Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-08-14

Freedoms banner streaming over lhem"-the
only lights by which the American Eagle, with
the lnstre Of her wing the terror OF her beak and
The lightning of her eye, can burn into dust the
thrones OF tyranny.
Correspondence IF The NorfoN Bcaconl
COURT OF ENQUIRY.
OLD PoisT, August llth, 1916.
Gentlemen: The announcement made by &C.
neral Gaines on Saturday last chat he would, on
this occasion, submit his final defence, his closing
speech" to the Court of Enquiry, was well adapt
ed, as you may well imagine, 10 invite the at
tendance Of the elite multitades now conerega,ed
al this deservedly popular and fashionable Sum-
mer retreat, and accordingly at an early hour The
Court room was the busy scene OF the most in
tense and eager interest, to hear The justification
CT the venerable General, whose bland and cour-
teous manners, and genllemany bearing, daring
his short stay here, have greatly endea!ed him 10
every visiier.
Al The appointed hour the Court being opened.
and the proceedings oil The last day having bsen
read By The Recorder, Colonel Payne, whose les
lmony was given on Saturday last, was again
called into Court, and Intercepted by General
Gaines.
Ques'on.-Do you know, or did you hear, thai
a Council OF War was convened by General
Taylor on the 6lh May, and previous 10 his
fighting the battle Of the 9Th, 10 consult on the pro-
priety OF the step, &c.2
Answer-I know nothing of it OF my own
knowledge. Alter / returned TO Point isabel,
(Col. P. was severely wounded on The 9Th, and
was sent back 10 Point Isabel Tor medical and
other alIention,) report reached there tha,
Council OF War had been convened, composed
Of nine officers, That the six senior officers OF The
council were adverse 10 leaving the battlefield Of
The 9Th, and the three junior officers were in favor
Of leaving and pursuing The enemy; among The
LATER, Captain Duncan, who had so greatly dis
inguished himself in the batlle of The Sin, Iumor
had, was the most urgent 10 pursue the rerealing
enemy.
Lieut.. Calhoun being again called, was asked,
estate what you know about Gen. Gaines order
10 Major Gally for The purchase of the eight can
mons, &C., ard why they were purchased"
Answer-They were ordered and purchased
because no ammunition OF that calibre was in
The depot or any OF the rendezvous in Gen. G.s
division.
The testimony being concluded Gen. Gaines
remarked as follows:
Mr. President md Gentlemen:
Having understood when las! before The Court,
that they were making arrangements In terminate
their proceedings without waiting for further les
,imony, gladly avail myself Of the occasion 10
this shal RELY mainly upon The few points Q!
law with the public documents 10 which desire
the attention Of the Court.
/. The first great principle 10 which | shall
call the attention Of The Court for my jnsliica-
ton, will be found in The Constitution Of the U.
States which coniers on the President The au-
,hory OF COMMANDMENT. Chief of the Army
and Navy, and The militia Of the several States,
when called into the service OF the United States;
and makes il his duty 80 suppress instructions
and repci inrasions," [see Sec. 2 Of The 81 Art
ut The Constitution OF The United States am
an officer in the army, duly commissioned and
sworn 10 bear true faith and allegiance 10 The Y.
States, and to serve them honestly and faithfully
against their enemies or opposers whomsoeveI,
and 10 obey The orders of the President OF The U.
States, and The officers appointed over me accon-
ing 10 The Rules and Articles OF War. When on |
duty in command oi separate District or DiYi- |
sion, am the senior officer OF The Army, stand |
ing next 10 the President, in military point
of view, in virtue OF my I1ar Breuet, which |
have never given up, nor desired 10 give |
up, for a commission in the line OF the Ar
my of the same grade. While in command |
OF the Western Division, therefore, | could not
but consider myself IS The constitutional repre-
sentative OF the President, commanding, a did,
in obedience 10 his orders. | was clothed with
all he authority he could confer on me neces-
sary and proper 10 render The command conhded
TO me cfectips and successful. felt satisfied thai
had .uil and complete authority "io sMpwcss IN
surrcctions and Tspst iurastons" did not indeed
leel myself clothed with fu!! authority 10 call tor
or require drafted militia without an "emergen-
cy of great peril 10 the country" because had
orders not TO make such call. But did feel
myself fully at liberty to accept The ssrlees Of me
brare and the free men OF any OF the States OF this
Tn;o ,uhap / haI In nd
10 believe, that, without the immediate concen,ra-
ton of additional force upon the frontier near Inc,
our troops or defenceless citizens would be in
danger OF being suddenly attacked and overpnw'
cred by savage or other tcrocicus foe. This
brings me to The second ground Of my justifica-
zion, which will be found in the second article OF
the amendments 10 The Constitution. II IS in these
words "A well regulated militia being necessary
10 the security of free State The 7ish 81 Tic pco-
PIE 10 keep and 10 bear arms shall mt be intrtnsed
Under this provision Of The Constitution, the peo-
pIe-and may here speak of them as "the sove-
reign people ol the Union" have an nDqnestion- |
able right 10 offer their services 10 any comman-
der OF the United Stales Army. or 10 any OF the |
State authorities threatened with invasion, or al
once to repair TO The threatened frontier and vo
UNFAIRLY repel any attack. | have never taken |
the political stump 10 ialter the souereisn people
OF this nation with view 10 obtain their votes
for some high political station, nevertheless |
think myself in duty bound 10 take all fit and pro-
per occasions in M power 10 viGdica,e and main
tain their rights, and 10 protect their persons AM
property. Their right Ia bcnr AIMS, and 10 use
them freely in The national defence, | hold II
be one oil The main pillars OF Tbs Union. But |
have never accepted the services OF volunteers
without seeing clearly an emergency requiring il,
either in actual war, or when the frontier was
in imminent peril The 81 ground Of my juslf-
cation is letter Of instruction from the Depart
ment OF War bearing dale the 2Sb August, 1915,
in reference 10 my requisilion on his exceency
Gov A Mouon, of Louisiana, for a Battalion
of Artillery, 10 be sen! 10 the Army Of Occupa
ton, under the command Of Gen. Taylor, con-
tanning the following admonory orders. 1t can
not be necessary 10 apprise you that the aulhori-
W TO make a requison upon The Governors OF
the respective States for the militia thereof 10 be
employed in the service OF the United States, is
vested only in the President, and limited IN lis
exercise 10 two or three specified cases. The
emergency which would tolerate or excuse the
assumption OF this authority by military officer
in command at distance from the seat OF Co
yernment in anticipation Of the Presidents &C
ton, must DC one indu0ting great and 1mmfne7n
p.ri!t0 The country, peril so great as 10 leave no
reasonable doubt that the President, with full
knowledge of all the circumstances Of the case,
would have ielt tito be his duty 10 resor! 10 such
aid have shown to the Court that all my efforts
to obtain volunteers during the months OF May and
June, l84e, were in strict accordance with the letter
and spirit of these orders Every intelligent
citizen with whom had The means Of comforting,
acquainted with The western border of Texas and
the valley of The Rio Grande, united in the opin-
ion, that Inc situation OF Gen. Taylor's army vas
one 'of great and imminent peril Ofths had
not dnnhf and felt convinced that all the most
talented men known 10 me, olihe West and South,
Of all political parties entertained similar OPT
nion The President OF the U. States with both
Houses oil Congress, BY their prompt action in
favor OF the liberal appropriation OF len millions
of dollars and providing for calling out $4,000
volunteers TO meet the very emergency for which
was laboring to provide adequate temporary