LETTER FROM THE Secretary of War, ACCOMPANYING HIS REPORT ON THE PETITIONS OF WILLIAM MILTON, AND OTHERS, EXHIBITING *C L A I M S* FOR MILITIA SERVICES IN THE STATE OF GEORGIA. --- 14*th March*, 1800. Committed to a Committee of the whole Houfe on Monday next. --- Printed by order of the Houfe of Reprefentatives of the United States. --- WAR DEPARTMENT, *February 20th*, 1800. SIR, I HAVE the honor to fubmit to the Houfe of Reprefentatives, a report on the feveral petitions referred to the Secretary of War, relative to claims for militia fervices in the ftate of Georgia. I have the honor to be, With the greateft refpect, SIR, Your moft obedient fervant, JAMES M^cHENRY. The SPEAKER of the Houfe of REPRESENTATIVES. --- REPORT, &c. --- T HE Secretary of War, to whom was referred the petitions of William Milton and others, inhabitants of Greene county in the ftate of Georgia, for compenfation to a troop of militia dragoons, commanded by Jonas Fauche, for fervices ftated to have been performed by them, from the 23d April 1793, to the 25th July, 1794; of John F. Randolph, in the behalf of himfelf, and the foldiers under his command, for compenfation to a troop of militia dragoons, for fervices ftated to have been performed, from the 13th of March 1793, to the 1ft of June 1794; and of John B. Girardeau, for compenfation to a troop of militia dragoons, for fervices performed from the 29th of April 1796, to the 1ft of January 1797— Refpectfully reports to the Houfe of Reprefentatives of the United States,— That the frontiers of Georgia being threatened with hoftilities by the Indians, in the latter part of the year 1792, the Governor of Georgia was, in confequence, informed by the Secretary of War, in a letter dated 27th October 1792, that the conftitution of the United States having exclufively vefted in Congrefs (which body was on the eve of a feffion) the power of declaring war, no offenfive operations could be juftified, until they were authorized by Congrefs, before whom every information relative to the hoftile defigns of the Indians would be laid; that as the evils exifting, and apprehended, from fome of the fouthern Indians, might be greatly extended, it was fub- mitted to the Governor as highly expedient, the militia fhould be well armed, and furnifhed with ammunition, as foon as practicable, fo as to be ready for any event; that if the intelligence he received, fhould clearly fubftantiate any hoftile defigns of the Creeks againft the frontiers of Georgia, he ought to ufe the moft effectual means of defence in his power, and required by the occafion:—by a letter dated the 14th December 1792, the Governor was advifed of certain pacific appearances among the Creeks, and by another, dated the 9th March 1793, that application had been made to the Prefident, by the delegates from Georgia, to eftablifh within the faid ftate, magazines of arms, ammunition and provifions, and to make provifional arrangements for calling out the militia of the neighbouring ftates on the apprehenfion of danger from the Cherokees; that although it was expected, from the meafures taken to fecure peace with the Cherokees, that arrangements to the extent required, might not be indifpenfably neceffary in this trying juncture; yet the Prefident, defirous to avert apprehenfions which might arife from a want of arms and ammunition, had directed a fmall magazine at Augufta of one thoufand ftand, and proportionable ammunition, the whole to be depofited with Major R'bert Forfyth, with inftructions, in cafe of an invafion, to iffue fuch of them to the Governor's order, as might require, or to ferve other purpofes requifite for the intereft of the United States; the arms iffued to the militia, and not returned, to be charged to the ftate in an account with the United States; that the profpects of peace with the Cherokees and Creeks, would tender it inexpedient to form, immediately, magazines of provifions, and that the Governors of North and South-Carolina had been written to relatively to any irruption of Indian parties on the frontiers. By a letter dated the 29th April 1793, that information had been recently received from Governor Blount, of the hoftile difpofition of the Upper Creeks, and mans of the Lower Cherokees, and of an exifting war between the Chickafaws and Upper Creeks;—that Governor Blount was on his way to Philadelphia to concert with the Executive the moft advifable meafures;—that the Prefident was defirous general principles fhould be adopted applicable to the whole fouthern frontier, and that the refult would be tranfmitted. By a letter dated the 30th May 1793, that from confiderations of policy, at this critical period, relative to foreign powers, and the pending treaty with the northern Indians, the Prefident deemed it advifable to avoid offenfive expeditions into the Creek Country, but from the circumftances of late depredations on the frontiers of Georgia, thought it expedient to increafe the force in that quarter for