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25TH CONGRESS ]
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NO. 746. |
[2D SESSION. |
ON CLAIMS OF TENNESSEE VOLUNTEERS CALLED OUT ON RE QUESTION OF MAJOR GENERAL GAINES TO
SUPPRESS INDIAN HOSTILITIES IN FLORIDA, ALABAMA, ETC., FOR PAY.
COMMUNICATED TO THE HOUSE OF REPRESENTATIVES DECEMBER 19, 1837.
DEPARTMENT OF WAR, December 18, 1837.
Sir: I have the honor to transmit a report of the paymaster general, accompanied by the
copies of documents relating to the claims of certain Tennessee volunteers, required by a
resolution of the House of Representatives of the 11th instant.
Very respectfully, your most obedient servant,
J. R. POINSETT.
HON. JAMES K. Polk, Speaker of the House of Representatives.
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PAYMASTER GENERAL’S OFFICE, Washington, December 16, 1837.
Sir: In compliance with your instructions, I have the honor herewith to lay before you
copies of such documents as are on file in this office relating to the claims for
compensation of certain companies of Tennessee volunteers, called for by the resolution of
the House of Representatives of the 11th instant.
Respectfully, your obedient servant,
N. TOWSON, Paymaster General.
Hon. J. R. Poinsett, Secretary of War.
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EXECUTIVE DEPARTMENT, Nashville July 12, 1837.
Sir: Major Steuart has commenced the pay of the volunteers at this place, having, I believe,
nearly completed the payment of three companies, as well as a good many of the absentees
that were under General Armstrong in Florida, and as yet I have heard of none refusing the
notes of our banks.
Captain Perkins has gone, I learn, to East Tennessee, to pay also in that section.
I am informed by Major Steuart that the appropriation of three thousand dollars for the
payment of my staff is not quite enough for that object.
This may have happened in consequence of the executive staff in Tennessee having higher rank
than in other States, or than, perhaps, is known in the United States army.
The enclosed is the account of Colonel Hardeman, who was one of my aids, and acted under all
the different calls as such, and was a most useful and vigilant officer, who fell a victim
to his ambition and exertion to make a faithful discharge of every duty I had required of
him. He was taken sick on his return home from attending the rendezvous of the last
volunteers at Jackson, in this State, under the call of General Gaines, and died shortly
after, much lamented by all who knew him, leaving a widow and children. Major Steuart feels
at some loss to know how to proceed in paying him, as the certificate is not signed, and of
course cannot be.
I know that Colonel Hardeman had the number of servants and horses the whole time, though he
may not have used them all, the whole time, in the service. He used all that were necessary,
at all times, for the most vigorous despatch of duty, whether more or less, and may, for
aught I know, have used more at particular times than the number allowed. His rule was to
stop at nothing that seemed necessary for despatch of duty, and was often at great expense,
as well as myself, while engaged in this business, which, it seems to me, ought to be met
by the general government.
Having superintended in person the organization of the volunteers under the different calls,
and at long distances from the seat of government, at Fayetteville and Athens, as well as
their assembling and being mustered at various other different points, kept me constantly
engaged in service under all the calls from the 28th of April until the 25th or last of
August. How, then, I would respectfully inquire, am I to be remunerated for this service and
expense? Since I wrote you last on the subject of the appropriation to meet the liabilities
I had incurred in the Union Bank for expenditures to subsist the volunteers and their
horses at different points, some of the officers, whose lands I held for the amounts I had
advanced them on those occasions, have come forward and refunded to me the amount they had
received, so as to [page 746]
reduce the amount of liabilities several thousand dollars;
and I have placed in the hands of Major Steuart similar vouchers, to be settled as he goes
round paying the different companies; which, if done, will reduce the amount for which I am
liable below the amount appropriated by Congress for that object, instead of its falling
short, as I had anticipated.
Should this be the case, as I have no doubt of it, could not the deficiency for the
executive staff be made up out of that, or some other appropriation for the volunteers?
