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

fore mentioned, whether the persons or uoop. d
whom, or on account Of whom, the issues and M
ments we're made, were legally In the service Of *,
United States, nasmuch as the act of Congress q,
the last session has since provided for the sett.
ment of such accounts. OF the lawful authority :,
General Gaines TO raise the troops they have en-
pressed their opinion In the several cases
"Haying now reported their finding and opinoO
the court recommend to the favorable conside rsuo
of the President the good and patriotic motives snJ
the public zeal by which, as the court beley.
General Gaines was sctuated in all these tnnssr,
ions, and therefore they recommend that no funb,,
proceedings be had in this case
IL. The proceedings Of the Court Of Inquiry in
the foregoing case having been duly submitted, III,
following are the orders thereon;
WAR DEPARTMENT, Aug. Is, 1876
The proceedings Of the Court Of Inquiry m III.
foregoing case have been laid before the President
and carefully examined.
IL is seen that the court have found that seyenI
of the acts of Breyet Major Gensral Gaines "weF,
not authorized by his Instructions or by Law, and
that he has violated ordeTs:n
That for the calls made by him "for volunteer,
after the 10th Of May when he knew OF the vle,o.
RES Of fGenerall Taylor, the court cannot find anv
necessity at the time-any authority IN his nsIruc.
uons, or any warrant oflaw;"
That in mastering into service at Mobile certain
general and staff officers, after he was relieved from
his command by instructions from the War Depar.
ment, "the court Of opinion that he uanscsndst
his authority and violated his orders"
The President views with deep regret the sxercis,
Of this assumed authority on the part Of the Ia,
commander Of the western DIVISION and while he i
disposed TO give every consideration to the circum
stances which may tend TO quality or mitigate h,
conduct he can nothing in them which would
Justify him for Withholding the expression Of his De
cided disapprobsuon Of the irregUa and unaulhor
zed proceedings OF that officer. But in consider
tion Of the recommendation Of the court, and coz
curing with them in their opinion Of the "good an
patriotic motives and the public zeal by which b,
was actuated the President directs that further pro
eeedings in the of Breyet Major General Game
be dispensed with.
The President cannot dismiss the case without in
wiling the serious attention Of the army TO the graU
subject which has been presented for his consider
ZION and decision. The officers belonging 10 Ii.
military service known 10 be devoted TO the Duh
lie interest. Their zeal, galantry, and skill hsu
long been established. The country duly appr,
GATES their value, but unremited care should b
taken TO abstain from any act which may tend q
impair their high character And what so likely d
derogate from this as the assumption Of imporlar
executive or ministerial authority by a military
commander, or the disregard Of his ordersi
The exercise Of authority not possessed nor del
gated-ths non-Obserysnce Of instructions, or Ii,
expenditure OF the public treasure, not warranted
by law nor justified by imPerious necessity, csnno
be disregarded. A just responsibility OF all in a.
thorily makes it public duty OF imperative oblga
ton to observe and strictly enforce the law and Ii,
rules Of the service.
BY order Of the President:
w. l.. MARCY,
Secretary Of War
III. The court OF inquiry, OF which Brevet Brig.
adler General H. Brady is president, is hereby d,
solved.
BY order r. JONES,
Adjutant General.