defenfive purpofes;—that he therefore authorized him (the Governor) to call into, and keep in fervice, in addition to the regular force ftationed in Georgia, one hundred horfe, and one hundred militia foot, to be employed under the orders of Lieutenant Colonel Gaither, in repelling inroads; the corps to be engaged of proper characters, to ferve until the firft day of May or June next (1794) unlefs fooner difcharged, which the government muft hold the right of doing:—that an additional thoufand ftand of arms and accoutrements, fifty barrels of powder, and a proportional quantity of lead and flints, would be forwarded to Major Haberfham, to be by him forwarded to Augufta, to the care of Major Forfyth, under like provifions with the former quantity:—that as it did not appear the whole of the Creek nation were difpofed for, or engaged in hoftility, it was confidered the above force would be fufficient for the object defignated; that the cafe of a ferious invafion of Georgia by large bodies of Indians, muft be re- ferred to the provifions of the conftitution, and that the proceeding with efficacy in future, (the neceffity for which appeared too probable,) required abfolutely that no unneceffary expenje fhould be incurred in the mean time; and that nothing might be wanting on the part of government for defence of the frontiers of Georgia, fcouts were authorized to be raifed, at the rate of five-fixths of a dollar per day, as a better defence than block-houfes, two men being confidered equal to cover ten or twelve miles of a frontier. That the force mentioned in the laft above recited letter, of the 30th of May 1793, continued to be all (except, perhaps, a few men neceffary to complete the garrifons for block-houfes, authorized for every twenty-five miles of a line expofed to danger, by a letter to the Governor dated the 14th May 1794) that was authorized by the General Government, until the 25th September 1794, when an additional troop of horfe was adopted by authority of the Prefident, although it appears that the Governor of Georgia had, in the mean time, called out a confiderable body of militia;—as information was received of this circumftance, it was made known to him by the Secretary's letter, dated the 19th July, 1793, that in the cafe of invafion or imminent danger only, the meafure taken could be confidered indifpenfable, (placing it upon conftitutional ground) and a hope expreffed, that as foon as the danger was over, he would reduce the troops to the number already authorized by the letter of the 30th May 1793; that a general Creek war, in the then crifis of European affairs, would be a complicated evil of great magnitude, and to avoid it, Mr. Seagrove would be fent into the heart of the Creek country, if compatible with a reafonable degree of fafety: by a letter dated the 19th July 1793, that the reafons given by the Prefident's order, in the Secretary's letter of the 30th May laft, ftill operated to prevent any departure from the line of conduct therein fpecified: by a letter dated on the 5th September 1793, that his Excellency's letter, of the 13th of the laft month, covering the proceedings of a council of war, compofed of the general officers of the militia, had been received and fubmitted to the Prefident, whofe deliberate opinion it was, for reafons detailed fully, that an offenfive expedition againft certain towns of the Creek nation, of the kind mentioned, was unauthorized by law, contrary to the exifting ftate of affairs, and to the inftructions heretofore given, and that the Secretary was directed to exprefs to his Excellency his expectations that it will not be undertaken; that until Congrefs has declared war againft the Creeks, all offenfive expeditions againft their towns would be unlawful, and the expenfes thereof could not be paid by the government without a fpecial provifion by law for the purpofe. By a letter dated the 22d February 1794, the Governor was informed that the Prefident confidered the body of militia, reprefented at one thoufand to twelve hundred, had been kept upon the frontiers of Georgia, during the greater part of the laft year, exceeding greatly the number, which, according to information at this office, appeared to be neceffary;—that if this number, or indeed any excefs of the force defcribed in the above cited letter of 30th May 1793, fhould be continued to be kept, the Prefident defired it might be explicitly underftood, that the General Government will not be pledged for the expenfes thereof:—that in the cafe of a powerful and fudden invafion of the ftate, fuch muft be referred to the provifions of the conftitution, and fubmitted to the confideration of Congrefs; that the one hundred horfe and one hundred foot, defcribed in the letter of 30th May 1793, might, in addition to the continental troops pofted in Georgia, be kept up, at prefent, or during any con- fiderable danger, on condition it fhould be monthly ftated to the War-Office, to be fubmitted to the