Such have been their expenses that I would greatly regret the delay of the payment of a
single one on any account, if it could be possibly avoided. It will require some time for
Major Steuart to finish the payment of all the volunteers in our State, as they are
scattered over a vast extent of territory, and I have deemed it best, under the
circumstances, to require him to attend at the town of each county where there is a company
to be paid. There are several companies who were reported and received by the executive, who
have not been mustured, nor did they attend any place of rendezvous under my orders, before
they learned that their services were dispensed with, and hence did not march from home, or
their respective neighborhoods, who, as I understand the act of Congress, are provided for
also. When Colonel Croghan passed here on his return from Mississippi, he informed me that
be expected to return for the purpose of performing duties in relation to this class. But as
yet he has not returned, though it will likely be a month or more before Major Steuart gets
round the places he has now advertised to attend, and after which I hope the said last class
will be also attended to.
The account of Colonel Hardeman is also enclosed, in order that you may give such special
instructions to Major Steuart as the case requires.
I would also like to know the rule in relation to my own case, which, however, I feel some
delicacy in introducing to your attention.
Whilst I have the honor to assure you of the high respect and continued esteem of your
obedient servant,
N. CANNON.
Hon. JOEL R. Poinsett, Secretary of War
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EXECUTIVE DEPARTMENT, Nashville, August 1, 1837.
Sir: I have received a note from Colonel Croghan, dated at Washington the 22d of July,
requesting me to cause him to be informed, at that place, the time when his presence was
necessary here to act on the rolls of the different companies who have not been mustered
under the different calls for volunteers made on the executive of Tennessee during the year
1836, and were not mustered; in answer to which I have the honor to state that said rolls
are nearly all ready now, and will be completed in a few days, ready for his action; there
being fifteen or sixteen companies in that situation, I believe. You will see by the
enclosed advertisement of Major Steuart, who is now paying the middle and western part of
the State, that he finishes the payment of the companies whose rolls were made out at
Washington, and ordered to be paid on the 16th instant; Captain Porterfield’s being the last
of those.
The rolls of those others that have not been mustered will all be ready before that time,
when it would be advisable that he might pay them also as soon as possible; and that Colonel
Croghan should be here to act on them by that time, otherwise authorize Major Steuart or
some other person to do so in his stead, though it is feared this notice cannot reach you at
Washington, and Colonel Croghan, in time for him to reach here at that precise time, which,
however, may not be very material. But those who are expecting pay are waiting, and it is
hoped that no unnecessary delay will take place.
With much respect, I have the honor to be your obedient servant,
N. CANNON.
Hon. J. R. Poinsett, Secretary of War.
P. S.--I have not heard yet of a single instance of refusal to take the notes of our banks.
N. C.
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WAR DEPARTMENT, August 12, 1837.
Sir: I have the honor to acknowledge the receipt of your letter of the 1st instant. Its
contents have been communicated to the paymaster general and to Colonel Croghan. The colonel
will set out to-morrow for Tennessee.
Very respectfully, your obedient servant,
J. R. POINSETT.
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EXECUTIVE DEPARTMENT, Nashville, August 30, 1831.
Sir: I have herewith enclosed to you the rolls of five companies of the volunteers who were
received during the summer of 1836, but were not mustered or called into actual service.
They were received under the requisition of the Secretary of War, dated May 25, 1836, which
was for twelve months’ service; but on a pledge given by me to relieve with A fresh force at
the end of six months, should the war continue, (and it was required by the general
government,) the President agreed reluctantly, on my solicitation, to receive them for six
months’ service. The President expressed a desire that one half of these troops should be
raised in East Tennessee, and the other half in West Tennessee. Ire begged that I would be
as prompt as possible in the arrangement of the whole matter. In compliance with which I
issued my proclamation of the 6th of June, calling for said volunteers in the most
expeditious manner, and appointing the rendezvous for the western part of the State, at
Fayetteville, on the 1st of July, 1836 and at Athens, for the eastern part, the 7th of the
same month, so as to afford time, with the utmost
[page 747] diligence, to attend the
organization at both places in person, with a part of my staff, which was done. I had
previously despatched the adjutant general of the State to the eastern part of the State to
encourage our citizens to turn out under this call. But all the information I had received
from him before, and up to the rendezvous at Fayetteville, induced me to believe that not
more than half the number assigned to the eastern part of the State could be raised there.
