Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1846-08-29
GEN GAINES

~ G-N. " AIMS.
The Washington Union OF Mon lay evening
contains the proceedings ami opinion of the
Court OF Inquiry in ihc case OF G,n. Gaines.
aud che subsequent action of the War Depart
mant under the instructions of the President
OF ,he United States. We observe by the Jour.
nsl OF the Court that each act of the gallant
old soldier was investigated sepirdtcly: anu
whilst che m1jcr puriion of his con act is ap-
proved. several acts are declared To h. without
wauont. The Court clos, their opinion i'm
these words,
Having now reported their finding and
opinion, ia. court rtcomm nd 10 the iarort-
Die consideration ut the President the good
AMI patriotic motives. aud the public :. al. b,
which, as the court believe. General Gain,.,
Was act'ated la all these transactions. anal
therefore they recommend that no further pro
ceedmgs b, had IN the case
Tho onler, of "a, War Department, which
wc annex, show the several acts dislpproycd
ct. There ATE vcr, few, ", presume, who
will not be glad 10 learn that al lur,Icr pro
cecdinSs against gen. q have bscn dispensed
With
WAR DEFARrMESr, Aug. =. 1916.
III" proceedings ul The Court m lnuuiry in
Ia foregoing case have been Laid bIore Ia
President anj carefully examined.
u - Secn that the court have lounl that sew
erdl ot the acc ol Brcyct Major Geacr.l
Gaincs "Nyew not authorized by his instruc-
tons OF by iaw; aud that be hal violated OK
dr,s
That Tor the calls msle by him "for vol,n-
tccrs after the 10Th OF MAY when ne know of
the victories ot lGcneail Taylor, the court
cannot Ind any necessity at The imc-uny
authority IN has instructions, or any warrant
of law"
That IA mastering into service at Mobile
certain general ant staff officers after o., wa,
relieved from hia command b, instructions
from the War Department 9th, court arr OF
op'nion that bee trdu,ccnded his authority aud
Violated bis orders.
Tho President views with deep regret the
cNercisc oi this assumed authority ON The part
oi lhr hate command of the western division:
and while IA Is disposed lu give ever, consii-
cation 20 IN circumstances which may tend
Ia quality cr mitigate his conduct. ne can see
nothing in them which would Justify him Tor
Withholding the expression of his deCidsd dis
aPprobdiion ol The Irregular aud Unauthorized
proceedings OF that officer. Bat in cousidera-
ton OF the recommendation ot the court. aud
concurrng with Them in theit opinion ui the
good and pJtuuuc motives an the public
neal b. winch hrwas actuutcd the President
directs that further proceedings ia the case oI
Brevet MAJOR General Gaines b. dispensed
with.
The President cannot dismiss the case with !
out inviting ihe decentralization OF lha army
To thc grave subject which has been presented /
Tor hIs consideration aud decision. The oiiI-
rc5s belonging 90 ihc military service are
known 10 be- devoted 10 the public interest.
Their zeal, calamity ami skiii have long been
established. Tho country duly apprentices
heir value, bat unumlitcd care should d.
Hhcn io abstain irom any act which NAV tend T,
o impair their high character. And what 20
kelly to dcrosate from this as The assumption
II Important executive or ministerial author
~ bya military commander, or the disregard '
II hIs onlvrsi
Tie exercise Oi authority not possessed nor ,
'clcgated---ihe non Observance uf iusiruc- :
iuns, oT the expenditure oi the public treas
hre, not warranted 10y law nor Justified by i'm
pcuous necessity, cannot he disrtgarled Al
Just responsibility OF all in authority makes il
4 public duiy oi imperative obligation to oh
serve aud suiclly enforce the law aud the rule,
Of the service
BY order OF the President
w. l.. MARCY.
Secretary at War
The court ol inquiry. ol which Brtvctl
Itrtu4,li..r a. .na,.I 4 III a.. ,.-....t....