The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-13
COURT OF ENQUIRY
In the Case of General Gaines, &c.
FoRr MONROE,

- sA~S SoSO Va 0CucI6l 08l0eS, 06C.
OLD PoIST COMFORT, Aug. 10, 1916
This being the day fixed for the defence Of General
uanes an UNUSUAL activity prevailed in this vicinity
proceedings The court was densely throngcd with
many bright specimens Of the fair portion Of creation,
and heir husbands papas brothers and beaux Generals
Brooks and Brady Colonel Crane, and Captain Lee, APP
peared in their magnificent uniforms, and the veteran
hero, General Gaines himself more than usually
animated and was greeted as he entered the court by
smiles and looks and cordial shake Of the hands, from
many OF the fair daughters OF Columbia his friends
mighty assemble in the ballroom and lounge en- prone
made or crowd round the piano forte to listen to the
sweet song" with the young and the gay there
that has displayed more of that refined gaanry which
shows the hghbred gentleman than the aged hero him.
self and it would be doing him injustice not to compl
ment him on his good taste on such occasions.
General Gaines is in his 69th year. he has init
mated; but whether his intellect has been impaired or
the fiery ardor of the battle field been extinguhed by
the frost of three and ten winters let those who
peruse the defence, delivered by himself form an
opinion.
The mems conscia recfi before was so triumph.
antly vndcated; and no matter what be the result public
opinion will award full justification TO the veteran
hero for his in the defence Of the country the
occasion in question. He has thrown a regular " bomb
shell in to the department and the bureaus which,
coming in contact with Marcy's inexpressbles" will
doubtless alarm that fifty cent patch" The politicians,
too H. e the military aspirans for the Presidency and
shot, and there is doubt but this case will elevate
the character Of the Army and settle principle which
embarrassed the heads departments
grcss The frequent attacks upon this the nation
al defence, whenever the Army Appropriation Bill is
brought before Congress, prolongs debate, costs the
country thousands of dollars per day-and always
ends in smoke-and if Congress added the expense Of
those debates to make the force efficient abolished it
nua game Of fast and loose on this subject in Con-
gress would lessen the pay Of the willy politicians who
get up these farcical debates to swell their own Golfers
After the Court called to order and the minutes
read and approved,
Colonel PAYNE recalled and examined by General
Gain nntht Of
council of being called in camp previous to the
battle of the 9th May; heard at Point Isabel however
for remaining on the battle ground-the three ju niors
(among whom was Captain Duncan, who distinguished
himself so very much) were for pursuing the enemy; I
do not know the names of the officers; merely speak
from report Witness withdrawn.
Lieutenant CALHooN recalled know there was no
ammunition of sb calibre in the depot at the time Can.
tain Gay received the order by General Ganes which
he the GeneraD afterwards directed to be paid for
THE DEFENCE.
General GAINES rose and addressed the court as fol
lows:
Mr.. President and gentlemen: Having understood
when last before the Court that they making ar.
engagements to terminate their proceedings without
waiting for further testimony gladly avail my self oil
the occasion to complete as concisely can my de.
fence In this shall rely mainly upon the few points
OF law, with the public documents to which then de-
sired the attention OF the court The first great prnci
pie upon which shall call the attention of the court for
my Justification, will be found in the Constitution of the
United States, which coners the President the au
thority Of commander-inchief Of the army and navy
and the militia of the several States when called into
the service of the United States and makes his duty
to suppress instructions and repcl nvasions" as pre-
scrbed by the ID section of the ID article of the Const
tuition am officer in the army, duly commission.
ed and sworn to bear true faith and allegiance to the
United States, and to serve them honestly and faithfully
against their enemies or opposers whomoever and to
observe and obey the orders of the President of the
United States, and the orders of the officers appointed
over me, according to the rules and articles OF war
When duty in command Of n separate district or di-
vision, am the senior officer of the army standing
next TO the President a military point of view in yir
tue OF war Dreyet - which have civ
desired to give upfor commission in the line the army
OF the grade. While in the command Of the west
ern division, therefore, could not but consider
as the constitutional representative of the President
Commanding as did, in obedience to his or.
ders was clothed with all the authority he
could confer on me-, necessary and proper to rem.
der the command ccnfded to effective and
fe satisfied that had full and complete authority to
suppress instruction and repel invasion" did not in.
deed feel clothed with full authority to call for
require drafted militia without emergency Of
make such call But did feel my If fully at liberty
TO accept the services Of the brave the free men
any of the states Of this Union whenever had good and
sufficient reasons to believe that without the
OF additional force upon the frontier
troops defenceless citizens would be in danger
being suddenly attacked and overpowered by
other ferocious foe. This brings to this second
ground Of my justifcatons which will be found in the
second article Of the amendments to the constitution
which is in these words "A well regulated militia
being necessary to the security Of free State the right
of the people to keep and bear arms shall not be in.
Dged" Under this provision of the constitution the
people, and may here speak OF them as the sovereign
people, of this Union have unquestionabe right 10
offer their services TO any commander of the United
with INVASION at once to repair to the threatened
tier, and voluntarily repel any attack have
ken the political stump to hatter the sovereign people,
with view to obtain their for some high political
saton nevertheless think myself bound to take all fit
and proper occasions in power to vndicate and main
tain their rights and protect their persons and property
Their right to bear and to them freely in the
national defence, hold TO be Of the main pillars Of
the Union. But have accepted the services of
volunteers without seeing clearly re-
curing them; in actual when the frontier was in
Imminent peril The third ground Of my justification
bearing date the 2sh August lsl5, in reference to my
requisition His Excelency, Governor Mouton, Of
Louisiana asking for battalion of artillery to be sent
to the army Of occupation under the command of General
Taylor, containing the following admontory orders
rty to make requsiton upon the Governors Of the re-
spectve States for the militia thereof to be employed in
the service Of the United Staess vested only the Pre-
sident and limited in its exercise to two three speci
fc specified The emergency which would tole.
rate the assumption OF this authority by mill
tary officer In command at distance from the seat Of 60
vernment in anticipation of the Presidents action must
be indicating great and imminent peril to the
trya peril great and so imminent to leave
sonabe doubt that the President with full knowledge
all the circumstances Of the case would have felt to
be his duty resort TO such aid" have shown to the
court that all my efforts to obtain volunteers during the
Of May and June s46 in strict accordance
with the letter and spirit of these orders. Every intel
gent citizen with whom had the means Of comforting,
acquainted with the western border of Texas, and the
valley of the Rio Gandc, united in the opinion that the
situation Of General Taylor's army one Of great
and imminent peril" OF this had not doubt, and
felt convinced that all the most ta.ened known to
me OF the West and the South OF all parties entertain
similar opinion The President Of the United States,
with both Houses Of Congress by their prompt action
in favor of the liberal appropriation OF ten millions Of
dollars and providing for calling out fifty thousand
volunteers meet the very emergency for which
iaboring to provide adequate and temporary means.
Afforded, as humbly conceive, incontesble evidence
that they ceasdered the situation of General Tayors
army one OF great and imminent peril peril so great
and so imminent as to prompt those high funconares
TO provide ample for the defence of the
try in the brief Of two three days, than had
been accomplished within short period Of time du-
ring the last thirty years Having invited twenty
regiments OF volunteers into the United States service
under the pressing emergency of which but onehrd Of
was fully authorized by law in the words of the sixty
second article of war; to give orders for what is nsed
full the service or in other words supply the volun-
teers thus raised with rations and accoure mens
camp equippage, clothing money in lieu thereof and
rennire rhem 10 be paid as the law trecta had 1en