Hence I determined to supply the deficiency that might happen there with the surplus
companies I had received in the west, over and above what was requisite to make the brigade
organized under General Armstrong, at Fayetteville, on the 1st of July, and march forthwith
for the south, as required. Receiving and holding in readiness the supernumerary companies
in the western part of the State, for the purpose of supplying, in the first instance, the
expected deficiency in East Tennessee; and, secondly, to supply, if necessary, the place of
those in actual service at the expiration of the term of six months, for which they had been
received, under such a pledge from me, as will be seen by my letter to the Secretary of War
on that subject, and his reply thereto. It seemed to me to be the only safe course for the
great expedition that had been required. Colonel Croghan has declined acting on these rolls,
on the ground that the executives of the States could not legally receive more than were
actually required by the call from the Secretary of War, which in this case seemed to me
actually necessary, in order to meet promptly the wishes of the President, and to be in
readiness at the same time to redeem the pledge I had given to relieve with an equal force,
if necessary, at the expiration of the term of six months, which I have been in readiness to
perform or redeem the pledge, had it been required; which, however, has not been.
I hope that, by a liberal construction of the 3d section of the act of Congress of the 1st
of March, 1837, you will believe, as I do, that Congress intended to embrace these cases,
which I think must appear by a reference to the memorial and documents from this State, on
which, I presume, the law was mostly predicated. There are three or four other companies of
the same class which were not prepared, at this time, to be forwarded; also a few, perhaps
four or five, under the first requisition of General Gaines, who were also received but were
not mustered, which Colonel Croghan does not feel authorized to order the payment of,
because General Gaines’s call was not made in the summer, which happens to be the expression
in the third section, instead of the year.
Should, however, your department, on a full view of the subject, not feel authorized to
embrace these cases, I must respectfully request that it be submitted to Congress, in order
that justice may be extended to those classes of the volunteers of Tennessee, whom I had
supposed were provided for by the act referred to, and have encountered the same expenses in
preparing for the service as those who have been paid, and merely because they had been
mustered. I must wait the result, with some confidence that a second appeal to Congress in
their behalf will not be necessary.
Very respectfully, your obedient servant,
N. CANNON.
Hon. Mr. Poinsett, Secretary of War.
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EXECUTIVE DEPARTMENT, Nashville, September 18, 1837.
Sir: Enclosed herewith I send you the balance of the rolls of the volunteer companies who
have not been mustered, but were received, as certified on each roll, and are submitted for
your decision as to their payment.
In the case of Captain Crozier’s company, the facts, I doubt not, were as stated in the
captain’s certificate. The company was received by the adjutant general of the State, who
had authority from me, and who afterwards induced them to leave Athens without being
mustered. Had they remained they would have been mustered and received by General Wool with
the other companies.
Very respectfully, your obedient servant,
N. CANNON.
Hon. Mr. Poinsett, Secretary of War.
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EXECUTIVE DEPARMENT, Nashville, September 12, 1837.
Sir: Enclosed are the rolls of three more companies of the volunteers of Tennessee who are
unpaid, to wit:
The company of Captain John H. Hamilton, of Jackson county; Captain Hugh C. Armstrong’s, of
Overton county, and Henry S. Maxwell’s, of Overton county also, who are in the same
situation as the five companies heretofore forwarded, I presume.
Very respectfully, your obedient servant,
N. CANNON.
Hon. Mr. POINSETT, Secretary of War.
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Louisville, September 1, 1837.
