The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-11
DEFENCE

but wo to his advisers.
DEFENCE
of Major General EDMUND P. GAINES,
reaa before the Court of INQUIRY conuened
at old Point Comfort, ON .Mondav the
loM day Of August, ]S4s.
Mr.. President and Genilemen--
Having understood, when last before the Cuur,
that they were making arrangements to terminate,
their proceedings without waiting for further ties
tImony, gladly avail myself Of the occasion t.
complete, as concsely as can, my defence. Ia
this | shall rely mainly upon the few points o.
law, with the public documents to which the,
desired the attention of the Court
LIST. The first great principle upon which /
shall call the attention of the Court for my ius
tfcation. will be found in the Constitution of IN.
United States, which cOnfers on the Presiden
the authority of Commander IN Chief of the Ar
my and Navy, and the Militia of the severn
States, when called into the service of the Uni
ted States (; and makes it his duty "to suppress.
insmrrections and repel inuasions.'' (See sec
tion 2. of the Sd Article Of the Constitution o
the United States.)
am an Officer in the Army, duly commission
ed and sworn to bear true faith and allegiance I,
the United States, and to serve them honesl,
and faithfully against their enemies or oppusers
OTUeT>
of the President of the United States, and III,
Orders of the Officers appointed over me, accord
ing to the rules and articles of War. When OIL
duty in command of separate District or Divis
Ion, am the senior Officer of the Army stand
ing next 10 the President in military mint %
view, in virtue of my Var Brevet, which hav.
never given up. or desired to give up for Com
mission In the Line of the Army of the sam.
grade. While in command of the Western D
Il L... /
as the constitutional Representative of the resi-
dent, commanding as did in obedience to his
ORDERS, was clothed with all the authority he
could confer on me. necessary and proper 10 rem.
der the command confded to me, effective and
SUCCESSFUL. L felt satisfied that | had full and
complete authority 4" to suppress, instructions
and repel iIuasiuns"-l did not, indeed, feel
myself clothed with full authority to call for or
require drafted Militia, without an "emerprncy
of great peril to the country" because / had
orders not TO make such call. But | did feel
myself fully at liberty TO accept the serpices of
The braue and the free men OF any of the States
OF this Union, whenever had good and sufficien,
reason to believe that without the immediate CON
centratlon of additional force upon the frontier
near me, our troops defenceless citizens would
be in danger of being suddenly attacked and
overpowered by savage or other ferocious foe
This brings me to the
Z. The second ground of my Justification,
which will be found in the ID Article of the
amendments of the Constitution 1T is in these
words :-' A well regulated Militia being aeces-
sary to the security of free State, the right
81 The people TO keep aud bear Arms shall mol
De tYrnged." Under this provision of the
Constitution, hc peopLe-and may here speak
of them as {" The Sovereign people"-uf this
Union, had an unquestionabie right To offer their
services TO any Commander of the United Stale.
Army, or to any of the Stale authorities threat
ened with Invasion, at once To repair TO the
threatened frontier, and voluntarily repel any al
tack. have never taken the political stump IT,
Halter the sovereign people, with view to oh
tain their votes for some high political stallion
nevertheless, think myself hound to take all fiji
and proper occasions in my power to vindicale and
maintain their rights, and protect their persons
and property. Their right to bear arms and to
use them freely in the national defence, hold to
be one of the main pillars of the Union But
have never accepted the services of Volunteers
Without seeing clearly emergency reqnirino
1t; in actual war, or when the frontier was in
imminent peril.
Sd. The third ground of my Justification is a
Letter OF Instruction, from the Department OF
War bearing date the 2Slh of August, lS45. IN
reference TO my Requsiton on His ExcelIency
Governor A. Moutnn, of louisiana for Batlal
ION OF Artillery 10 be sent TO the Army Of Occu.
Pd'ion, under the command of General TAYLOR
containing the following admOnirorY orders -
cannot De necessary to apprise you that tht
au'hoilty To make a requistiUn upon the Gov
eIhoTS OF the respective States for the Militia
'hereof, TO be employed in the service orfhe Uni.
led States, is vested only IN the President. and
Ntnlted IN It's exercise to two or three specifed
cases. he emergency which would tolerate
or excuse the assumption of this authority bv a
Military officer In command, al distances from
The Seat OF Government in anticination of IN,
"Presdenrs action, must be one iud;coI;ng
great ana imminent peril 10 The Counirvs
peril so great and 50 imminent as to leave nj,
" reasonable doubt that the President with FIJI
know ledge Of all the circumstances of the case
would have felt II TO be his duty TO resort to
"s such aid"
] have shown TO the Court that all nv efT,r,s
TO obtain Volunteers during the months of Nav
and June, 1916. were in strict accordance with
!he ietter and spirit Of these Orders Every
intelligent citizen with whom had the means ol
cCCnsiIe'rIhg' acquainted with the Western borde,
" eNaS' and the valley of the Rio Gfande, uni
,ru W ,ho opinion, that the situation Of General
idy,o! army was one Of " great and imminent
Pe'"' vi thls had not doubt, and felt con
Vnceo 'hal all the most talented men known 4,
me OF the Westand South, of all politicaI pa,ties
entertained similar opinion The President al
the United States, with both Houses Of C,,,,,o,s
by their prompt action in favor of the libe,sl o.
preparation Of ten millions Of dollars. ard n,o,,;5
ing for calling out fifty thousand vol,,,na,. :,
meet the very emergency for which was labo,
ing 10 provide adequate temporary means. afford
ed, as ! humbIy conceive, incOnlesuble evidence
that they considered the situation Of General
laylor's Army one of great and imminent peril,
peru so great and so imminent 6s TO prompt