[3860) [JACKSON to CANNON I
Liberty, Tenn., August 3, 1836. Sir, your letter of 30th of July last was handed the President this morning on his way hither and he has directed me to say in reply that he [is] much astonished to learn that Genl Gains has made a requisition on Tennessee for volunteers, the number not named, nor the requisition not furnished. When the act of Congress passed authorising the President to have organised and ready for service ten thousand volunteers, the Executive apportioned the volunteers, 1000, for Florida where the Indian war was raging, 2000 to Georgia, 2000 to allabama, and 2500 to Tennessee, to aid in putting down the Indian war in the South and keeping the cherokees in check, and 1000 volunteers in arkansa and 1000 in Missouri-these with the new raised Regiment of Dragoons [were] placed under the requisition [of Genl.] Gains, and with the reg[ ulars] and Dragoons there in the field, was supposed by the President, sufficient for the protection and safety of the western frontier. Before the Executive left Washington there had been a letter recd. from Gent Gains intimating some appearence of hostile feeling by the Indians upon that frontier but no acts of hostility had been committed by them, and later intelligence says every thing on that frontier wears al present a peaceful appearence-therefore it is very strange that Gent Gains should have made this requisition on Tennessee, as he must have seen that the portion of vollunteers under the act of Congress assigned to Tennessee was ordered for the southern war, and be confined to those in arkansaw and Missouri, for any aid that the Indian hostility might make necessary, and the states of ohio, Kentucky, Indiana and Hlinois held in reserve for greater emergencies. Gains reported himself in a bad [state of] health to the Dept. of War, asked a [furlough] which was Granted [to him. l The congress who passed the law authorising the raising of 10,000 volunteers supposed that number competant for the Defence of our frontier and to put down the little punie Indian war, and unless cases of great emergency should arise before the next meeting of Congress the Executive cannot sanction the raising of more than that authorised by congress. The President charges me to say, that he has no power to legislate, his duties are executive and to see that the laws are faithfully executed, and that he has no power to accept or authorise more than the requisition calls for, the
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