Sir: My stay at Nashville was but short; long enough, however, for me to affix my official
signature to the muster-rolls of the only two companies remaining to be paid of those called
into service under the requisition of Major General Gaines, of date June 28, 1836.
Other rolls of companies received under previous requisitions were submitted to me, but I
declined all action upon them for the reasons stated in my letter to Governor Cannon of the
28th August, 1837, a copy of which is hereunto appended.
[page 748]
His excellency was greatly disappointed in my refusal to note all his rolls for payment, but
his disappointment was not equal to my surprise at finding that eight out of the ten
companies which I had been ordered to muster (as I thought) had been already paid, and upon
rolls which had been forwarded to Washington during the fall of 1836.
I will remain here for a few days, and then proceed immediately on to Washington city.
Very respectfully, your obedient servant,
G. CROGEAN, Inspector General.
Hon. J. R. POINSETT, Secretary of War.
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NASHVILLE, August 28,1837.
Sir: Let my wishes on the subject of the volunteers who were called into service, and whose
services were accepted by your excellency during the year 1836, be as they may, I cannot,
consistently with my understanding of the third section of the act of March 1, 1837, making
appropriations for the support of the army for the year 1837, authorize the payment of any
other companies than the two which remain to be mustered under the last call of General
Gaines, of date June 28, 1836.
The first call of General Gaines is not considered in the third section of the act just
named, for it refers exclusively to requisitions made during the summer of 1836; and it is
equally certain that it does not warrant any further payments under the requisition of the
Secretary of War of May 25, 1836, as more than the number of men required by that
requisition have been already mustered and paid.
I would advise that the rolls which I have declined indorsing be sent to Washington to be
laid before Congress for its action thereon, should the Secretary of War, on their being
submitted to him, agree with me that they come not within the provisions of the third
section of the act of March 1, 1837.
I have the honor to be, &c.,
GEO. CROGHAN, Inspector General.
His Excellency NEWTON CANNON, Governor.
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EXECUTIVE DEPARTMENT, Nashville, September 2, 1837.
Sir: Being very desirous that the acts of the executive of Tennessee should be as fully
known as possible, under the different calls made on this State for volunteers during the
year 1836, 1 must submit to you this brief statement of facts, as being important in
deciding finally on the cases which Colonel Croghan refused to indorse for payment, as you
will see by the enclosed extracts from his letter to me on that subject.
April 8, 1836, is the date of the first requisition of General Gaines.
April 28, 1836, is the date of the proclamation of the governor of Tennessee.
June 1, the rendezvous of them at Memphis, by general orders dated May 2,1836.
May 13, their further movement suspended by the request of General Gaines.
May 4, 1836, General Gaines’s call, sanctioned by letter to Governor Cannon from the
Secretary of War, and the last of May and 1st of June a part of the companies who had been
received were mustered and discharged at different places by Captain Wickliffe, of the
United States army, some companies failing to attend for that purpose, knowing their
services were not required, who are part of those excluded now by the decision of Colonel
Croghan, on the word summer, &c.
The next in order is the call of the Secretary of War, dated May 25, 1836, for 2,560, a
division of volunteers, in which promptitude is urged, and the equal division between the
east and west of the State, &c., to which I must request particular attention; also to my
letter requesting their reception for six instead of twelve months, pledging to relieve, if
required, with fresh troops, &c.
June 6, 1836, proclamation of the governor under the same.
July 1, rendezvous at Fayetteville, where General Armstrong’s brigade was organized and
marched forthwith.
The 7th of the same month, rendezvous at Athens, having despatched the adjutant general to
East Tennessee with the proclamation immediately. I had received information from him
previous to meeting the volunteers at Fayetteville, stating that be believed there would be
but five companies raised in East Tennessee under this call, in consequence of a part being
required to be footmen, while all in the west were mounted, and up to July 1, at
Fayetteville, I had no information which would authorize the belief that there would be more
than five or six companies, at most, at Athens under this call.
