The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-27
Charles b. Sanford, aid de- camp.

directed Gen Smith to organize the volunteers
and the said organization should he
completed To PROCEED with them without DELAY
TO the seat of war.
"The appointment by General Gaines Of GER
tain volunteers and others to staff officers as
shown in the official documents sent as evidence
To the court not being stated in the order appoint
ing the court, as one of the matters into which i,
is directed Ia inquire, it is not considered in this
statement of facts, nor in the opinion of the court
The facts and circumstances, however. are set
forth in the evidence for the information of the
Department of War.
' In REGARD to issues Of public stores nv order of
General Gaines. the court find that he ordered
the Issue of ordnance aud ordnance stores to arm
and equip all the volunteers called out by him,
and also. when necessary. for those called out by
General Taylor also, that he ordered the quarter
masters department To furnish camp eqnpape and
quar'ermaster's supplies also, he ordered the
commissarIes to furnish subsistence TO all vulun-
teers arriving at the general rendezvous for mus.
ter. and to issue Ia them previous To the muster
" The court also find an Issue bv order of Cen
era Gaines of two pieces of field artillery, and %
rounds of ammunition 10 two private gentlemen
and planters in the parish of West Baton Rouge,
tnr the protection of the parish against the slave
population. IN condition of the return of the guns
when called for.
officers To issue or pay pablo money, the cuurt
find only two such payments indicated in the
documentary evidence. lst He ordered the
qnartermaster To pay $4,000 To Majnr Gally's
battalion for communication in advance of clothing
and ID. He ordered the ordnance officer to paw
accounts contracted by Major GalIy for ammuni-
ton for his batteries, amounting to 81 .467 80.
Both which sums and accounts paid accord.
lngly. And further. the court find that he order
. > 4.
vance to all volunteers communication SIX munrhs'
clothing. That any payments were made under
this order. dues not 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:
g 1t is contended by General Gaines that he
acted in accordance with his Instructions from the
War Department. The court find that these in
strnctions were aS follows:
" lot. August 2Srh, lSl5.-The Secretary of
War wrote TO General Gaines: 1t cannot he
necessary 10 apprlse you that the authority To
make requisiton upon the governors of the
respective States for the militia thereof to be
employed IN the service of the United States
is vested only in The President and limited in
lis exercise To two or three specified cases -
The emergency which would tolerate or excuse
the assumption of this authority hv a military
officer in command at a distance from the seat
at government. in anticipation of the Presidents
action, must be one indicating great and i'm
minent PERT To the cOnntry--a peril so great
and imminent as 10 leave no reasonable
doubt that the President. with full KNOWLEDGE
ut all the circumstances of the case would have
felt it his duty to resort To such aid The as
sumption OF this authority by an officer so sit
mated. should he under circumstances which
would he 10 cOmman nd his r,,;G
cation of it, "
" I'd On the 18th Of September, 1916 the Sec.
rotary of War wrote To Gen Gaines You
misunderstood your position in regard to the
commanding General in Texas His command
is wholly independent of you the orders and
instructions for his conduct emanate only from
the Government here; and you are directed to
abstain from all interference with him"
&" Sd. And again, on the 30th September, lS45 ::
The power which you have exercised conld
only be resorted TO in cases of extreme public
peril An error of Judgment. with snch mo-
tiVes as the President has with pleasure con-
ceded 10 have governed your conduct i'm this
case, cannot be regarded a crime. or an of
fence subecling the officer to trial."
" The court find further Instructions to General
Gaines from the office Of the Adjutan1 General, of
date May 10, 1916, from which the following is
extracted
Louisiana and Alabama, Sc. and which YOU
have previously reported, meets the approval of
the department
4" In the opinion Of the court this approval rati-
tes the call and orders of General Gaines to raise
two regiments at Mobile, and three or more com
panies a, Pensacola
" The court also deem it unnecessary to con-
slider the case Of the ST. Iouis Legion received
into service by General Gaines as ne was in
tfF-O al, /
I'D. that the said regiment had heen accepted ,
and would be regarded as a portion of the force
called out by the President
" In regard to the Louisville IeriOn il appear rs
from the statement of General Gaines, and tcsti
mony of Lieut.. Calhoun. 10 have been raised
without call from General Gaines; though ac-
cepted by him into service before he had received
special authority from the War Department. 1t
was, however, subsequently accepted by the de.
partment-by Instructions to Gen Gaines of Nav
2Sth-ln which instructions, however written on
the superstition that he had called on the Cover
nor for the troops, he is informed of the diSappro-
val Of the department. and then the call was
without authority Of law.
" The court cannot find that General Gaines.
at the time he received this Legion into service
(about the last Of Mayo had authority to do So
under his Instructions But as the REGIMENT
was already sent forward, he felt himself. on lis
aTTIVai NJ New Orleans, under the necessity to
receive 1t, and TO trust to the subsequent ratifca-
ton Of The department.
% In regard 10 the other calls made by General
Gaines. before the l7ih Of May to raise troops for
Iaylor'S army, the court are of opinion, that.
under the previous Instructions of the War De
partment, and IN the situation of TayIOrs army
and upon ascerlaining the slow progress Of the
enrolment Of the Louisiana Volunteers. and upon
ascerIalnlng further that General Taylor could
not receive more than small portion Of the force
which he had called from Tcxas-that under
these circumstances General Gaines was justified
IN underwriting to supply General Taylor to the
amount OF the auxiliary force which he himself
had called for; and if such force could not be ob