The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-09

the war, there was no civil court. The courts of
the enemy could not be permitted to exercise
jurisdiction in the country, and Congress had
provided by Legislation for no courts under the
authority Of the United States. Offences were
constantly committed in and about the army, OF
which military courts could not take cognizance.
This difficulty was early pointed out. The Sc
cretary ofWar in 1916, in his report accompany
ing the Presidents message of that year, called
the attention of Congress to it. This necessity
increased with the increase OF the territory OF
which we held possession, and finally became the
| subject of correspondence by Gen. Scott, who
prepared project for the purpose Of establishing
commission under military authority to take
| Jurisdiction of those offences Of which courts
martial could not take cognizance. Gen. Taylor,
in his correspondence, frequently pointed out
this difficulty, and the embarrassment resulting
| from it, but never assumend to provide remedy.
Thus all the history of the times show the necess
| ty which existed at that time and place for the
| officers of the army to exercise some authority
over the subject which was not strictly professfo-
nal and submit if it should not have been pro-
vided for by a law of Congress? If, in theabsence
| of legislation, and under stern necessity, some
civil authority has been assumed, who is to be
censured for it Shall the censure fall upon their
Executive, who maintained our authority by the
means granted to him, or upon the officers OF
the army, for the faults which we have COM
mitted The beam is in our eye, and we should
not be searching for the mote which is in our
brothers. 1t was not in the power of the Exc
cutve, and still less in the power Of the officers
Of the army, to remedy the evil. 1t was in us !;
and we have been derelict to our duty. We
have created necessity, and driven these officers
ofthe army to assume an authority which was
extra-professional and from which they would
all have gladly been relieved.
With these remarks, which are intended
mainly to direct the mover OF this resolution to
some modification of its terms, or induce him
to accompany il with such instructions as will
point the committee clearly to what he desires,
and which will give it some power to remedy
existing deficiencies if upon full examination
any be found to exist / will proceed to the con-
sideration of some portion of that argument
which has been connected with this resolution.
would be glad if the debate upon this resolu
ton had been such rs would permit me to stop
with the expression of those views which belong
to the resolution itself But the remarks of the
senator from Texas involve other considerations,
and require specific answer. At the time
when tile boundary of his State was the subject
of discussion, Mt the time when Congress
threatened to deprive his State of its territory,
he wanders from that question which was before
us, and which might have called out all his en-
ergy and devotion as Texan, and goes into the
remote history of the army upon the Rio Grande,
to display his affection for the st tie he repre-
sents What had the orders and the discipline
of the army on the Rio Grande to do with the
territorial rights of Texas? And what, would
ask, can the senator find to justify him upon
this occasion, at this remote day, to bring up
questions of the discipline of a camp of which
he showed himself supremely ignorant, and in
the treatment of which he showed himself SUI
premely unjust! When these remarks were
submitted to the Senate, could lily brook the
defamation of my old commander, and not very
patiently bear the studied detraction from my
comrades of that hard earned reputation which
many of them gained at the expense OF their
lives, and many who live possess with the in
cumbrance of wounds and disabilities which
they carry to their graves But happily beev-
ing that The fame Of one and the other was not
to be shaken by such an attack, was prepared
to allow the defence, both Of that commander
and my comrades, to fall into the hands of those
who were not restrained by those political con-
stlsTations which bore upon me-to those to
W 1Asn it would be task equally grateful, and,
under the circumstances, perhaps more appro.
pirate / did not fear to leave their me with
out defence, well assured rs | was that their
reputation was based upon services OF which the
country is fully aware, and that their defence
might securely be left to history, and to that more
impartial unpurchas lble witness, the tradition
which descends from the actors in the scenes to
which he referred But that senator has thought
proper, ut a more recent period, to reattirm all
he said upon Il former occasion--to reaffirm it
when the circumstances were changed, when
that restraint of political relations to which ]
In, linz bod m Ssado
when political distinctions as connected with
my old commander had been closed by the grave
Now, sir, if political opposition ever did dis
qualify me in the minds of just men from de-
Tending the military conduct and character of
Gen. Taylor from the assaults of error or preju-
dice, that disqualification ceases. Now, sir,
am free from these restraints, and come to per-
form duty which it is equally sweet to my feel
ings and becoming to my position to execute.
Now, sir, we have reached point when the
material of history is to be collected Now
partizan zeal has reached the limit beyond which |
honorable men do not extend it, and the scales
Of Justice may be more truly balanced. Under
these circumstances then, come to save from
injury the reputation of a gallant soldier and
devoted patriot; come to save from detraction
my buried friend and expect to prove by the
very witnesses which the senator from Texas
nlmSeI DrOugnu lOTWaTu Tic SroSS VI
every reflection which he has made, and | expect
from his generosity and his manliness and that
benevolence of character, which have known
so long to distinguish him, that he will retract
every aspersion he has thrown upon the fame of
that distinguished soldier.
The PRESIDENT. The senator must not
apply remark Of that kind TO any senator
dispersion" is word that should not be so
used. .g... .....
Mr.. DAVIS, of Mississippi Inever design to
be personal to any member of this body, certain
Nv not to the senator from Texas. am but an
swering his own remark; which remark, under
the suggestion Of the Chair, will read, in order
that it may be seen how far my language is APP
plicablc. In referring to the people of the State
of Texas, he says ,, ... .
1.-THE people of that State have been unwar-
rantably assailed, traduced, and DETAINED by the
present Executive of the nation when a General
i'm the field. If / were not sustained by incon-
testable authority, would scorn to impute to
49,, b;,,l f,,of;on,ry IF this (,nyprpmpnt aurht