Here, also, I received an answer from the Secretary of War to my request to the President to
receive for six instead of twelve months, on the pledge that their places would be supplied,
if required, at the end of six months by fresh volunteers; hence I determined to receive all
the organized companies who had tendered their services up to that time in the west, in
order to supply promptly, and without any delay, any deficiency that might happen in the
eastern part of the State; also to be ready promptly to redeem the pledge given to the
President to supply their places, if desired, at the end of six months, for which time they
were received on said pledge. It turned out, however, that instead of any deficiency, as had
been anticipated, in East Tennessee, there was an excess; but were received by General
Wool into service, and did not require the act of Congress for their payment.
Then the companies that were not mustered under the call of the Secretary of War and
received (in the west) by me up to the 1st of July, when General Armstrong’s brigade was
organized and marched, which have been held in readiness, if called at the end of six
months, are also excluded from the benefits of the third section of the art of March 1,
1837, (as I think, under all the circumstances, improperly and unjustly,) and leaving none
in Tennessee who are benefited, except the two companies referred to in the letter of
Colonel Croghan.
I trust, when you refer to the requisitions fully, and the dates and circumstances attending
the executive action of the governor of Tennessee, and steps taken to comply with the calls,
not only of the [page 749]
President and Secretary of War, but also the general commanding, you
will be satisfied of the strict propriety of holding in readiness these companies to redeem
the pledge given the President, had it been required, and guarding against every contingency
calculated to produce a failure to meet the requirements of the general government in the
most prompt and efficient manner.
June 28, 1836, date of the last call of General Gaines.
July 20, 1836, date of the governor’s proclamation, in pursuance, taking into service ten
companies of those previously organized and held in readiness, as before stated. No new
companies were raised under this call.
In addition to this, a reference to the memorial of the legislature of Tennessee and the
accompanying documents, on which this act of Congress was predicated, may afford some
additional light, going to convince that the very companies of the volunteers of Tennessee
now unpaid are those that were intended to be provided for by said third section.
In reply to the letter of Colonel Towson on the subject of the rank of the executive staff,
I must beg leave to call your attention to our militia law, (copies of which I have
forwarded to him and yourself and the first call of General Gaines, being for a brigade. To
show that the whole number of companies received by the governor of Tennessee under that
requisition does not exceed a brigade under our law, (a few of which companies, as before
stated, did not attend the places of rendezvous to be mustered by Captain Wickliffe,) and
are yet unpaid, being excluded by the opinion of Colonel Croghan, it will be seen that our
brigades are formed by counties, and contain no regular specific number of companies, but,
in fact, vary from about fifty to eighty companies, whereas only about
sixteen or eighteen
companies have been paid under this call, and about half as many more were received by the
governor, but were not mustered and are not paid, and to whose case your attention is
invited respectfully.
I must remark, while on this subject, that the company of Captain John E. Crouch (called the
Franklin Blues) were received under this first call of General Gaines, and were actually
mustered by Captain Wickliffe at this place at the same time be mustered the other companies
here under his call, and I supposed had been returned accordingly as others, of which roll I
can get no account, as I am informed by Major Steuart he has not received it. I must
request, therefore, that inquiry be made at the proper office at Washington for the same---it
may have been mislaid. I regret that I feel it my duty to trouble you thus, and assure you
that I am extremely anxious to arrive at the close of this whole volunteer business of the
year 1836.
Very respectfully, I have the honor to be your obedient servant,
N.CANNON.
Hon. J. R. Poinsett, Secretary of War.
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Extracts from the letter of Colonel Croghan to the governor of Tennessee.
NASHVILLE, August 28, 1837.
“I cannot, consistently with my understanding of the third section of the act of March 1,
1837, making appropriations for the support of the army for the year 1837, authorize the
payment of any other companies than the two which remain to be mustered under the last call
of General Gaines, dated June 28, 1836.”
