The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-24

in accordance with his instructions from the war
Department. The court find that these instructions
were as follows
| oIst. August 26th, ls45.-The Secretary Of Wa
wrote 70 General Gaines 1T cannot be necessary
TO apprise you that the authority TO make a requi
sitOn upon the governors Of the respective States
for the militia thereof to be employed in the ser
vice Of the United States is vested only In the Pres
ident and limited in its exercise TO two or three
specified cases. The emergency which would tol-
crate or excuse the assumption Of this authority by
military officer In command al a distance from
the seat Of government, in anticipation Of the
Presidents action, must be one indicating great
and imminent peril to the county, peril so great
and so imminent as TO leave no reasonable doubt
that the President, with full knowledge Of all the
circumstances ofthe case, would have felt II his
duty 10 resort To such aid. The assumption OF
this authority by officer so situated, should be
under circumstances which would be sure 10 com
mGnd his subsequent rat hcatlOn OF IT,"
''2d On the 18Th September, l545, the Secretary Of
War wrote to General Games: You mlsunder-
stand your position in regard 10 the commanding
general in Texas, His command 10 wholly IN
dependent Of you the orders and instructions for
his conduct emanate only from the government
herei and you directed 10 abstain from all IN
reference with him. "
"3d And again, on the 30th september, lS45; The
power which you have exercised could only be
Tesorted TO in cases of extreme public peril. An
error Ofjudgment, with such motives as the Pres
erned your conduct in this case cannot be regard
ed as crime, offence subecting the officer
to trial"
THE court find further instructions TO General
Gaines from the office Of the AdJutant General, OF
date May Ia, 1896 from which the following u ex-
| tracted:
The volunteer force called into the service from
| Louisiana and Alabama, &c. and which you have
previously reported, meets the approval OF the
department. "
"ln the opinion Of the court this approval ptifes
the call and orders Of General Gaines raise two
regiments at Mobile and three or more companies al
| Pensacola.
"The court also deem il unnecessary to consider
the Of the ST. Louis Legion received into ser
vice by General Gaines; as he was informed from
the adjulant generals Office, May 22d, that the
said regiment had been accepted, and would be re-
gardsd as portion Of the force called out by the
| President "
"ln regard to the Louisville Legion, il appears
from the statement Of General Games, and testmo.
| ny Of Lieut. Calhoun, TO have been raised without
direct call from General Gaines; though accepted
| by MIN into service before he had received special
authority from the War Department. IL was, how
ever subsequently accepted by the department
! by instructions to General Games Of May 2Sth-In
which instructions, however written on the suppo-
sItlOn that he had called on the governor for the
troops, he is informed Of the dsapproyal Of the de-
partment and then the call without authority
The court cannot find that General Gaines, at
the time he received this legion into service, (about
the last Of May had authority to do under his
instructions But as the regiment was already sent
! forward, he felt himself, It's arrival at New Or
leans, under the necessity TO receive IT, and TO trust
TO the subsequent ratification of the department
| I'm regard TO the other calls made by General
Gaines, Before the l7th May to raise troops for
Iayors army, the court are OF opinion, that, under
| the previous instructions Of the War Department,
| nd in RI Of Ia nd
ceraining the slow progress Of the enrolment Of the
louisiana volunteers, and upon ascertaning further
! that General Taylor could not receive more than
small portion Of the force which he had called from
| Texas-that under these circumstances General
Games was justified in endeavOrng to supply Cen
eral Taylor to the amount Of the auxiliary force he
himself had called for and If such force could not
| be obtained from the States TO which General TAy-
! Tor had applied then General Gaines justified
| in applying to other States. The court do not
! extend this approval to the acquisitions for
mounted gun-men. The four regiments Of this
description of force, amounting TO 1000 men,
which he authorized TO be raised before the 18th May
destined to march overland to the army, however
useful General Gaines may have considered them
for the future operations Of the war; being re-
qulred or intended for the immediate emergency,
were not authorized by his instructions or by law.
| cit is proper in this connexion to bring TO the
favorable notice of the War Department the prompt
recall by General Gaines, of all his acquisitions for
and that the government incurred no expense on
account Of these calls
"For the calls made by General Gaines for volun-
teers, after the 10Th May, when he knew of the
victories of Taylor the court cannot find any neces-
atty at the time any authority in his instructions,
or any warrant of law. These calls authorized the
levy of 1000 men, besides Gally's battalion of
ullery. 1t does not appear, however, that any, ex
cept the artillery, were raised before the calls were
countermanded.
1.-TWO Of the acquisitions made by Gen. Gaines
for volunteers appear 10 the court 10 be of special
character, viz: to raise garrison Of volunteers
for Forts Jackson and st. Philip and for the arsenal
at Baton Rouge. As the government had withdrawn
the garrison from the arsenal, and had not seen
fit garrison the FORTS the of opinion that
General Gaines ought to have felt himself specially
restrained from raising volunteer garrsons without
| authority.
"In regard to the authorities given by General
Gaines to certain individuals TO raise troops, il ap-
pears to have been his motive to avail himself under
what he felt as the pressure of the emergency, ofhe
supposed influence of these individuals. In Lousi-
ana, where troops were actually raised under such
powers 1t was with the sanction and concurrence of
the governor Of the State who commissioned the Of
| fcers and organized the troops according to the
Stale laws. 1t does not appear in any case to have
been the intention of General Gaines to act ndepend
emily of the State authorities.
sin General Gaines's proceedings at Mobile, on
| 10Th May, june in mastering into service General
Smith, and his staff, alter he was relieved from his
command, and instructed by the War Department,
to cease his independent action in these matters and
to confne himself to carrying out the orders and
| views of the President, far as they might be
communicated to him from that department'-,he
court Of opinion that he transcribed his author.
ity, and violated his orders particularly in appoint
ing such staff officer as an inspector general after
the recent and emphatic instruction to him by the
| Secretary of War, that such appointments would
not be recognised confirmed, and that the Presi-
dent himself had no authority under existing laws
to make such appointments
"Yet the court are satisfied that General Gaines
had not the intention to act in defiance or in dsre-
gard of his instructions. He thought that the dis.
| organized state of the volunteers assembled at Mo-
bile made 1t matter of very urgent importance that
a commander should be appointed over them. He
acted too, at the special application of the governor
Of the State; and the court, therefore, recommend
| his conduct to the favorable construction of the
| President.
Tba 6 II al,