The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-25
The Decision I'm the Case OF General Galnos.
GENERAL ORDERS. WAR DEPARTMENT.,
ApJur'Sr GrNrnAL's ORR,

GENERAL ORDERS. WAR DEPARTMENT.
Apyur'sr GENEnAL's OrrIcE.
The Court of Inquiry, whereof Brevet Brigadier
General II Brady is President, instituted by General
Orders, NO %, OF June 30h, to investigate certain
transactions therein set forth the part of Bevet Major
General f. P. Gaines, Commanding the Western Di,i
sion of the Army which convened at Fort Monroe, Va
the goth day Of July 1896 has reported the following
facts and opinion -
d" General Gaines learned at New Orleans about the
LIST May 1896 that Mexican army of superior force to
the army under General Taylor, advancing to in
was informed ofcialy from General TAYLOR Of MS sua
ton and what auxiliary force ofvoluneers he had called
from the States viz four regiments from Louisiana and
Jour regiments from Texas and he was requested by
General Taylor, to aid the Governor of Louisiana in
equppng and forwarding the troops of that State.
wrote to the Governors of Mississippi Alabama Tsnnes
see Kentucky and Missouri advising them to anticipate
call from the President OF the United States for volun
eers and to make preparations to raise the troops It
was not however in form arequisiton them to send
forward troops before they were called for by the Pres
dent
On the srd May, General Gaines sent an officer to
Mobile, to raise volunteers for Tay lors army On the
4th, one company raised, and embarked for New
Orleans The whole volunteer force to be raised at Mo-
bile General Gaines limited by orders of May Gth not
| to exceed two regiments or twenty companies.
About the 4h May, the Governor OF Missouri, being
at New Orleans, rendered to General Gaines regiment
which offer General Gaines ccepted
"On the sth May. General Gaines authorized Colonel
Crane commanding at Pensacola whence General Gaines
had Withdrawn the garrison regulars to send to Texas
| to muster into the service volunteer
panes also informing Col Crane that he had requested
the Governor of Alabama to send there two volunteer
companies making three more companies, called out
authorized to be called out for the protection Of Pen
| sacola
Saunders to raise regiment Of mounted gunner, from
| 500 to 600 men.
"On the nth May, he authorized A. NJ Dunn to raise
company OF 100 men to guard the Arsenal at Baton
| Rouge.
regi nent Of mounted gunner from Ave to ten CON-
panies each company TO number from 60 to 100 men
thereby authorizing the levy of 800 500, 600,
| 100 men
Nay 18th. He authorised w. B. Lewis to raise
regiment Of mounted gunmen-fve to ten companies of
10 to 100 menamounng to $780, or 500, or 700 or 600
men
MAY 18th. He authorized Bailie Peyton to raise
regiment Of ten panes-each 60 to 100 amount
| ing to 600 or 900 men.
May I4th. He authorized + Busson to raise bat
talon Of two panies-each go to 100 men-amo unit
ing to leo 200 to garrison Fort Jackson and St
! Philip till further orders
May 10th. He authorised s Gilbert to raise reg
ment of mounted gunmen-6ve to ten companies each
company to be so to 100 men--amounting to 300 $780,
600 or 900 m0n
Fulton, w s. Hays, }. r. Creecy. ana E. L Tracy, to
raise each regiment OF ten companies each 80 to 100
men. The whole amounting to 1900, $500, 200, or
May 22d He authorized P. B. starke to raise regi
ment of companies-each 60 to 100 men making 600
MAY Dad. He accepted the offer of the Governor Of
Mississippi to furnish 1000 MISUNDERSTANDING the
| regiment to be raised by P. B Starke.
"hay 3lst. He issued orders to complete the muster
| of two regiments of volunteers from Alabama-only
three companies having BEEN at this tme raised his
| previous acquisitions.
I'm the latter part of May General Gaines raised and
mustered into service. Gay's Battalion of Light Art
this levy does not appear in document before the
court and is not remembered by the witness examined
to this poin-General Gaines Assistant Adjutant &C.
neral.
The find further that in consequence of Gene
raj Gaines communication to the Governor of Kentucky
about the LIST 4h May, representing the situation OF
General Tayors army, the Governor raised and sent
| forward regiment from Louisville-which its arr
val at New Orleans about the latter part of the month
General Gaines accepted and mustered into the service
"The foregoing statement shows ak the troops raised
called for by General Gaines 1t appears, however
that tho only troops actually raised and brought into
vice by him these calls the ST. Louis Legion OF
Missouri the Louisville Legion, of Kentucky Pey toms
and Feherstons regiments Of Louisiana volunteers and
MES of Alabama volunteers raised at Mobile.
THE court find further that when General Gaines
rslived from command of the Western division and
ordered to repair to Washington city, and in execution
of said order, had arrived at Mobile on the 18th June
was then and there informed bv the Governor Of Ala
of volunteers assembled at that point by the President Of
the United States for which reason the Governor ap
piled General Gaines receive into the service Of the
United States for the proper of these voun
teers Brgadier General Smith, whom the Governor
had commissioned to command them, and his staff
whereupon General Gaines did receive and muster into
Walter Smith, as Brgadier General.
Thomas Casey, Assistant Adutant General
| Inn J. Walker, Assistant Inspector General
| William p Brown, Brigade Quartermaster.
| Charles D. Sanford, ABIDE Camp
Richard Lee Feam, Brigade Surgeon.
1.-THE order of General Gaines, published in this
directed that it should remain in force till final instruc
tons should be received from the proper authorities at
Washington and further directed General Smith to
ganze the volunteers and the said organiza
ton should be completed, to proceed with them without
delay to the seat Of war.
eers and Others to staff Offices as shown in the official
documents sent evidence to the court not being sta
which is directed enquire, It Is not consi.
dered in this statement of facts nor in the opinion of
the court The facts and circumstances, however
set forth in the evidence for the information Of the de-
parment of war.
raj Gaines the court find that he ordered the issue of
ordnance and ordnance stores to and equ all the
for those called out by General Taylor also that he
ordered the Quartermasers department to furnish camp
equpage and qnartermsster supplies also ne ordered
arriving the general rendezvous for muster and
to issue to them previous to the muster
The court also find an issue, by order OF General
Gaines OF pieces of field artillery and IS rounds Of
ammunition to two private gentlemen and planters IN
the parish Of West Baton Rouge for the protection of
the parish against the slave no pulaon condition of
| the return oil the guns when called for
In regard to orders by eenerai Games 10 San Sh
two such yments Indicated IN the DOCUMENTARY ev
LIST He ordered the Qusrtermaser to pay 500 to
Major Gallys Battalion for commute ion in advance oil
clothing and 3D. He ordered the ordnance officer to
pay contracted by Major Gay for ammunition
fJr his batteries amounting 10 9i tof ~ noh winch
sums and accounts paid accordingly. And further
the Court find he ordered the Quurtermasters De
parme pay in advance to all volunteers commute
ton Of tx months clothing. That any payments were
made under this order, appear by any evidence
sent to this Court
And upon the foregoing findings of the facts in the
case the Court submit The following
OPINION
commended by General Gaines that he acted in
cordance with his Instructions from the War Depart
ment The Court find that these instructions were as
follows -
list August 2sth ls45.--The Secretary of War wrote
to General Gaines II cannot be necessary to apprize
YOU that the authority make Iequisition upon the
Governors Of respective States for the militia thereof
employed in the service OF the United states, is
vested only in the President limited in its exercise TO
two or three specified The emergency which
would tolerate the assumption Of this authority
by military officer command at distance from the
seat of in anticipation of the Presidents &C.
ton must be one indicating great and imminent peril to