EXECUTIVE ORDER.

HERMITAGE, _August 7, 1836_.

C.A. HARRIS, Esq.,

_Acting Secretary of War_.

SIR: I reached home on the evening of the 4th, and was soon surrounded

with the papers and letters which had been sent here in anticipation of

my arrival. Amongst other important matters which immediately engaged my

attention was the requisition of General Gaines on Tennessee, Kentucky,

Mississippi, and Louisiana. Believing that the reasons given for this

requisition were not consistent with the neutrality which it is our

duty to observe in respect to the contest in Texas, and that it would

embarrass the apportionment which had been made of the 10,000 volunteers

authorized by the recent act of Congress, I informed Governor Cannon by

letter on the 5th instant that it could not receive my sanction. The

volunteers authorized by Congress were thought competent, with the aid

of the regular force, to terminate the Indian war in the South and

protect our western frontier, and they were apportioned in a manner

the best calculated to secure these objects. Agreeably to this

apportionment, the volunteers raised in Arkansas and Missouri, and

ordered to be held in readiness for the defense of the western frontier,

should have been called on before any other requisition was made upon

Tennessee, who has already more than her proportion in the field. Should

an emergency hereafter arise making it necessary to have a greater force

on that frontier than was anticipated when the apportionment was made,

it will be easy to order the east Tennessee brigade there. All the

volunteers under the act are engaged for one year's service, unless

sooner discharged. Taking this view of the subject, I regret that as

soon as the War Department had information of the requisition made by

General Gaines it had not at once notified the governors of the States

that the apportionment of the volunteers at first communicated to them

would not be departed from, and that of course those in the States

nearest to the scene of threatened hostility would be first called on.

I had written thus far when your letter of the 26th of July last,

accompanied by one from General Wool of the 15th of July and one from

General Towsen of the 25th of July last, was handed to me. The letter

from General Wool was unexpected. His guide was the requisition on

the State, and I can not well imagine how he could suppose that the

Department would authorize a greater number of troops to be mustered and

paid than he was specially directed to receive. He was apprised fully of

the apportionment which had been made of the 10,000 volunteers, and of

the considerations which induced us to require 1,000 from Florida, 2,000

from Georgia, 2,000 from Alabama, and 2,500 from Tennessee. This force

was designated in this manner because it was in the country nearest to

the Seminoles, Creeks, and Cherokees, and in like manner near the force

designated for the western frontier, except a fraction of about 430 men

to be hereafter selected when it should be ascertained where it would be

most needed. It is therefore unaccountable to me why General Wool would

receive and muster into the service a greater number than has been

called for and placed under his command, particularly as he knew that

Tennessee had already been called upon for more volunteers than her

proportion in the general apportionment. He knows that the President

can only execute the law, and he ought to have recollected that if the

officers charged with the military operations contemplated by the law

were to use their own discretion in fixing the number of men to be

received and mustered into the service there could be no certainty in

the amount of force which would be brought into the field. His guide

was the requisition upon Tennessee for 2,500, and he should never have

departed from it.

The brave men whose patriotism brought them into the field ought to be

paid, but I seriously doubt whether any of the money now appropriated

can be used for this purpose, as all the volunteers authorized by the

act of Congress have been apportioned, and the appropriations should

be first applicable to their payment if they should be ordered into

the field. All that we can do is to bring the subject before the next

Congress, which I trust will pass an act authorizing the payment. Those

men obeyed the summons of their country, and ought not to suffer for the

indiscretion of those who caused more of them to turn out than could be

received into the service. The excess would have been avoided had the

governor of Tennessee apportioned his requisition to each county or

regiment, so as to make the proper number. This, however, can now only

be regretted. I can not approve the mustering or reception into the

service of the excess further than it may have been done to secure them

hereafter the justice which it will be in the power of Congress to

extend to them. They ought to be paid for their travel and expense to,

at, and from the place of rendezvous, and Congress will doubtless pass

the necessary law. Their promptness in tendering their services and

equipping themselves for the field is a high evidence of patriotism,

and the thanks of their country.

I shall inclose a copy of this letter to General Wool, and write to the

governors of Kentucky, Mississippi, and Louisiana to withhold for the

present the quota called for under General Gaines's requisition, and if

they are concentrated to muster and discharge them and wait for further

orders.

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