Prefident, what reafons exifted for the continuance of this force, that no returns had been received of the numbers kept in fervice laft year, and if expected, that the faid militia are to be compenfated by the United States, it would be neceffary that returns, mufters and pay-rolls fhould be given to the agent of this department in Georgia, in order to fubmitting the whole cafe to Congrefs—for it was deemed that Congrefs alone were competent to decide, under a full view of the circumftances of the cafe, whether any or what proportion of the expenfes incurred, are to be defrayed by the United States. By a letter dated 14th May 1794, that the Prefident confented to certain propofitions made by the Governor relative to the protection of Georgia, fo far as to the eftablifhment of a blockhoufe every twenty-five miles of the line expofed to danger, to be garrifoned with one fubaltern, one corporal and fifteen privates of the militia, and directed the men to be engaged to the 1ft of January enfuing, unlefs fooner difcharged—the Governor was further given to underftand that the one hundred foot heretofore ordered, were to be confidered as a part of this arrangement, and that the Prefident conceived the one hundred horfe alfo heretofore allowed would be fufficient for the number of militia, no returns or mufters of the number of militia kept up laft year had been received, that when received the Prefident would impartially confider whether he could give authority to pay them, or if he could not, as was moft probable, fubmit the queftion to Congrefs. That it appears the Governor of Georgia had ordered an additional troop of horfe into fervice, commanded by captain Fauché, the adoption of which by the United States was authorifed explicitly, from the 25th July, 1794, (when it was ftated the Governor called it into fervice) until the firft of November following, in letters to Mr. John Haberfham, and major Conftant Freeman, the Agent of the War Department in Georgia; and by a letter from Alexander Hamilton, in the abfence of the Secretary of War, to the Governor of Georgia, dated the 25th September, 1794. The adoption of this new troop was authorized, from the time it was ordered by the Governor into fervice, until the 1ft of November enfuing, when it was directed to be difbanded. That from this period it does not appear that a fecond corps of horfe was ever authorized, on the contrary, that it was explicitly difcountenanced and inhibited—and that the authorifed defenfive protection of the frontiers of Georgia continued on the footing formerly eftablifhed, of one hundred horfe, one hundred foot, and a chain of block-houfes, the one hundred foot being applied towards garrifoning them. That in the year 1795, meafures began to be taken to hold a treaty with the Creek nation, and Commiffioners for the purpofe were appointed, but circumftances obliged a poftponement until the middle of May, 1796—that after the treaty, at which the Creeks agreed that military and trading pofts might be eftablifhed within their boundaries, and that all animofity for paft aggreffions fhould ceafe, the Governor of Georgia was informed by a letter, dated the 23d Auguft, 1796, that fuch an arrangement and ufe of the troops of the United States was ordered, as ought to fatisfy the Indians that their rights will be protected, and the inhabitants of the frontiers that they have nothing to apprehend; that this arrangement rendered it unneceffary to keep up the militia corps of infantry and cavalry, and in confequence, the Agent of the War Department in Georgia would be directed to fettle their mufter and pay rolls, up to the 15th September enfuing, after which they would be confidered difcharged. That it appears from a ftatement of the Agent of the War Department, that captain Fauché's troop was paid from the 25th July, 1794, the time when the Governor is fuppofed to have ordered them into fervice, until the 31ft October, 1794, inclufive; and for fubfequent authorized fervices up to the 29th February, 1796, and was not paid for unauthorifed fervices prior to the 25th of July, 1794. That captain Randolph's troop was not paid for fervices from the 13th of March, 1793, to the 1ft June, 1794, they being deemed unauthorized, but was paid for authorized fervices from the 1ft January to the 31ft December, 1795, inclufive. That captain Girardeau's troop was paid from the 29th April to the 15th September, 1796, including fo much of the time for which the petition prays a fettlement, and not for the refide, it being the date at which the troops were ordered to be difcharged. That a letter from the Agent of the War Department, dated 17th May, 1797, to the Secretary, advifed, that he did not receive a letter of the 23d Auguft, 1796, ordering him to have captain Girardeau's troop muftered to the 15th September, after which they were not to be confidered in fervice, before the 23d September; that he communicated his orders to the Governor and to colonel Gaither on the 