Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-06-13
TWENTY-NlNTH CONGRESS.
FIRST SESSION
IN SENATE.
FRIDAY, JUNE 5, 1916.

the United States without legal authority therefor and II So
what is the number Of said force how has been organized
whether officers OF the line have appointed contrary
TO law and whether such calls ii made
the probable they i'll cost and whether any syan
tages have resulted likely result hereirom And
also what measures the Department of War adopted for the
defence OF e Southern foaer of the United States during
the same period.
Mr. CASS and observed that question had been ask
ed by the Senator from South Carolina yesterday which he
would Before doing so, however he would re
mark that the action Of the House of Representatives
ton TO the army appropriation bill would in degree
pesede the necessity for the adoption of the resolution they
having introduced amendment prevent in future the
poyment Of any volunteers militia unless the call for such
volunteers or militia made through the Governor of
State He had already stated that his object in making this
inquiry not to cast upon any lie did not
propose TO institute military inquiry at ALL For General
Games himself he entertained high respect He was brave
and patriotic man. and had rendered eminent services his
country He did not call in question his motives nor did he
offer this resolution with any intention Of conveying censure
upon Gen. Gaines but he had offered because he thought
this was case which lmperaiyey called for examination
the part of Congress- to whether provision might
be made to prevent the of any such proceeding in
future
The from South Carolina had asked YESTERDAY wbe
Their information had been conveyed General by the
War Department that General Taylor authorized 10 make
acquisitions for such troops he needed and
to conduct the BY way of replying this inquiry the
honorable Senator he would read letter addressed Gen
Gaines from the War Department conveying this information
and wherein General Gaines fully and distinctly informed
that the authority had been committed to Gen. Taylor.
Mr. T. here read the communication, follows:
"WAR DEPARTMENT.,
''WAsHIsGroN, AuG. 25, IS45.
" Sir Enclosed herewith you will receive copy of in
smctons which have been issued this Department to
Brgadier General Taylor whom the Government of the
United States has assigned the command Of the Of
patton IN Texas VIM. l.. MARCY
:" Major General GAINES"
ErrGct from letter Of The Department Of War 10 Major
General Games, dated
"WAR DEPARTMENT, AUGUST %, 1915.
state oil things which mil h render prudent and pro-
IN draw
ofthe United States well Texas has been conem-
plated by the President as possible contingency by his
directions instructions upon that sub have been
General Taylor copy OF which also forwarded you
the 25th instant. .
Mr. G. proceeded to observe that he willing to vote for
dollar necessary deay the expenses which had been
incurred by this Unauthorized call volunteers but he was
DESTROYS Of preventing similar in future.
Mr. WEBSTER requested the Senator read the letter
which had been addressed 10 the Governors of the States from
the War Department
Mr.. CASS then read the letter TO the Governor of os
ana, making the requisition for militia.
Mr. O. also read the following order, issued by General
Gaines
HEApaUARrERs WEsrERs DIVISION,
New ORLEANS, MAY 90, 1916.
VIM s. Hays J. r. Creeey and E. L. Tracy are ereby au
horzed and requested raise each
each, to be mustered into the the United States
for term Of six months unless discharged
racks near this city whatever other place may be deg
mated.
The deputy quarermaster general and commissav Of sub
sence will furnish the requston Of the named
gentlemen the proper allowance of camp equpage raons
and other supplies for the immediate
companies, and transportation for their the
of war upon the Rio Grande.
Captain Whitley, of the ordnance department. will furnish
the regiments with muskets and rifles with
EDMUND p. GAINES,
MAJOR General Y; 5. army, comdg Western Division.
A. A a. G. Western Division.
Now (sad Mr. c. suppose the President himself had done
this why he would have been liable be impeached The
amount of the expense incurred could he precisely
for the Senate would perceive that the number of
ny of the companies left uncertain from sixty TO hun
dred we've called for II proceeding fraught with dan
ger, and should be examined into by the Senate.
Mr.. WEBSTER said it seemed to him that there was
something rather than danger in it, if the Senator
had said, this had all been done in violation Of law The
stated, certainly which called for the inter-
position Of Government He did wish be hasty how
ever, IN forming judgment Of censue upon distinguished
and experienced officer
Mr.. CASS. The Senator will understand me as intending
Mr.. WEBSTER said certainly II was, in his Judgment
however, very essential and very proper get the facts.
General Gaines if he remembered rightly had the general
command Of the Southern Division for time, and was
quite possible that occupying that position, he might have
nnterpreted direction Of the President Department
Of War Certainly he could be u1informed the
constitutional law of the country call out the militia
without supposng that he acted under authority from
the Executive TO call the militia any amount,
any circumstances, without direction from the President
must be regarded a very extraordinary procedure Let
them advert TO the origin Of this poweo the law passed
regulating Its exercise and let them keep they
meant to preserve the integrity of the Constitution
ITS provisions, and the provisions of the law By the Con
tuon Congress had the power authorize the President to
call out the militia Of the States by acquisitions 10 rcpc in
vasion to suppress inurrecton execute the law and
for other purpose whatever That was high discretionary
power vested in the President He was one of those who
held that the necessity for the this power was vested
altogether in the discretion and judgment Of the President
If the Governor of State called the militia in roso
where the President of the United States made reauiso
for purpose within the Constitution aud law he complied
with that law. Different opinions had been entertained on
that subject but that his opinion, and bad confirmed
by the Supreme Judicial authority The first question-one
not without difcutywas how far the President, in parcu
lar circumstances might delegate the Of this dcre-
ton TO military officers 1t had been considered and so
decided that in of danger the frontier the President
might give TO the officer commanding in that quarter con-
ingent authority to call the militia in the danger
became mcnacing. That (sad Mr. W. is the length
and the whole length and breadth Of tho power and the whole
extent TO which has been exercised be
exercised without direct violation Of the Constitution and law
The militia is the militia Of the States TO make Iequison
Tor u ~ matter OF high perogative in this Government,
nigh discretion at least he exercised-under the
Constitution and under the law passed for carrying the prov
sion OF the Constitution into eectby the President or, in
particular circumstances, by somebody clothed with contingent
authority in the
Mr. CAsS The Senator will perceive that the order
not issued by the Government at ALL
Mr. WEBSTER. That makes the case 50 much tho
worse.
Mr. WEBSTER read the order OF General Gaines and
proceeded 10 the following effect Why, this is raising an mr.
my This is to raise regiments for the service tho United
States Ii is, the Senator states cquison for militia
but order to raise army under the authority Of major