American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1846-08-26

orders to that effect; and that the government
incurred no expense on account of these calls
"For the calls made by General Gaines Tor
volunteers, after the 10th May, when ne knew
ofthe victories of Taylor, the court cannot md
any necessity at the time, any authority IN hIs
instructions, or any warrant OF law. lnese
calls authorised the levy of 1000 men, besides
Gally IS battalion of artillery. Il does not APP
pear, however, that any, except the artillery,
were raised before the calls were counterman-
ded.
1.-TWO of the acquisitions made by General
Gaines for volunteers appear 10 the court to be
of special character, viz; to raise agarllson oil
volunteers for Forts Jackson and st. Philip,
and for the arsenal at Baton Rouge. AS the
government had withdrawn the garrison from
the arsenal, and had not seen fit to garrison the
forts, the court are of opinion that Gen. Gaines
ought to have felt himself specially restrained
fren raising volunteer garrisons without au-
th0rty.
''ln regard to the authorities given to Con.
Gaines to certain individuals to raise troops, it
appears to have been his motive to avail him
self, under what he felt as the pressure OF the
emergency, of the supposed influence of these
individuals. In Louisiana, where troops were
actually raised under such powers, it was with
Of the State, who commissioned the officers anG
organized the troops according to the State
laws. 1t does not appear in any case to have
been the intention of Gen. Gaines to act lnde-
tpedently of the State authorities.
"In General Gaines's proceedings at Mobile,
on 18th May, June in mastering into service
General Smith, and his staff, after he was re-
leased from his command, and instructed by the
War Department, to cease his independent ac-
ton in these matters, and TO confine himself to
carrying out the orders and views OF the Presl-
dent, so far as they might be communicated TO
him from that department, the court are OF
opinion that he transcribed his authority, and
violated his orders, particularly in appointing
such staff officer as an inspector general, alter
the recent and emphatic instruction to him by
the Secretary Of War, that such appointments
would not be recognised or confirmed, ana that
the President himself had no authority under
existing laws to make such appointments
"Yet the court ags Satisfied that Gen. Gaines
had not the intention to act in defiance or IN
disregard of his instructions. He thought that
the dIsorganiZed state OF the volunteers as
sembled at Mobile made it a matter OF very uF-
gent importance that commander should be
appointed over them. He acted too at the special
application of tho governor OF the State; ana
the court, therefore, recommend his conduct 10
the favorable construction of the President
"The court are of opinion, in regard to the
| issue of ordnance and ordnance stores, camp
equipage and subsistence to the volunteers, thai
the issue followed necessarily the enrolment
and muster of the troops. After the troops
were brought into service it was proper to arm
and equip, and provide them according to regu'
lations.
"The issue of ratlons to volunteers before
muster is not provided in the regulations oil
| laws. But the court present to the consldera'
ton 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 fielo
artillery and ammunition to planters of Bator
Rouge parish are not provided for by the regu
latiens of the amy. But undo. the circum
stances, being required for the security Of the
parish, and issued 10 responsible persons, OIL
condition Of their safe return whenever de:nan
ded, the court are of opinion that it ought t
be approved.
ain the absence Of certain official iniorma
ton on the sablect, the court suppose 1t to be
the practice of the government to make adj
vanccs to the militia called into service, II
communication of clothing; and that the orders
of General Gaines on this subject did not IN
troduce q new practice. OF the correctness o
the particular account of $4,000 which Gener
al Gaines ordered to DO paid to Gally's batal
! ion, the couft have no. the means of judgieg
and therefore leave it as an account 20 be set
ted, according 70 law and regulations in the al
ditlng officer of the treasury.
eNat, ainnGl"
order to Captain Whitley to pay Maioc Gally'
bill of 81 ACT 90, for ammunition, as it. does nc
appear that whatever ammunition was requir
ed might not have been furnished from Bato.
tRouge arsenal, or otherwise procured by tn,
ordnance officer
"The court have not considered, as connected
with the issues of stores and payment of fund
before mentioned, whether the persons or troop
to whom, or on account of whom, the issue
and payments were made, were legally in thu
service of the United States, inasnuch as thu
act of Congress of last session has since proVid
ed for the settlement of such accounts. Ofth'
law full authority of General Gaines TO raise th'
troops, they have expressed their opinion in th'
several cases.
"Havng now reported their finding and ops
MON, the court recommend TO the favorable con
sderation of the President, the good and patri
otto motives, and the public zeal, by which, a
the court believe, General Games was &C
,uated in all these transactions, and Therefore
they recommend that no fursher proceedings b
had in this case.''
II. The proceedings of the Court of lnqairy
in the foregoing case having been duly subnsi.
ted, the following are the orders thereon:
War DEPARTMENT, Aug. is, 1916.
The proceedings of the Court of Inquiry il
the foregoing case have been laid before the
President aud carefully examined.
1t is seen that the court have found that sew
eral of 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 volun
teers after the leth Of May, when be knew o
the victories of fGeneral1 Tavlor the colH