24th September, and requefted of the latter an officer, for the purpofe of muftering the troop; that Mr. Whitney was appointed, and received inftructions; that it muft have been fome time before the neceffary letters could have reached the perfons to whom they were addreffed; that Mr. Whitney muftered captain Girardeau's troop to the 24th October, and has fince muftered them to the 31ft December, 1796. That the Secretary can find no documents to eftablifh that the fervices of the particular troops, which are the fubjects of reference, were authorized by the Prefident for the feveral periods for which they petition compenfation, except for that portion of time in- cluded in captain Girardeau's petition, viz. From the 29th April to the 15th September, 1796, and for which the troop is ftated to have been paid, he is however of opinion, that as the letter, ordering the difcharge of the latter troop, was not received by the Agent until the 23d September, fubfequent to the time at which they were ordered to be difcharged, and they could not probably be muftered before the 24th October following, that they ought and may be paid by this department to the latter date, but it is doubted whether they could be paid with propriety to the 31ft December, the circumftances inducing to the fecond mufter being unknown. That from the foregoing ftatement, which is made entirely from documents, unaided by a knowledge of circumftances attending facts which preceded the Secretary's coming into office, it would appear, that the Executive of the United States, when perfectly informed of the fituation of the frontiers of Georgia, perfifted in apportioning a given force for their protection; in difcountenancing all offenfive meafures underftood to have been contemplated, and in referring the expenfes of a much larger force to militia, called out by the Governor, in virtue, as was confidered, of the powers given to him by the conftitution, in cafe of actual invafion, or fuch imminent danger as will not admit of delay, to the provifion of Congrefs. That it is however proper to mention, letters from the Governor of Georgia, and refolves paffed at different times by the legiflature thereof, convey a ftrong conviction, that the people of that ftate did not confider the force, apportioned and authorifed for the protection of their frontiers, in any part of the period from 1792 to the latter part of the year 1796, adequate to their fecurity. That from documents herewith tranfmitted it would appear, the whole or nearly all the authorized fervices in Georgia have been compenfated by the General Government. That the unauthorized claims for militia fervices in Georgia, as far as the fame have been communicated to this department, amount to one hundred and twenty-nine thoufand, three hundred and feventy-five dollars, and fixty-fix cents; but it is fuppofed by Major Freeman, agent of the department of war for a number of years in Georgia, there may be further claims, to a confiderable amount, the mufter-rolls for which have not yet been forwarded. As the petitions to be decided upon at this time, are evidently precurfors of claims to a much larger amount for fervices ftated to have been performed by the militia of Georgia, but unauthorifed by the Executive of the United States, and the determination of Congrefs thereon, may influence or conclude the grounds of decifion in all fuch cafes, the Secretary, therefore, prays leave to reprefent the magnitude and delicacy of the principles, which, upon a due confideration, he conceives to be involved in the fubject. The conftitution of the United States exprefsly fets forth, that it was ordained and eftablifhed by the people, among other intents, "to provide for the common defence." To carry this intention into effect, it is declared by article 1ft, fection 3d, that *the Congrefs* fhall have power "to provide for the common defence"—"to declare war"—"to raife and fupport armies"—"to provide and maintain a navy"—"to make rules for the government and regulation of the land and naval forces"—"to provide for calling forth the militia to execute the laws of the Union, fupprefs infurrections and repel invafions"—and "to make all laws neceffary and proper for carrying into execution the foregoing powers." To make the protection of the whole and every part of the United States the fole duty of the general government, when informed of exifting danger, without competition or interference, by fection 10th of the fame article it takes from the feveral ftates the right, without the confent of Congrefs,—"to keep *troops*, or fhips of war, in *time of peace*, or engage in war unlefs actually invaded, or in fuch imminent danger as will not admit of delay." By article 2d, fection 2d, it determines, "that the Prefident fhall be Commander in Chief of the army and navy of the United States, and of the militia of the feveral ftates, when called into the actual fervice of the United States." And to prevent apprehenfions, or