The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-06-05
THE DAILY UNION 49,.

out iour or nsc regiments -ah oiuos nor auofcsseo
to the governor Of Louisiana any other State-no
call for the militia Of the Statean short, no calling
out Of anybody properly speaking, but an effort and
attempt TO enlist In the service OF the United States,
Tor a term Of ak months, these hye regiments,
That order, il was be remembered, was dated at
New Orleans after the result OF the battles the
Rio Grande must have been there known. But that
not the point to which he now wished to call the
attention Of the Senate IL was said that some pre-
}, ylous call, made in the same way by Gen Gaines
had received the approval Of the President Of the
United States and he (Mr. W. would be very glad
TO be informed by the honorable senator from Mich
igan whether that were so or notl
Mr. CASS made reply not audible in the gal
4 lery.
i Mr.. SEWER observed that the President had APP
proved Of all the previous calls except that for
mounted gunner
i Mr.. CASS. Yes, all prior to the lith.
Mr.. SEWER. Except the mounted gunner.
i The news of the battle reached New Orleans about
the Goth, and with that intelligence came also the
news that Paroles was advancing with an army Of
II is 900 men. Gen. Gaines, who had a sanction for
all that he had previously done, with the exception
Of the call for particular class OF troops, then at
tempted to Iaise troops TO meet the new emer-
gency.
n Mr.. WEBSTER resumed his remarks All cor
rect reasoning (he said) must be based upon
somewhat accurate statement OF the facts. The
honorable member from Michigan had said that IL the
President OF the United States had done that which
appeared to have been done by General Gaines he
would deserve impeachment, and would be impeach-
ed tomorrow. Now, he Mr. w } wanted 10 know
one thing II was said that some other calings out
Il AS they had been designated-had received the
appreciation of the President Of the United States.
j Now, he wanted to be informed Of the nature Of
4 those cases. Were they acquisitions on governors
Of States for militia
RI Mr.. SEWER replied in the negative.
Mr.. WEBSTER. Well, If that so, il did
certainly appear to him. that entirely different
complexion vas given to the whole thing-an en-
tirely different complexion. II General Gaines, on
his discretion raised troops, and mustered them
into the service Of the United States, without au-
thority OF law, and without the previous direction
Of the President, and the President approved his
conduct subsequently, in those three instances,
4 what in the world was to be said when he did
same thing in the fourth instance and the President
did not approve Of ip They were thus turned back
to the source Of this great iregularity; and
he was therefore not satisfied at all with the
words of the resolution then on the table. III
the troops had been called out illegally, they had
been called out illegally by the President, beyond
all question. What was il but evying OF troops
for provisional army without authority Of law
How these troops TO be differed , How were
they 10 be paid He repeated that it wa a most
extraordinary position. He called on gentlemen to
look to ito let them that in this emergency Of
a sudden war they did not suffer all provisions Of
the constitution, and all enactmens of law be set
aside under loose idea OF overwhelming pres
ent necessity He called on gentlemen to consider
that. II Gen Taylor found himself in position Of
danger why was he put into il by the government
He went there by orders. He went where he was
told to go, and were they to say that another
general, with more authority than he (Mr. w J
or the honorable member from Arkansas, should
raise military force and go to his rescue because
the government had not sagacity enough, and fore.
sight enough, and energy enough, TO place him in
security against sudden attack Every develop
: ment in this business-every stage in the develop
ment showed that it matter well deserving OF
, the most serious inquiry. II the President Of the
United States without authority Of law, accepted
the services Of these volunteers coming into the
vice of the United States, upon basis but the
QUESTION of major general, he had violated the
law-he had put himself in the category imagined
by the honorable senator from Michigan. IL was u
very grave matter indeed very grave matter
He was willing that the resolution should pass.
But It did not go far enough For one, he would not
be content until this matter had been sif ed to the
bottom. He desired TO know whether under the
smoke ola war which this country had pc enough
to carry on till it accomplished all just objects without
any excessive authority, without any violation of
= law, without any danger Of invasion upon principle
or practice. He wished to know whether, under
the smoke and noise created by these circums
constitutional provisions and positive enactments of
law had been disregarded, and he was determined
that it should be known. He had word to say
to the honorable member from Florida. There was
no sort of difficulty in understanding the constitu-
ton and law in this matter. The constitution said
, WHAT IL said that Congress should have power
to call out the militia 10 repe INVASION suppress in
surrection, and execute the law; power had been
conferred on Congress 10 pass proper laws for car
ryng out the provisions OF the constitution. Well
his friend from Florida certainly remembered that it
not under that naked power of the constitution
that the President proceeded. At early day Con-
gress exercised the authority thus conferred on
them by the constitution and passed a law
the law of l795-whch he held in his hand and
which read as fellowsI
BE enacted by II, Senate House of'Represenfafire
I'm UnS %Gits q sam.rcH in Congress qsehd That
nent danger OF invasion from foreign nation Indian
tribe, shall be law iul for the President United
State, to call forth such number OF the militia the State
States most TO the place of danger scene
of action as be may Judge necessary to eps such
officers of the militia as he shall think proper"
That was the act which provided for exercising,
on the part of the President, the power which Con-
gress was authorized to exercise by the constitution
Certainly 1t was in vain for them to dispute there
whether they should raise FIVE regiments or ten
regments-whether they should call out the voun-
teers as they were called $4,000 or 100 600, if the
President himself, by his own authority could call
out just as many as he pleased and if called out by
another in any number, could receive them into the
service Of the United States. As he said, he would
make no opposition to the resolution. He was
rather inclined to let pass. When General Gaines /
came to Washington, he (Mr. W. would desire
to know whether the call, so much complained of,
had been made just exactly as those which received
appreciation. II General Gaines could say so, the
whole affair would assume new aspect
u Mr.. HOUSTON regretted that the debate had
taken such discursive range. He would not pro-
tract it. He did not think the subject ofthe reso-
luton was a proper subject Of discussion there |
Ii was matter for u court-martial. He could not
believe but that General Gaines acted in proper
devotion TO his country, and it was not likely that
he would commit an error except by accident
When the call was made, it was simultaneous with
the report that Paroles was advancing with n great
force. Detached as he was, the general may have
violated the rules of But could he have waited
till Congress actedi No. His duty was clear in
the emergency. AS the lieutenant of the Execu-
tive, he had undoubed right to make the requi-
sltion. If he was satisfied that the emergency re-
quired it, it was his duty act as he had done Even
if he had transcribed his orders, the action Of the
) government subsequently in approving what he
had done, made il legal, of course. But ill the facts