Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-08-17
DEFENCE
az MAJOR GsasreI EDsvSD r. GAINES read bsCore the
Court Of Inquiry eonvessd az Old PoiaI Comfort on
Nosdsy the l0tA Of August 1876
Mr.. Pres,draf a,a C,..tI...-..

| Nesday he lOthQ Asghsf, 1916.
Mr.. Pres'deat aud Geafismsa-
Having understood when last before the Court that
Were making arrangements to terminate their proceeding
without waiting tor further TESTIMONY, gladly avail my
se OF The occasion to complete. seoneisey my
defence In this shall rely mainly upon the few points
OF law, with the public documents which then desired
the attention OF the Court.
LIST The first principle upon which shalI call the
attention OF the Courtior Justification. will be found
the Constitution OF tho United States which eoncrs on the
resden, the authority OF Commander IN Chief OF the Ar
my and Navy aud the MILITIA OF the several States, when
called into the service OF the United States and makes
ms duty ITO suppress instructions and rcpel nvasions
United States) ~
am an Officer in the Army. duly commissioned and
sworn to bear true faith and allegiance to the u States
and 'osefNs hem honestly and faithfully against their
mics or oPposes observe and obey the
Orders OF the President Of the United States aud the Or
des OF the Officers appointed over me- according to the
rules and articles OF War. When duty OF
separate District Division the senior Officer OF
the Army standing next to the President military point
oinew' IN virtue ., my War Brepsf, which have
given up. or desired give up Tor Commission in the
Line OF the Army OF the grade. While in comma nd
o. tue western DIVISION therefore. could not but
DER myself rs the constitutional Representative OF the Pre-
sident commanding as did in obedience his Orders
was clothed with all the authority he could confer me-
necessary and proper to render the command led
me, effective and successful felt satisfied that had full
and complete authority to suppress and re-
peiin'asons-l did not, indeed feel myself clothed with
iu authority TO call for require drafted Militia without
an emergency OF grca peril the county, because
orders not to make such call But did feel myself ia liz
/ q free
men OF Of the States OF this Union whenever had
good and sufficient believe that without the inn
mediate concentration Of additional force upon the frontier
near mo- troops defenccess czens would be in dan
ger ct being suddenly attacked and
/ or oiher ferocious foe. This brings m to the
y The second ground of my aon which will be
found 10 the I'd Article OF the amendments of the Const
non lit IN these words "A well regulated Miti, he
lug necessary to the security OF free State iks rsAt of e
Under this provision Of the Constitution the peope-.nd
may mere speak OF them a. the sovereign pcope"of
Cnion had an ungueSuonable right offer their services
TO any Commander OF the United States Army, or To any
OF the State authorities threatened INVASION or AZ once
to repair to the threatened frontier and voluntarily
any attack. have taken the political stump 10 at
tef the sovereign people with obtain their Votes
for some high political station nevertheless think my..
bound 10 take all ut aud proper IN my power TO
Vndeate and maintain their rights and protect their per
sons and property. Their right bear arms and 10 ue
them freely IN the national defence hold 10 be one of IN.
main pillars OF the Union But have accepted the
services OF volunteers without seeing clearly
requiring III IN actual when the frontier was in i'm
mnent peril.
