyason and to issue his orders