Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. A. JACKSON said, the rations found for the troops on this expedition
had already been paid for by the Secretary of War, and he could see no
reasonable objection to the payment of the whole expense attending the
expedition. As the troops were called out by a superior officer, they
had no right to doubt his authority. Were a contrary doctrine admitted,
it would strike at the very root of subordination. It would be saying
to soldiers, "Before you obey the command of your superior officer, you
have a right to inquire into the legality of the service upon which you
are about to be employed, and, until you are satisfied, you may refuse
to take the field." This, he believed, was a principle which could not
be acted upon. General Sevier, Mr. J. said, was bound to obey the orders
he received to undertake the expedition. The officers under him were
also obliged to obey him. They went with full confidence that the United
States would pay them, believing that they had appointed such officers
as would not call them into the field without proper authority. If even
the expedition had been unconstitutional (which he was far from
believing), it ought not to affect the soldier, since he had no choice
in the business, being obliged to obey his superior. Indeed, as the
provisions had been paid for, and as the ration and pay-rolls were
always considered a check upon each other, he hoped no objection would
be made to the resolution which he had moved.
Mr. COIT said, he had called for the reading of the petition, because he
could not see the connection between it and the resolution under
consideration. The petition prayed for recompense for the services of
the petitioner, and the men under his command, and the proper resolution
would be that the prayer of it ought or might not be granted; but,
instead of this, the resolution before them went to the whole troops
employed in General Sevier's expedition.
Mr. A. JACKSON said, by referring to the report it would be seen that
the Secretary of War had stated, that to allow the prayer of this
petition, would be to establish a principle that would apply to the
whole of the militia in that expedition. If this petitioner's claim was
a just one therefore, the present decision ought to go to the whole, as
it was unnecessary for every soldier employed in that expedition, to
apply personally to that House for compensation.
Mr. RUTHERFORD observed, that the gentleman from Tennessee had set the
matter in so fair a light that it was not necessary to say much more on
the subject; but, as he had been acquainted with the frontier from his
infancy, he would just give it as his opinion, that the expedition was a
necessary one, and that the expense ought immediately to be paid. He
hoped, therefore, the resolution would be agreed to unanimously.
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