30. The third ground of my justification is Letter Of
Instruction. from the Department of War bearing date the
18th OF August, lsi5, in reference my Requson on
HIS E1eeleney Gov A. Moutou Of Lousians for Bat
talon OF Arulery 10 be sent 10 the Army Occupaton
under the command Of General Taylor containing The fol-
lowing admonitory ordets:-
" cannot be necessary apprse you that the authority
TO make equlsiuon the Governors the respective
States for the Militia hereof to be employed in the service
OF the United States Is vested only the President and
"i'ed IN It's exercise 10 two o. three specified The
emergency which would tolerate excuse the
OF this authority by Military officer IN command at dis
lance from the Seat of Government in anticpaon Of the
aeon must be one indicating great and immi-
nent Pei 10 the County, peril great and mmi-
nent as to leave no reasonable doubt that the President
win u knowledge OF oil the circumstances OF the case
would have felt II to be his duty resort to such aid"
have shown the Court that all my efforts TO Obtain
volunteers during the months OF May and June 1886 were
IN sirct accordance with the letter and s OF these Or
ders Every intelligent citizen with whom had the means
OF conerng acquainted with the Western border Of Tex
as and the valley OF the Rio Grande united in the opinion
that the situation of General Tayors Army was one of
great and imminent peril" OF this had not doubt
and felt convinced that all the most talented men knoun
to me OF the West and South Of all political p,rties en-
ertAined similar opinion. The President Of the United
States, with both Houses of Congress by their prompt a
ton IN favor OF the liberal appropriation of ten millions of
dollars and providing for calling fifty thousand yolup
eers 10 meet the very emergency for which aborng
To provide adequate temporary means afforded as hum
bly, conceive, ncontesbe evidence they considered
the situation OF General Taylors Army one of ereat and
Imminent peril perlso a. 10 promn,
| these high Public Functionaries provide more ample
means Tor the defence OF the Country in the brief .nac
two or three days, than had before accomplished
within 80 short period OF Tine during the thirty wears
Having invited twenty Regiments of Volunteers in
10 tue United States service under THE pressing
cy LOT which but onethrd that number were allowed
20 go 10 he seat OF wal was fully authorized by Law IN
the words OF the Odd Article Of War o give orders for
what was neetiul 10 the seryice" or in other words 10
supply the Volunteers thus raised with Ratons Arms ,,d
Aceouuemens, Camp Equipnge, Clothing, or money I'M
lieu thereof and require be paid as the Law di
reefs had General Staff that would honor To the
tnan
prompt, vgan talented. obedient coureou, and obIi
gng officer in service with Volunteer, ia in d,
pound 10 be. Every member of them merit promotion
which trust wall be awarded them when il is seen "a il
must soon be obvious 20 the President of the United
Statee, that so far from having REQUIRED Them % 10
wrong, contributed each Of them the inesnnbl 5,,v
OF promptly preparing Tor war; by cordially taking by the
hand the brave and the Free VIII, desired TO aid IN the de
fence OF me Country, and without whose aid the Country
| cannot be defended. 10y
9TH The fourth ground my justification is Letter Of
Instruction from the Department of War dated September
JOth loi5 from which here present TO the Conn n,,
graph embracing the Presidents decision generating me
from being brought before General Court Martial which
had desired 10 the Of my conduct in accepting the
services OF MAJOR Gays Battalion, being disapproved-
| follows
THE power which you have exercised could he reso,
ed 10 oEy IN case OF extreme public peril error Of
Judgment, with such motives the President has with
pleasure conceded 90 have governed your conduct in this
case cannot be regarded "a crime or rs an offence
subIseung the oiieer to trial While therefore, he does
not approve Of your making the requson for troops viii
out bis authority, because, with all the information you ap-
pear 10 have possessed he would have deemed the
geney such as to require similar proceeding on his part
ne does not perceive any necessity for ordering Court
Martial for that Official Act"
1t will be seen, that these Letters Of Instruction
dated Tie 18th OF August, aud Both Of September ISI5
were written Pror to the Of Hosties and
apparently more with view the fact that Husultes
haa mol commenced az anticipated by me, Than re-
ports upon which based my Tequison prior TO and At
the precise point Of which had anticipated an Al,
tack The Mexican Government had declared their do
termination TO consider Of o. s. Troops upon
the western border OF Texas Of War on our
part Which they threatened repe In addition 10 thsss
threats had received INTEL genoe from various sources en-
titled to great consideration and respect that they were
concentrating considerable forces Maamoras;-under
these circumstances made arrangements send to Gen
sfal Taylor Battalion VI ARTILLERY. and four Regiments Of
Rilemen and Infantry. Although none but the ARTILLERY
we're actually furnished to General Taylor yet have been
ASSURED through highly respectable channe that the ap
parent moral effect OF my ayowed purpose send Gene
raj ayor four Regiments, and n necessary 10 send on
mueh greater force 10 rope the threatened attack tended
10 eheck me movements Of the MeEcans. until late in the
autumn IL Was under these circumstances more than four
on' pof 70 the actual concentration Of from three TO
tour ihqusand Mexican troops Maamoras that
my oa' oi Eounioors had been disappfoyed but at
the same time oToneratod from the mputation Of
fei after the actual commencement Of HOstues when
assured That the enemys forces had accumulated 10 the
number Of siH 10 eight thousaudand when spprissd Of
the i'ct Ihai the principal of General Tayors supplies
were az Point Isabel - miles from bis Army projected