The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-20
THE DAILY UNION


aseerainihg the best mode Of preventing explosions,
and TO carry out the project sum OF $50 900 Was APP
propriated. Professor Johnson aud DIR. Jones,
with others, were appointed as the board. On this
| service they were engaged about III mohths under
specihSLxpntract DR.. Jones's compensation was TO
be 5000 months pretty high salary, to be sure
regularly contracted for with the Secretary Of the
Navy, who was authorized by Congress They
made great many experiments, and he believed
some Of them very yaluabei and the report present
ed a few wears ago had been OF great benefit
TO the country The appropriation OF twenty
thousand dollars was found IN tie csurse OF
proceedings not 10 be enough, as good deal
Of il had been spent by the Secretary OF The Navy In
getting steam boilers &c, before these gentlemen
began their work. There remained not enough to
pay their salary The balance was unquestlonably
due TO Dr. jones' the amount was rightly stated; the
services were performed and the report was regular
ly made He moved the adoption OF The amend
ment.
Mr.. TURNEY objected, as he understood the
board had proceeded against the wish of the Secre-
tary Of the Navy. He thought they ought TO be
cautious In adopting the amendment:
Mr. EVANS explained, and read communlca-
ton from the Secretary Of the Navy, stating the
case; and showing that although the board was, at
one period directed TO cease operations II was sub
sequently agreed, on reflection, that such step
would render useless all that had been done; that
the board should proceed with their operations;
which they did
The amendment was adopted
Mr.. EVANS further moved to amend the bill by
emitting so much Of it related to the Texas vol
unteers, and modifying thatpar whlchIreated to the
Louisiana militia, by striking off so, 900 from the
sum of 500 900, leaving the sum appropriated by
the bill, 1000, towards their compensation. He
made the motion in order TO obtain some informa-
ton. Ii appeared that four companies Of Tex
as volunteers were received into the service
Of the United States for three months last
sumner, but when they were discharged he could
not say. The Secretary at War was called on TO
know by what legal authority these volunteers were
admitted into the army Of the United States and to
show by what authority any Secretary, President,
or anybody else could increase the army by one
man, even for one day. The answer Of the secre-
tary instead Of giving legal authority for the act,
said the volunteers were taken into the service by
his order Now, what he (Mr. e. desired to
know from any quarter, from the chairman Of the
Committee on Military Affairs, who was also on
the Finance Committee, and therefore well yersed
in such matters,-what he wished to know wps
whether there was any authority of law for the
President OF the United States to accept the ser
vice of volunteers at any time and in any clrcum-
stances. 10 his (Mr. E.'s) researches, he could
find none whatever; and he beloved il would be
found that the present was the first instance IN the
operations of our government IN which the PTesl-
dent or anybody else had undertaken to receive
into the army fthe United States any volunteers, or
any force whatever, which practice or law had not
authorized. There were abundant authorities on
the subject. There a statute half century old
authorizing the President in case Of invasion or i'm
mlnent danger of invasion, ofinSurectlon, or any
Of those contingencies that may arise to make 1t
proper, to call into the service for not more than
three months the militia Of the State where the dan
ger was apprehended. That was authority to call
out the militia, but not volunteers for they we're
diHerapt and thu layu him n call
out the militia could never authorize him to
do with volunteers. The militia were composed
Of citizens Of the country, not likely to be driven IN
to any improper enterprise; but volunteers might be
congregated under anybody, on any service that
offered inducement enough. There was no law by
which volunteers could be employed in this country,
much less abroad and it was the first instance in
which the President of the United States had accept
ed without previous law orzing it, the services
of volunteers. If he could do so for day, why
not for year, or many years, and add TO the army
at peasuTei IL he could do so, where was the use
of any law on the army This very thing, the
power of enarglng the army, of the strong
est objections to the adoption of the constitution OF
the United States; and its defenders were hardly
able succeed, by replying that the President could
not raise man unless the law gave him authority.
The Secretary of War replied, the volunteers were
| engaged "by his authority" but the question still
to be determined was, where did the Secretary find
his authority The time allowed the President to
raise militia was three months, and in that time there
could not be much harm done. He hoped the gen
tleman the head of the military department Of the
government would let them know where he found
his authority; and until he (Mr E.. learned that, he
could not vote for the appropriation Undoubtedly
they ought to be paid, as they had been, he be
lieved, out of the general appropriations for thu
army.
Mr.. JOHNSON of Louisiana. The Louisiana
militia were not paid.
Mr.. EVANS replied they were not volunteers
but mlita--a different thing; they were called gu
by the commanding general of that department, Il
be disbanded after two months service. He ina
gined the Louisiana militia were not paid, because
there were no appropriations to reach them; but HI
thought it would be found the Texas volunteer
were paid out Of the army fund He wished tc
know if there any authority for accepting thu
services of volunteers under the circumstances. |
there was, gentlemen would be likely to know some
thing about it.
| Mr.. CASS rose 10 correct some Of the views o
the gentleman from Maine, Mr. Evans Their
was discretionary power given to the Presiden
to call upon the militia in certain cases, and he wal
left to Judge when it should be advisable to do so
The gentleman could not object to his calling upor
the volunteers instead of the militia, for it hi
Il Mr. C's) impression that the President was author
lied to do so. The question was simply, Could tn
President accept the services Of volunteers nsteat
of the militia AS to the time for which they wer
called to serve, 1t was not meant that the power o
the President was limited to three months; but sim
ply that militia not obliged to serve after tina
period against their will but the Presidents powe
continued and he could call upon others to TAX
their place as often as the three months expired
After replying to question Of the gentleman from
Maryland, Mr., JOHNSON he did not know how
call for volunteers was to be made, Mr.. c. called
for the reading Of the communication of the Secreta
ry of War to the Committee Finance, in reply t.
their inquiries as to the employment of the troops
under the consideration.
| THE clerk read the communication.
/ Mr. EVANS read the law in relation to the EN-
ployment of militia by the President BY that law
n he observed, the President was to call upon the mi
litia of the State most convenient. Now, he wanted
to know, if that was the only authority existing
conld the President accept the services of volun
teers--not militia-but volunteers from any quar-
ter-Indans or mott If that law did not give it, h,
wished to know where was the authority by which
Texas volunteers were incorporated into the army
of the United States;
Mr.. CASS again made short explanation. Ill
said militia liable to year out OF two
that large portion OF the youth of the countr,
were opposed to service in the militia but there wa