The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-06-07

the late correspondence alleged pondence be-
tween Gen Scott and the President the subject OF the
command OF the army on the Rio Grande Mt sewer
said that instead OF looking what called the mis-
conduct of Gen. Gaines would be as well TO look at
the conduct Of other officers OF the army idling
their time in Washington such crisis this.
Mr. Sewer was supposed to aliude undoubtedly to Gen.
Scottl
MIR CAn exhibited that the calls OF Gen. Gaines for
volunteers TO the amount of ave regiments were made
after the 10Th Of the day when the Of the two
victories Of Gen. Tay Tor received at New Orleans
Mr.. JOHNSON of La. explained the volunteer opera
Mr.. wssrcorr eloquently opposed the resolution, be-
cause whatever might be the motive, the object, it
involved censure of Gen. Gaines and from the gallant
conduct Of this officer in the late Florida when the
Senator from Michigan was Secretary of War he could
Florida war; called out volunteers without waiting Tor
orders and his conduct approved as it should be
now. lie saw no great crime Of refusing to wait Tor
piece OF paper when the enemy were in the country
Mr.. WEBSTER inclined to think Gen. Gaines must
ed whether for the FIVE regiments called out by the gem
era alter the battles OF the Rio Grande he had received
Mr. CAss said that three OF the detachmens were ap-
proved,
proved all these einorcemcns except the mounted gun
men.
raised BY Gen Gaines prior to the nth OF May.
Mr.. sr,EE-on the 18th corps were approved by the
Department here. Mr. s. them in view of the that
Paredes with fifteen thousand his march to
the Rio Grande at about the time of his acquisitions for
me mass OF these volunteers fully justified the conduct
Mr. WEBSTER remarked that this subject Of
by Gen. Gaines, in three accepted, and the
act sanctioned by the Executive and that in others they
were not Now the question was, was Gen. Games any
more culpabe in caring the troops which not
received than in the acquisitions for those which
approved. Now, il they have been illegally raised who
responsible Who is responsible for such troops
ceped by he President In the hurry burly Of sudden
tuition be set aside upon the loose idea pressing
necessity How came General Taylor in his late cri
cal position BY what authority From what necessity
who is responsible for it am determined said MIR w.
In the investigations Of this matter it shall be sfted
transcending the laws or the constitution It was well
to know where the responsibility would rest If the En-
scuve had sanctioned this unlawful exercise of power
Gen SAN Housros said that as far as the conduct
oil General Gaines was concerned il was the subject
not Of trial by the Senate but of martial The
patriotic senator appealed in powerful argument that
der without an examination What he had done. he
had done for the honor of his country and the defence
leo, would have been the had the army crossed
the Sabine or the Nucces Mexico regarded the whole
OF Texas as a revolted province.
MIR MASeuM wouli prefer that the resolution should
be laid on the table As the Senator from Texas had
sail, the eg ,lity of the conduct Of General Gaines
was subject for court martial If the army had been
lost General Taylor would have been subject to Gen.
II was evident General Gaines controlled by the
most patriotic motives trust hst this re olution does
had better been communicated in a Message.
Mr. B'eHv said that in August. September and Octo.
Gaines, from the War Department against all interfe.
renee with the army destined for the Rio Grapde and
mand of said army Mr.. Bagby further exhibited how
certain OF the companies raised by Gen Gaines
ceived by the Department II was because they were
already far upon their march to the seat of when
the Department applised Of such renforcements
the authority oil Gen Gaines.
Mr.. ARcHsR in fearless review of the whole ease,
and an incidental defence Of Gen Scott thought the
solution ought to be adopted without the amendment
Mr.. SEVER maintained the ground that Cen Gaines
had done his duty in the crisis like soldier ard pat
quire the Gen Scott for from certain infor
nation. certain letters had passed between him ami the
Secretary Of War.
Mr.. J. NJ. CLAYroN defended the unsulled military
plume of Gen Scott and moved to amend the resolutions
by additional enquiry whether any order has been
given to Gen Scott proceed the ommand of the
army OF the Rio Grande whether he has not been en-
gagged here in Washington in Indispensable duties
nected with the War Department, or whether General
Scott has not offered his services in the command OF the
Mir. Nc Durrm-Queson. Question.
Mr. JeHssos, Of La again illustrated the nodus ope.
randi OF raising the Louisiana volunteers and said that
the General had been applauded for his coaduct by
public meeting OF the citizens Of Louisiana
time. under the law Of NECESSITY as oyerranr All obsr
laws, and upon this ground Justified the calling out Of
culogium upon the meritorous services OF this gallant
officer.
Mr. WEBSTER was opposed to all unlawful acts of pub
cause exists. The idea of justification from
necessity, utterly rspugnant to the constitution
From the day when from imaginary necessity dicta-
toral power was proposed to Gen Washington at West
vien,to the law Of the constitution Where will this law
of necessity stop If once admtedl Military usurpaton
always is plea s Of the pubic biz good always
plea of necessity. Is this all Is it not than this
as Se
who has been asserting this principle OF necessity to-day
will not assert such doctrine tomorrow.
Mr.. ARCHES said, the Senator ialr. Johnson of Md
had made the declaration repeatedly in his speech
Mr.. wEBsrER-I aware of that sir; or should not
have taken notice of it, Laughter the democratic
sde Mr. w then enlarged on the danger of these pre-
cedents and asked where would they lead TO. Where
either by the President, by General Gaines, or by the
Governor OF State. call out So 900 men; appeal to
pie, and where is the power met is poor,
weak miserable Constitution only thing Of peace and
Is it a miserable matched cottage which is pleasant
enough as shelter in fine weather but incapable of
successes of armshe united in the audatons of the
army, but military honor may be too dearly bought
m 0f too ss
tuition and the law oris it above the Constitution, and
Constitution and defined its powers; aud asked, who.
under these calls for volunteers (oi General Gaines a
points your Colonels and your Leutenants and your
Mr.. Joss sssawh he doe.
Mr.. wrBsrER-He does 2 By what authority Mr.. W.
then supposed in which such calls leves should
be made by younger and most ambitious officer, and
try instead Of sending his troops to the frontiers he
might bring them TO the seat Of Governments and where
would be the power to countermand him.
which was not heard by the reporter.
UT JOHNSON Oh Mary again TOOK the moor
Mr. ARCHER desired that the Senator would stand
little further back. He could not hear him.
ply what he Mr. y had jus. said could do so now
Cries OF ADJOURN" +" Oh let's adjourn"
MIR ARoHrs remarked that it would be ungenerous in
him TO make further reply to the Senator from Mary
lani after tho rcoinder Of the Senator from Massach
sets
Mr. JoHS.or of Nd sail he did no, make the offer un.
der the smallest idea that the from Virginia would
improve upon what had been said BY the from
Massachusetts. daughter among the democras) Mr.
then proceeded briefly to reply TO Mr. Archer and Mr..
Webster and heterodox a. the former might think
doctrine, he (Mr Johnson) maintained there
cases in which necessity the paramount law There
were cases when even the Constitution had to be set
aside Did the Senator from Massachusetts entirely deny
this doctrine
sir. WEBsrER-l do, sir
Mr.. JoHxsoS-There-s the difference between us He