lor's requisitions, and those who had left under General Gaines's calls before countermanded. These are legally in service, but only for a term of three months. No officer, with his express authority, could legally muster them into service for a longer period. While the President has been obliged to disavow the whole proceedings in relation to the six-months' volunteers from Louisiana, not embraced in General Taylor's call, he is fully sensible of the high and patriotic feelings which have led them to embark in the cause of their country. He properly appreciates the individual sacrifices they have made, and sincerely regrets the disappointment they must feel when they discover the position in which they have. been placed, by the assumption of a power not given by law; and the measures of which you complain have been adopted with a view to place them on a legal footing, and to afford them an opportunity of serving their country without a violation of its laws. Their case may well be regarded as a hard one; but, with the executive government, there is no authority to afford other relief. Were it otherwise, it would give the President most sincere pleasure, as it certainly would this department, to apply the remedy. The best that, under existing laws, could be done, was to offer to those six-months' volunteers, who could not be legally recognised as in service, thus to put them into it by receiving them under the law of the 13th of May. This is not only the best, but all that could be done for these public spirited and meritorious men; and I exceedingly regret that this course, influenced by these motives, has given so much uneasiness to your excellency, and, as you think, will give so much dissatisfaction to the troops affected by it. The department did not seek to coerce them into service for twelve months, as your excellency's letter would seem to imply, but simply to afford an opportunity to such as might feel disposed to do so, to extend their engagements to that period. If I have here taken the right view of the law, and the duty of the Executive and I am quite confident I have-you will, I trust, be convinced that no alternative was left to the Executive, and that your wishes cannot be carried out. However much you may desire that a different course should be taken, I am quite sure you would neither ask nor expect it, if it involved a disregard of offic al duty, and a palpable violation of law. I am apprehensive that these irregular proceedings, in sending troops to General Taylor-not called for by him, not authorised by the Executive of the United States, not warranted by any existing legislative enactment-may create much dissatisfaction, but it is not in the competence of the Executive to remove the cause of it. Having adopted, in advance, the necessary measures to meet any emergency in the condition of the troops under the command of General Taylor, these irregular proceedings could not be anticipated; but, as soon as known to the department, the most prompt measures were taken to arrest them; and it is a matter of the deepest regret that they progressed so far as they did, before the check could be effectually applied. This department is disposed to use all the authority it possesses to mitigate the evils which have thus resulted. It has already asked from Congress a liberal appropriation to defray the expenses which have been thus incurred. But I desire to remind your excellency, that the consequences which you so severely lament, irremediable by the government, as I conceive them to be, are not the only evils likely to flow from this unauthorised procedure. Should those troops not legally in service be employed, it may well be questioned whether, with or without special legislation, they will be subjected to the rules and articles of war; whether the disbursements to them, and, on their account, not being pursuant to any existing law, can be passed by the accounting officers, even with the sanction of this department, if it could be given; and, whether the public property committed to them can be regarded as being disposed of in a legal manner. It is true, that most of these difficulties may be removed by future legislation; but it yet remains to be seen to what extent Congress will feel disposed to apply the remedy. The recent debate in the Senate on the resolution calling for the correspondence between this department and General Gaines, will show the views entertained by some of the prominent members of that body upon the subject, and the obstacles to be apprehended in the way of procuring the favorable interposition of Congress. While I commend the patriotic spirit which animated the citizens of your State, I cannot but regret that it had not been more cautiously directed. Had such been the case, the country might have been as well served, a profitless expenditure avoided, and the extent of personal sacrifices greatly circumscribed. But as it is, I can assure your excellency I am disposed, and ready, to do all that can be legally and properly done to comply with your wishes, and carry out the expectations of those who think they have cause to complain of hardships and injustice. Considering the heavy sacrifices to which most of those patriotic men had submitted, it certainly was not anticipated that the execution of the instructions to General Taylor would have been so unwelcome to them, or, at least, to such of them as were unwilling to volunteer under the act of the 13th of May. Indeed, it might well have been supposed that "the judge [who] deserted the bench, the lawyer his clients, the physician his patients, the merchant his counting-house, the mechanic his workshop, and the minister of the gospel his pulpit, to respond to the proclamation for volunteers," would have desired to return to their respective avocations, when the exigencies of the public service no longer required the continuance of the praiseworthy sacrifices of individual interest and duty, imposed by a devotion to their country. It is hoped that the explanations which have been given will satisfy your excellency that, so far from an entire disregard to the feelings and rights of the patriotic volunteers from your States and of the obligations of the United States towards them, I was governed, in issuing the order referred to, by high considerations of public duty, and by the most sincere desire to do whatever I could within the range of that duty to gratify the wishes and promote the best interests of the volunteers themselves. I have the honor to be, very respectfully, His Excellency ISAAC JOHNSON, WM. L. MARCY, Secretary of War. Governor of Louisiana, New Orleans. [No. 57.] HEAD-QUARTERS, ARMY OF OCCUPATION, SIR: Your communication of May 25, and that of the Secretary of War, dated May 28, relative to the volunteers who have been mustered for a less period than twelve months, have been carefully considered, and I have now respectfully to state that the volunteers' from Louisiana and Texas that were raised in obedience to my original call, volunteered for the term of six months, and beyond doubt consider themselves bound for that period. The