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

General Gaines on trial before court-maria He
dd not want 10 step between the Secretary President
ana TINS major general Let them settle the natter if they
had any thing TO settle How did the Senator from Virginia
(Mr ARcHEn) know that the President would not order
court maral
] Mr.. ARCHER. He has not done SO
Mr.. JOHNSON. Is that proof that he will not Az IN
the correspondence referred between General Scott and The
Department. had been said in the newspapers that there was
angry correspondence going but he did know any
thing OF that But designed to egsate General Scott
out of Office Was il intended to teach him how to conduct
his correspondence Was he To be instructed write only
nhoneyed sentences If General Scott had acted wrongly let
the Executive call him to The President must as
that responsibility He (Mr J) would leave the whole
matter in the hands of the Executive.
Mr. WEBSTER followed. He dssened from the broad
ground taken the last speaker defence every thing
merely because existed He did suppose in the
history of free government, from the earliest time down that
memorable hour when Washington called
military authority for the public good that that power was
ever given except for the defence and security Of the general
veal He felt convinced that his friend, who q good
lawyer, would reflection, his opinion Under the
Constitutions, which seduousy guarded against military
power which every where exhibited such dread of it, they
could raise armies, but had nothing do with the militia ex
cePt In OF nsuecon aid in the execu
ton OF the law And the whole sum of only ths-tha
e constitution and laws are to be only general rule and
that above that there another and paramount He was
that the Senator did assert such princple
Mr. W. then reiue the argument Of the Senator
from Maryland He reoced in the Of the American
ary glory valuable only when achieved under the
Constitution and laws He had applause estow on VIC
tories gained above the law Their rights and liberties
to be protected That protection infinitely more
valuable than the successful issue of any battle hundred
might be found able repair the disasters Of defeated
army but who he, if they suffered the great fundamental
principles of civil liberty 10 be thrown down. who he who
should rebuild them After additional remarks, the hon
orab Senator concluded by pointing the evil consequences
which might have resulted from this unauthorized call Had
the general been younger and ambitious instead of
sending the troops he would have led them and, instead of
leading them to the theatre of ne might have taken them
whittier his ambition directed.
Mr. JOHNSON, of Maryland, replied the Senator from
Massachusetts, He alleged that there where the
Constitution and the laws necessarily silent Would
the Senator deny this
Mr. WEBSTER. Yes do
Mr. JOHNSON. Let put a question the Senator.
Suppose that the of the United States danger of
being overwhelmed by vastly superior force would be
the duty of general in the position of General Gaines fly
to its aid Would the Senator himself have gone the
aid of the army
Mr. WEBSTER Certainly
Mr. JOHNSON. Under what law
Mr. WEBSTER. The law of duty.
Mr.. JOHNSON All under the same law Gen. Gaines
Mr.. WEBSTER Not at all
Mr.. JOHNSON WHY not
Mr.. WEBSTER. Proceed, and | will answer you
Mr.. JOHNSON then went TO defend his position.
Mr. WEBSTER replied. There analogy whatever
between the of individual citizen rushing the
danger and that of general Of the army ordering troops
the aid of the army supposed And he always
ready go far the arthes and stand long the
most stable in the defence of the country But voluntary
act Of individual PATRIOTISM and the OF major general
o,dorns reop ,ithot authority different things
Mr. W. reiterated the strong points his argument and con-
cuded by saying that he had expected that of
perfect internal quiet at all endangered by
with overlooking treasury with popular President
commanding large majorites in both Houses; with oppos
ton TO the Executives with single individual hardly
tanly with numbers Withholding any means with every
for VIII and
many menvotng in an hour all that the Executive called for
he did expect that with such things and at that
period OF their history to hear in that Senate military ransac
tons justified the ground that they demanded by
urgent temporary necessity admitted they had been
without any color of law
Mr. ARCHER submitted the following amendment
Strike out all after the word claw" in the 9TH line and
insert $ follows
'Wheter any and what have been adopted by
the President the Secretary of War; any authority
under his direction IN relation TO such officer the troops
called into SERVICE
Ms. CASS accepted this amendment a modification of
the resolution.
Mr. ALLEN inquired whether the order giving to General
Taylor the control of the operations of the army and au
horzng him call for troops which had been alluded TO by
the Senator from Alabama, (M BAGBr had been commu-
nicated by the Department TO General Gaines
Mr. BAGBY replied that he understood it had the 2sh
of August, Is45
Mr. CRTTTENDEN said he did not rise to express any
opinion the subject under consideration The opinions
delivered here premature This simply resolution
Of inquiry and they would consult the forms Of decency
JUSTICE and propriety by waiting the information for
which they asked before delivering any opinions
referred TO- 1t has been said that General Taylor had
enabled 10 meet and conquer the enemy by being reinforced
with part of the troops called by General Gaines He
Mr.. G. denied it, q Honor whom honor is DUE" The
brave little army under General Taylor deserved, and should
have all the honor Our glorious little army had won all the
glory and they should enjoy it. 1t had been stated
General Taylor in imminent danger Of being at
tackled and destroyed by those terrible Mexcans He Mr
c. entertained such idea for single moment He
believed that General Taylor the least danger
He knew the and from that knowledge he felt assured
that whenever he General t. thought necessary he would
drive the enemy the Rio Gande whip Them and take
Matamoras All honor and glory, them be the brave little
army who had covered themselves with glory The Senator
from Arkansas (Mr. SEvIER) had praised General Gaines
He (Mr % would cast blame upon General Gaines pre-
maurey No would rejoice him fully vindi-
Gated But while defending brave soldier he regretted
that the honorable Senator had INDUCED nsnuaons against
another distinguished soldier Why il necessary to in
that the distinguished General mentioned in the
amendment offered by the Senator had Stunned the field of
danger by dng his time away from that field to which his
country called him He denied that there any ounda-
for those charges. No, Mr. President Drawer soldier
never met enemy. He idler He never Stunned
danger How could General Scott have rushed the scene
Of He was not ordered there, and it his duty to
wait for orders How then, could he have gone the scene
Of action without being ordered, unless Influenced by one of
those impulses Of patriotism which referred by the
Senator from Maryland Mr JOHNSON who would pardon
him for this alusonbe had rushed oft TO the field Of battle
under of necessity, without law ORDERS and had
thus reached the Rio Grande Has he not given every evil
ence that he ready and willing bis country in
any place which the Government might assign him But
he would make comparison between these brave SOL
Ihaxx both