Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1846-08-20
MILITARY COURT OF ENQUIRY
GIN. GAINES OFFENCE,


Cen GnTEs. which latter we subloin:
ss.ifr Presided rrld Gentlenaea:
s.Having understood, when last before the
Court, that they were making arrangements
10 terminate their proceedings without waiting
for further testimony, gladly avail myself Of
the occasion TO complete, as ceneIse!y as can,
my defence In this shall rely mainly upon
the few points Of law. with the public docu-
ueuts TO which | desire the attention OF the
Court
~ The FIRST great principle TO which shall
call the attention Of the Court for my Justihca-
ton. will be found in the Constitution of the
u. States, which coniers on the President the
authority Of Commander-in-chiet OF the Army
and Navy and the militia OF the several States
when called into service Of the United States !;
and makes ii his duty to suppress Instructions
and repel narasiots,' (see Sec. z, OF the ID Art
Of the Constitution OF the United States-) |
am an officer in the Army duly commission
ed and sworn to bear true faith and allegiance
to the United States, and to serve them honest
" and faithfully against their enemies or OPP
lposers whomsoeyer, and to obey the orders of
the President of the United States, end the Off
GERS appointed over me according TO the Rules
and Articles of War. When on duty IN COM
mand Of separate District or Division, am
the senior officer Of the Army, standing next
to the President, in a military point OF view,
in virtue of my Ipar Breret, which have
never given up nor desired 10 give up, for a
commission In the line of the Army Of the
same grade.
"While in command Of the Western Divls-
ion, therefore, | could not but consider my
self as the constitutional representative Of the
President Commanding, as did, in obedi-
Ienee TO his orders, was clothed with all the
authority he could confer on Inc necessary and
proper to render the command confided to me
e6eetire and successful. felt satisfied that
had full and complete authority so suppress
instructions and repel inrasieas.' did not
indeed feel myself clothed with full authority
to call for or require drafted militia without an
emergency of great peril TO the country be-
cause had orders not TO make the call But
| did feel myself fully at liberty TO accept the
services Of the brare and free men of any OF the
States Of this Union, whenever had good and
sufficient reason to believe that without the
immediate concentration of additional force
upon the frontier near me, our troops or de-
fenceless citizens would be in danger Of being
suddenly attacked and overpowered oy q saw
age or other ieroeious foe. This brings me to
the I'd ground of my justification, which will
be found in the I'd Art. of the Amendments to
the Constitution. Ii is in these words: "A
well regulated militia being necessary TO the
security ola free State, the right Of the people
to keep and 10 bear arms shall not be injfmged.'
Under this provision Of the Constitution, the
people-and may here speak Of them as the
sovereign people Of the Union'-have an I'M
questionable right to offer their services TO any
commander OF the U. S. Army, or to any of
the State authorities threatened with invasion,
or at once to repair to the threatened frontier
and voluntarily repel any attack.
81 have never taken the political stump to
hauer the sovereign people of this nation with
view to obtain their votes for some high po-
litcal station nevertheless think myself in
duty bound to take all fit and proper occasions
In my power 10 vindicate and maintain their
rights, and to protect their persons and prop
cry. Their rightto bear arms and 10 use them
freely in the national defence, hold TO be one
Of the main pillars of this Union. But have
never accepted the services of volunteers with
out seeing clearly an emergency requiring it,
either in actual war, or when the frontier was
in imminent peril. The Sd ground of my
justification is letter Of instruction from the
Department of War, bearing date the 2Sth
August, 1915, in reference TO my requisition
on his excellency Gov. A. MORTON. oil Louis
lana, for Battalion Of Artillery TO be sent to
;, the Army Of Occupation under the command
of Gen. TAYLOR, containing the following adj
monory orders: 1T cannot be necessary TO
apprise you that the authority 10 make re-
, QUESTION upon the Governors Of the respective
States for the militia thereof. to be employed
in the service of the U. States, is vested only
in the President, and limited in its exercise to
two or three specified cases. The emergency
which would tolerate or excuse the assump-
ton Of this authority by military officer in
command at distance from the seat OF Gov
eminent in anticipation Of the Presidents ac-
ton, must be one indicating great and in,iraent
peril TO The country, peril SO great as to leave
no reasonable doubt that the President, with
full knowledge of all the circumstances Of the
case, would have felt it TO be his duty TO resort
10 such add
81 have shown to the Court that all my ef-
forts to obtain volunteers during the months Of
May and June, 1876, were in strict accordance
with the letter and spirit Of these orders. Ev
cry intelligent citizen with whom had the
means of comforting acquainted with the Yves
tern border Of Texas and the valley of the Rio
Grande, united in the opinion, that the situa-
ton of Gen. TAYLoR's army was one of great
and imminent PERIL OF this had not doubt,
and felt convinced that all the most talented
men known TO me of the West and South, Of
all political parties, entertained similar opin-
. ion. The President of the u States, with
both Houses Of Congress, by their prompt ac-
ton in favor of the liberal appropriation Of ten
millions Of dollars and providing for calling
out $4,000 volunteers 10 meet the very emer-
gency tor which was laboring to provide add
! equaie temporary means, afforded, as hum
bly, conceive, incontestible evidence, that they
considered the situation of Gen. TAYLoR's ar
my one Of great aud imminent peril, peril so
great and so imminent as to pIomptthese high
public functonaries to provide more ample
means for the defence of the country, in the
brief space of two or three days, than had ever
before been accomplished within so short pc
Rod of time during the last thirty years.
"Having invited twenty one regiments OF
volunteers into the U. S. service under the
pressing emergency, (but one third OF the
number were allowed TO go TO the seat OF war;
was fully authorised by law, in the words of
the ed article of War SO give orders for what
is needful to the seryice'-or in other words
to supply, the volunteers thus raised, with rd-
tions, ARMS, AccourREMESrs, camp eqiipage,
clothing, or money IN lieu thereof, and required
them to be pad AS THE LAW DIRECTS. had a
General Staff that would do honor to the high
est grades Of their respective corps and depart
-prompt-vigilant acknowledgement
III.