same remark applies to the two additional Louisiana regiments, the regiments from St. Louis and Louisville, and seven companies from Alabama.. After consultation with General Smith, I have deemed it best not to open the subject of volunteering for twelve months to any of these corps, believing that whatever number might be willing to enrol themselves for that period, the evils of disorganization would far outweigh any practical good likely to result from the change. Much alarm and dissatisfaction have already been exhibited by these volunteers at receiving from home the rumor that they were to be disbanded unless they would volunteer for twelve months. They volunteered, with a promptness and enthusiasm seldom exhibited in any country, for the period of six months, and are willing and anxious to serve out their term if there be any prospect, however remote, of actual collision with the enemy. Should the expiration of the six months find them engaged in active operations, I doubt not a vast majority, perhaps all, would gladly continue their service until the close of the campaign. I need not assure the department that the excess of volunteer force beyond my requisition, was sent to the army against my expectation and wish; but now that the regiments are on the ground, naturally anxious for service, already well organized and somewhat instructed, I would respectfully recommend that I be allowed to retain them until the expiration of their service, exercising the discretion of discharging any corps who may desire it before that time. They are impatient for service, and I shall spare no exertions to employ them actively and usefully while they remain. In a day or two I will furnish a return of all the volunteer force. In the mean time the strength of the regiments who are enrolled for less than twelve months may be approximately estimated at 8,000 men. I am, sir, very respectfully, your obedient servant, Brevet Major General U. S. A., commanding. The ADJUTANT GENERAL of the Army, Washington, D. C. WAR DEPARTMENT, SIR: Your letter of the 1st ultimo, requesting permission to retain the six months volunteers in service to the end of the term for which they engaged, has been received, and laid before the President for his consideration. When you take into view my letter of the 25th of June to the governor of Louisiana, (with a copy of which you have been furnished,) you will perceive the legal embarrassments which are apprehended to be in the way of complying with this request. The . positions laid down in that letter are deemed to be correct, and to extend the term of service of the volunteers to six months in such a manner as not to come in conflict with them, is the difficulty now presented. Upon a further consideration of the subject, I am confirmed in the opinion that by operation of the law of 1795, which gave the authority to call out the troops in question, the legal term of service is only three months. Their voluntary engagement for a longer term could not, it is apprehended, be made obligatory on them by any subsequent executive sanction. I do not question that you are right in assuming that there is no reason to doubt the readness, on the part of the troops, to continue. in service for the entire six months; still, many difficulties would arise from attempting to extend the term beyond the legal limit by an executive order or permission to that effect. I scarcely need point them out to you. They have reference to the authority to pay for their services, to make disbursements on their account, and to enforce the laws and regulations for the government of the army in respect to them. The executive could not give his sanction to retaining troops in public employment for any period of time, however brief, unless he was clearly convinced it could be done with the unquestionable sanction of law. You will perceive by what is here stated, and by the views presented in the letter to the governor of Louisiana, the difficulties of complying with your request; yet I can assure you that on my own part, as well as on that of the President, a most sincere desire is felt to surmount these difficulties and to carry out your wishes, convinced as we both are that they have a special regard to the good of the service. It is believed that the services of these volunteers for the period of six months can be obtained in a way which will avoid all legal embarrassments. No doubt is entertained here that, under the law of the 13th of May last, the President may accept volunteers with. an understanding, either expressed or implied, that they shall be discharged at any period short of twelve months. The six months volunteers could all be brought legally into service under and by virtue of this act, and retained only to the end of the period of their voluntary agreement. You are, therefore, authorized to receive all or any part of those referred to in your letter of the 1st of July into the service of the United States, as a portion of the fifty thousand volunteers which the President is authorized to accept, and to discharge them at or before the end of the period for which they volunteered. Should they be taken into service in this way, and with the understanding that they are to be discharged at the end of six months from the time when they entered the service, it is not doubted your expectation would be realized, that "should the expiration of the six months find them engaged in active operations, a vast majority, perhaps all, would gladly continue their service until the close of the campaign." Such as have received clothing, or pay in lieu thereof, for six months, would, of course, have no further claim upon the government on that account. Very respectfully, your obedient servant, Major General Z. TAYLOR, W. L. MARCY, Commanding Army of Occupation on the Rio Grande. [No. 60.] HEAD-QUARTERS, ARMY OF OCCUPATION, Matamoras, July 16, 1816. SIR: In my communication of July 1st, I stated that the volunteers from Louisiana and Texas, raised in pursuance of my original call and the requisitions of Major General Gaines, had been mustered for six months, and doubtless considered themselves bound for that period. Such was my impression, and it was, I believe, a correct one at the time. It seems, however, that the question has been started among the Louisiana volunteers, perhaps by mischievous persons, whether they can be,held for a longer term than three months; and, at the request of Brigadier General Smith, I now have the honor to submit the question to the highest authority General Smith contends that they may be retained; and to do justice to his argument, I enclose herewith his communication on the subject. My own view certainly is, that they cannot be legally held after the expiration of three months' service; but, at any rate, I should deem it highly impolitic to keep them against their will, except with the law clearly in favor of such retention. I shall, therefore, order the discharge and muster out of service of any regiments that may claim it at the expiration of the three months' service. I do this the more readily, as I shall soon have more 12 |