“The first requisition of General Gaines is not considered in the third section of the act
just named, for it refers exclusively to requisitions made during the summer of 1836; and it
is equally certain that it does not warrant any further payments under the requisition of
the Secretary of War of May 25, 1836, as more than the number of men required by that
requisition have been already mustered and paid.”
“I would advise that the rolls which I have declined indorsing be sent to Washington to be
laid before Congress for its action thereon, should the Secretary of War, on their being
submitted to him, agree with me that they come not within the provisions of the third
section of the act of March 1, 1837”
This decision excludes all under the first call of General Gaines from the benefit of the
third section, and also all the supernumerary companies Under the call of the Secretary of
War that were received by the governor and held in readiness
1st. To supply a deficiency that was expected in East Tennessee at Athens; and,
2d. To supply the place of the whole number called for at the end of six months, should it
be required by the President, to whom a pledge had been given for that purpose by Governor
Cannon in his letter asking him to receive the troops under this call for six instead of
twelve months; which was assented to, as is supposed, on that condition.
No new companies were required to be organized under the last call of General Gaines, as
will be seen by the proclamation of Governor Cannon of the 20th of July under it. The call
for ten of the companies already organized was under the two previous calls, one from Gaines
and the other from the Secretary of War, and thus that call was met out of a part of the
companies that had been previously organized and were waiting in readiness, as before
stated.
Respectfully,
N. CANNON.
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WASHINGTON, October 13, 1837.
Sir: Agreeably to your request, I have perused the letter of his excellency Governor Cannon
to the Secretary of War, of date the 2d ultimo, on the subject of my refusal to admit for
payment certain muster-rolls during my recent visit to Nashville, but without finding in it
any arguments calculated to lessen my confidence in the correctness of the position assumed
by me in my note to his excellency of the 28th of August last.
The limited construction given by me to the term summer, as used in the third section of the
act of March 1, 1837, making appropriations for the support of the army, &c., for 1837, is
particularly objected to, as by it many of the volunteer companies under the first call of
General Gaines are excluded from the [page 750]
benefits of said act. Now, for argument
sake, let us admit that by summer is meant the entire year, how are the companies whose
claims are held forth to be benefited thereby, seeing that the act in question provides for
the payment of those companies only who were called into service and their services accepted
by the governor of the State under a requisition, &c., and the governor, in his message of
October 8, 1836, states that their services were not accepted by him?
The services of nineteen companies, and no more, were accepted by the governor (vide message
October 8) under the first requisition of General Gaines. Of those, sixteen companies were
mustered for payment by Captain Wickliffe in September, 1836; one, (Captain Cannons,) very
shortly after, was admitted for payment in this city on the certificate of his excellency
himself; and the remaining two companies (Totten’s and Curry’s) were mustered for payment
by myself on the 28th of August last, they having been presented to me as the ninth and
tenth companies under the second call of General Gaines.
The claimants under the requisition from the Secretary of War of May 25, 1836, are in no
manner provided for by the act above named; if ever paid, it must be under some future act
of Congress. The requisition from the Secretary of War was for 2,500 men, and already have
more than 4,000 been paid, viz: the 1,550 who were formed into a brigade under General
Armstrong, and about 2,500 who joined General Wool.
The second requisition from General Gaines in June, 1836, was for ten companies; eight
only, however, were accepted at the time by the governor, (see message October 8,) and they
were mustered for payment by Captain Wickliffe in September, 1836; and on the 28th of
August, 1837, 1 admitted for payment the two companies of Totten and Curry, as before
stated, upon the assurance of the governor that, although accepted by him under the first
call of General Gaines, they were in like manner accepted by him under the second call.
Respectfully, your obedient servant,
G. CROGHAN, Inspector General.
Brigadier General N. Towson, Paymaster General.
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PAYMASTER GENERALS OFFICE, October 14, 1837.
Sir: I heretofore have been prevented by ill health from reporting on Governor Cannon’s
letter to you of September 2, which was referred to me for that purpose.
