The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-27

volunteers after the 10th nf May when he knew
of the victories of General Taylor, the court
cannot find any necessity at the time, any author
ity IN his Instructions. or any warrant of law
These calls authorized the levy of 7 600 rnen
besides Gally's battalion of artillery. IL does
not appear. however. that any. excep, the artl
lery, Were raised before the calls were counter
mandpd
" Ewo 0f the acquisitions made by General
Ealnes for volunteers appear TO the court to be
ot special character. viz To raise garrison of
volunteers for Forts jackson and ST. Philip and
Tor the arsenal 1T Baton Rouge As the govern
ment had withdrawn the garrison from the ar
sena. and had not seen fit to garrison the forts.
the court are of opinion that General Gaines
onght tn have felt himself especially restrained
from raising volunteer garrlsOns without authority
" In regard In the authorities given by General
Gaines To certain individuals to raise troops it an
pears Ia have been his motive 10 avail himself
under what he felt as the pressure 0c the emer
gency, al the supposed influence OF these individ
uaIs In Louisiana. where troops were actually
raised under such powers, it was with the sane
tlnn and concurrence of the governor of the State
who commissioned the officers and ORGANIZED the
troops accordiug To the State laws II does not
appear IN any case to have been the intention of
General Gaines To act independently of the State
authorities
" In General Gaines's proceedings al Mobile On
l2th May. June, in mastering into service Gen
era Smith, and his staff after he was relic ed from
his command, and Instructed by the War Depart
ment. t" cease his independent action in these
matters, and to cunfne himself to carrying out
me orders and views Of the President, so far as
they might he communicated to him from that de-
partmenr-the court are Of opinion that he trans
cended his authority, and violated his orders, par
ticniarIy IN appointing such staff officer as an
inspector general, after the recent emphatic in
In hv Tho &
such appointments would not be recognized or con.
flrned, and that the President himself had no an
thorlty under existing laws to make such appoint
menis'
Yet the court are satisfied that General Gaines
had not the intention To act in .fance or in dis
regard OF his instructions. lie though hit that the
dIsorganlzed state OF the volunteers assembled at
Mobile made II matter of very urgent Importance
that commander should be appointed over them
tie acted too, at the special application of the
governor OF the State and the court therefore
recommend his conduct to the favorable construc-
ton of the President.
- he court are 0fopinion, in regard to the issue
OF ordnance and ordnance stores, camp euuipaue
and subsistence To the volunteers. that the issue
| followed necessarily the enrolment and muster of
the troops. After the troops were brought into
service ii was proper to arm and equip, and pro-
vide them according to regulations
- ne issue at ratIOnS To volunteers before mus
Ter is not provided in the regulations or laws
Dut the court present to the consideration of the
department the necessity of the case when the
volunteers had arrived at the rendezvous and were
absolutely without means of subsistence
- Such issues, as of the two pieces of field artl-
iery and ammunition To planters of Baton Rouoe
parish are not provided for by the regulations of
the army. But under the circumstances being
required Tor the security of the parish, and issued
To responsible persons condition of their safe
return whenever demanded. the court are of opn-
ION that 1t ought To be approved.
- In the absence of certain official information
on the subject, the suppose it to be the prac
tlce OF the government TO make advances To tho
militia called into service in communication of cloth
my and that the orders of General Comes ON this
subject did not Introduce a practice OF the
correctness OF the particular account of ~ 500
which General Gaines ordered to be paid to Gally's
battalion, The court have not the means of Judging
and therefore leave it as account to be settled
according To law and regulations in the auditing
Offices Of the treasury.
- The court cannot approve General Gaines's
order to Captain Whitley to pay Major Gallys
oil OF Sl,4b/ 1O, for ammunition, as it does not
appear that whatever ammunition was required
might not have been furnished from Baton ROUGE
arsenal, or otherwise procured by tho ordnance
officer
- The court have not considered, as connected
fore mentioned, whether the persons or troops to
whom. or on account of whom, the issues and
payments were made, were legally in the service
OF the United States, inaSmuch as the act of Con-
gress of the last session has since provided for the
settlement of such accounts. OF the lawful au-
thOriy Of General Gaines 10 raise The trOops
they have expressed their opinion in the several
cases.
Having now reported their finding and opin
ION, the court recommend to the favorable consid-
Grafton of the President the good and patriots
motives, and the public zeal. by which, nc tie
court believe, General Gaines was actuaied u .lt
these TRANSACTIONS and therefore recommend llia,
no further proceedings be had in this case"
| ii. The proceedings of the Court of Inquiry 200
The foregoing case have been duly submit,,u. lie
following are the orders thereon:
WAR DEPARTMENT, August IS, 1916
! The proceedings Of the Court of Inquiry in the
| foregoing case have been laid before the Presl-
dent and carefully examined,
| II is seen that The court have found that several
! ct the acts of Brevet Major General Gaines ''were
not authorized by his instructions or by law and
! that he has violated orders :"
! That for the calls made by him {" for volunteers
| after the 10th of May when he knew of the vic
tories OF General Taylor, the court cannot find
! any necessity at the tlme-any authority in his
! instructions, or any warrant Of law -
! That in mastering into service at Mobile Ger
tain general and staff officers, after he was re,
! lleved from his command by instructions from the
! War Department. /" the court are of opinion that
he transcribed his authority and violated his
/ orders"
! The President views with deep regret the ex-
erclSe of this assumed authority ON the mart nC the