Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1846-09-05
mn most truly you're
q. MASON GRAHAM
HE COUNT ~ IN0t1IRy-

The Union of the 2tth uIt., contains the find.
ing OF tho court IN iull, Tho court first sums
up the facts laid before thcm-tAo appoint.
mont OF volunteers and olhera to staff Offices
ta not of the number, and they therefore pass
it over. On most of Tho charges tho court
~iustlites the action, under tho circumstances
OF Gen Gaines; The instances in which :hey
ce0anro him arc alluded to in the order OF
the War Department which We published DO.
low. They conclude thoir opinion and find.
ing, however, in these words:
The Court recommend 10 the favorable
consideration Of the President the good and
patriotic motives, and The public zeal, BY
which, os Tho court believe, General Gaines
was actuated in all these transactions. and
therefore they recommend that no further pro-
ceedlngs be lad in this case"
Here, then, il the order of the War De-
Partment touching the whole proc eedin ps -
WAR DEPARTMENT, August Is, 1916.
The proceedings Of the Court of Inquiry in
The foregoing case have been laid before the
President and carefully examined.
1t is seen that tho court have found the &C.
veral Of the acts Of Brevet Major General
Gaines "were not authorized by his %instruc.
tons or by law; and that he has violated or
derg -
That for the calls made BY him "for volun
teers after the 10th Of May when he knew of
the victories OF General Taylor, the court
cannot tint aHy necessity at tt7u tfTuc-Hnv
authority in his instructions, or any warrant
Of law :"
That in mastering into service at Mobile
certain general and staff officers, after he wae
relieved from his command by instructions
from the War Department, "Ihe court are Of
opinion that be transcribed his authority and
violated bis orders"
The President views with deep regret the
exercise of this assumed authority on The mart
Of The late commander Of the western dlvi-
sion; and while he is disposed to give every
consideration to the circumstances which NAV
tend to qualify or mitigate bis conduct, he
can see nothing in them which would instifv
him for Withholding tie expression of bis de-
cided disapprohation Of the irregular and I'M
authorized proceedings OF the officer. But in
consideration of the recommendation Of the
court, and concurring with them in their oDi-
MON Of the good aud patriotic motives and
the public zeal by which he was actuat-
the President directs that further pro.
ceedings in the case of Brevet Major General
Gaines be dispensed with.
The President cannot dismiss the case
without inviting the serious attention of the
army to the grave subject which has been pre-.
scented for his consideration and decision.
The officers belonging TO the military service
are known to be devoted to the public inter
est. Their zeal, galIantry and skill have long
been established. The country duly apore.
ciares Their value, but unremitted care should
be taken to abstain from any act which NAV
tend to impair their high character. And
what so likely TO derogate from this as the
ASSUMPTION 81 81 Feefttaass e*ee ntiPe AID minis
terial authority by a military commander. or
the disregard of this order.
The exercise of authority not possessed
nor delegated-the non-observance Of ms.
gruc;ioas, o. the expenditure of the pubIic
treasury, not warranted BY law nor justified
by lmperious necessity, cannot be dIsrecar-
ded. A just responsibility of all in authority
makes ii a public duty Of imperative obIiga-
ton to observe and strictly enforce the law
and The rules of the service.
By order Of the President:
w. L. MARCY. Secretary of War.
III. The Court of Inquiry, of which Bre-
vet Brigadier General II. Brady is President.
is hereby dissolved. By order:
r. JONES, Adjutant General.