As the mustering and certifying troops for payment is the appropriate duty of the inspecting
officers, I handed the governor’s letter to Colonel Croghan, with the request that he would
make such reply to the arguments as he should deem proper, and have just received from him
the enclosed.
The first subject in the governor’s letter is the call of General Gaines for a brigade, to
consist of two or three battalions, and each battalion from eight to ten companies. Governor
Cannon says a part did assemble at different places, and were mustered and discharged by
Captain Wickliffe; that some companies failing to attend for that purpose, knowing their
services were not required, have been excluded by Colonel Croghan’s decision from the
benefit of the third section of the act of March 1, 1837.
It will be seen by the extract of Colonel Croghan’s letter to Governor Cannon, and the
enclosed to me, that the inspector general is of opinion the companies that did not attend
for the purpose of being mustered cannot be lawfully paid under the third section, that
being confined to volunteers “whose services were accepted by the executives of the States,
respectively, during the summer of the year 1836, the transactions having taken place before
the summer of 1836;” and it also appearing, by the governor’s communication to the
legislature, that nineteen companies only were accepted---all of which have been paid. The
next claim presented by Governor Cannon is for pay of the supernumerary companies accepted
by him for the purpose of relieving the volunteers under Generals Wool and Armstrong at the
expiration of six months, they having refused to volunteer for twelve months, as called for
by the Secretary of War in his letter of May 25, 1836.
The governor intimates that there is in the correspondence between the Secretary and himself
an implied assent to this arrangement. The inspector general thinks that, as the number of
volunteers called for was but 2,500, (2,560,) no more supernumeraries can be paid under that
call than are specially provided for in the appropriation of $90,000 in the second section
of said act, and that the third section is confined to volunteers who were duly called into
service “under requisitions from the Secretary of War, or from generals commanding the
troops of the United States.”
I have no knowledge that any more troops were called for, or authorized by the President or
Secretary of War, than the 2,560; on the contrary, I have understood the President
complained to the Secretary of War, in a letter from the Hermitage, that General Wool had
accepted more than be was authorized to receive. The records of the War Office, I presume,
will show the views of the President and Secretary relative thereto.
The next subject referred to is the volunteers accepted under the last call of General
Gaines. I presume this reference is only for the purpose of showing that they were not
intended to be provided for by the third section, and that therefore it must apply to the
others.
The governor refers to the military laws of Tennessee to show the rank of the officers of
the executive staff, and contends that they should be paid according to that rank. This is
in answer to the letter I had the honor to address you on the 28th of August last, to which
I have nothing more to add. He also refers to the law to show that a brigade may consist of
more companies than were paid under the first call of General Gaines, which is not disputed.
The above, I believe, are all the points that require decision, and they appear to be legal
rather than military questions.
The muster-roll of Captain Crouch’s company, which the governor thinks was forwarded to
Washington, has not been received either at the Adjutant General’s or at this office.
Very respectfully, your obedient servant,
N. TOWSON, Paymaster General.
Hon. JOEL R. POINSETT, Secretary of War.
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[page 751 ]
WAR DEPARTMENT, October 20, 1837.
Sir: I have the honor to transmit you a report of the paymaster general in reference to the
claims of the volunteers referred to in your letter of the 2d ultimo.
After a careful examination, I find no authority for the payment of these cases by the
department, and application had therefore better be made to Congress at the next session for
such an extension of the law as would cause it to embrace them.
In reference to the implication alluded to by the paymaster general, I find nothing in the
letters from this department to your excellency to warrant it. An arrangement as to raising
men to supply the place of those who enlisted only for six months, when that time had
expired, is not even alluded to.
Very Respectfully, your obedient servant,
J. R. POINSETT.
His Excellency N. CANNON, Governor of Tennessee, Nashville.
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Source:
American State Papers, House of Representatives, 25th Congress, 2nd Session
Military Affairs: Volume 7, Pages 754 through 751, No. 746.
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