American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1846-08-26
AuaUIrTAL OF GEN. GAINES.
lFPICIAL PROCEEDINGS OF THE COURT OIL
ENQUIRY.

AU4 INITIAL OF GEN. GAINES,
4FPICIhL PROCEEDINGS OF THE COURT OF
Il ENQUIRY.
ThefUnion of Monday evening contains the
|ifficial proceedings ofthe Court of Enquiry re-
emily held at Old Point, to investigate the
gondcct of Gen. Gaines in calling cut Voun-
! eers TO aid Gen. Taylor, at the commencement
/ fthe war with Mexico.
The "Facts" as enumerated in the proceed
Ings of the CoGrt, are already familiar to our
leaders, and we shell not now burden our col
Ihmns with them. The followingis the Opin-
on of the Court, upon the findings of the facts
/ N the case, together with the orders of the War
Repayment, under the instructions of the Pre-
Isdent
Il OPINION.
sit is comtended by General Gaines that he
|scted in accordance with his instructions from
Ehe War Department. The court find that
|9hese Instructions were as follows
list. August .28th, l845.-The Secretary OF
h War wrote to General Gaines 1T cannot be
necessary to apprise you that the authority
i to make areqaistion upon the governors OF
1 the respective States for the militia thereof,
II W bO 6fSEFiOJoI Ill Iu6 SCfNlCS VI IUC OuIbCO
States, is vested only in tbs President, and
limited in its exercise to two or three sPeci-
h fed cases. The emergency which would
Il tolerate or excuse the assumption of this au-
tharity by a military officer in command at
H distance from the seat Of government, in
b anticipation of the Presidents action, mus
be one indicating great and imminent peri!
to the coUntty-a peril SO great and so in
miaent as &c leave no reasonable doubt that
the President, with fall knowledge of ell The
h circumstances of the case, would have felt it
+ his duty to resort to such aid. The assump-
H tion of authority by an efsicer so Situated,
should be under circumstances which would
be sure 10 comn land his subsequent ratifics.
i ton ofit.''
I'd. On the 18th of September, 1915, the Sec
rotary of War wrote to General Gaines
h You gisunders land your position in regard
TO the commanding general in Texas. Hi:
commands VIII oily independent of you; Uat
orders and ;nstr sctons for his conduct 'ema
nate only from the government here; aac
you are directed to abstaiE from Ill interior
Il ence with him ,
/ 3d. And again, the 3etk September, fS45
1 The power viii CHI you have exercised coulc
only be reserted to 10 cases Of extreme pub
lie peril. An er ror enlargement, witheucf
motives as the F resident has with pleasure
conceded to have governed your coaduct ii
this case, cannot be regarded as a crime, O.
an offence sabjec ting theeoGicer to trial."
"The court find urther instructions to Gen
heral Gaines from he Office of the Adjutan
General, ofdete May le, 1876, fro+a whici
The following is extr acted:
\ The volunteer for ce called into the service
from Louisiana an d Alabama, &c., and whio.
4 ha IN prayiout lv ranorsad hhe a n
prevail ofthe depa rtnsent.''
l lin the opinion If the court this approve
,atifes the call and orders Ct General Gaine
| 10 raise two regiment S at Mobile, and three o
more companies at P ensseolc.
"The court also de en- it unnecessary to con
, sder the case of the st. Louis Legion received
d INTO service by Genef al Gaines; as he was in
formed from the ad ju tant generals Office, Ma.
I 22d, that the said reg iment had been accepted
and would be regarded as portion OF the tore
\ called out by the Pres dent.1''
'sIn regard to the louisville Legion, it ap
\ pears from the staten ent of General Gaines
and testimony ofLeut. Calhoun, to have beer
! raised without direct call from Gen. Gaines
though accepted by hins into,eervce before h
, had received special au thority from the Wa
Department. 1t was, however, subsequent
accepted by the department-by instructions t
/ General Gaines of May 2sth--in which in
| structions, however, written on the supPosito
that he had called on the governor for til
troops, he is informed of the disapproval ofth
! department, and theE the call WIS without al
|, tkority of law.
| ,"The court csanots nd that General Gaines
/ at the time he received this legioa into service
tabout the last of May,) had authority to do 6
under his instructions. But as the regimen
was already sent forward, he felt himself, on it
arrival at New Orleans, under the necessity t
receive it, and TO trust to The subsequent ratif
cation of the department.
'sIn regard to the other calls made by Genel
al Gaines, before the 18th May TO raise troop
for Taylors army, the court are Of opinion, that
under the previous instructions Of the War DE
partment, and in the situation ofTaylors army
and upon ascertaiRing the slow progress of tn
enrolment of the Louisiana volunteers, an
/, upon ascertaining further that Gen. Taylo
could no. receive more than a small portion {
The force ~ hich he had called from Texas-tha
under these circumstances General Gaines wa
justified in endeavoring to supply Gen. Taylo
10 the amount of the auxiliary force he lilnse
had called for; and if such force could not be OF
1aned from the States to which General lay
Tor had applied, then General Gaines was Jus
sified in applying to other States. The couI
y do not extend this approval TO the requsition
for mounted gnE-men. The four regiment
oftbs description Of force, amounting to A., 90
rnen, which he authorised to be raised before tn
nth NAV, destined 10 march overland to tn
army. however useful General Gaines ma
have considered them for khe future operation
of the war, not being required or intended fo
the immediate emergency, were not authorize
by his instructions or by law,