actual danger, to the ftates from the reftiction on them, not to keep troops or fhips of war in time of peace, unlefs with the confent of Congrefs, the fame article and fection of the conftitution—article 4, fection 4—which guarantees to each of the ftates a republican form of government, folemnly engages that "the United States fhall protect each of them againft invafion, and on application of the Legiflature, or of the Executive (when the Legiflature cannot be convened) againft domeftic violence." From the view of the intention of the conftitution, and of the powers vefted in the General Government, for carrying that intention into effect, exhibited by the preceding citations, the Secretary refpectfully prefumes, that the whole power of making war, and of repelling invafions, is vefted abfolutely in the General Government, fave only in the cafes, and under the circumftances exprefsly referved and excepted; that the only excepted cafes are actual invafion, or fuch imminent danger as will not admit of delay; and that from the nature of the General authority, and of the fpecified exception, the ftate authority is to engage in war- under the fpecified exception, muft be held to ceafe with the preffure of circumftances, and to continue no longer than until the power of the General Government can be fully and competently applied to the exigency. Now, as the Prefident of the United States did, in fact, apply fuch part of the force of the General Government, to the defence of the menaced territory, as from a full knowledge of all circumftances, in his judgment appeared proper, it follows, from the principles affumed, that the fpecial authority of the ftate government, was from that moment, fuperfeded, or was legitimate only, fo far as it purfued the line prefcribed by the paramount authority. Any deviation from the prefcribed limitation, after the Prefident began to act, would appear incapable of attaching to itfelf the merit and remuneration of lawful fervice. The General Government is indeed bound to provide for the general defence, and in virtue of this obligation, is bound to defray the expenfes of neceffary military preparation and equipment for the defence of any particular portion of the Union, which may be menaced or invaded. But the obligation would feem to extend only to fuch preparation as is made, or fervice rendered, conformably to the conftitutional diftribution of powers and authorities, not to gratuitous equipments, and much lefs to fuch as have been interdicted by the competent department of the Government. If the preceding citations have been well confidered by the Secretary, and the deductions therefrom juftly drawn, it muft be admitted that the General Government has, by the conftitution, full power to provide for the defence of the territory of the United States, in any part of it which may be threatened or invaded:—That the power referred to the feveral ftates applies only to the cafe of fuch particular im- mediate and preffing emergency, as will not admit of the delay neceffarily incident, on a recurrence to the Federal power:—That the referved power can therefore continue no longer than the emergency:—That the emergency can be confidered to continue no longer than until the Government of the United States has been enabled to affume the exercife of its powers for the general defence:—That, as applicable to the claims in queftion, or contemplated, the paramount and general authority having been in fact affumed and brought into action, every fubfequent exertion of ftate authority, beyond a prefcribed limit, was illegitimate and gratuitous, inducing confequently no obligation of payment on the United States. This conclufion, it is prefumed, will derive ftrength and confirmation from a confideration of the laws of the United States, connected with the fubject. By the act of September 29th, 1789, entitled "An act to recognize and adopt to the conftitution of the United States, the eftablifhment of the troops raifed under the refolves of the United States in Congrefs affembled, and for other purpofes therein mentioned," fection 5, it is enacted, "That for the purpofe of *protecting the inhabitants of the frontiers* of the United States from *the hoftile incurfions* of the Indians, the Prefident is hereby authorifed to call into fervice, from time to time, fuch part of the militia of the ftates refpectively, as he may judge neceffary for the purpofe aforefaid." This act was repealed by an act of April 30th, 1790; but the fifteenth fection of the repealing act, entitled "An act for regulating the military eftablifhment of the United States," exprefsly recites the preceding provifion, and enacts "That for the purpofe of *aiding the troops now in fervice*, or to be raifed by this act, in *protecting the inhabitants of the frontiers* of the United States, the Prefident is hereby authorifed to call into fervice, from time to time, fuch parts of the militia of the ftates refpectively, as he may judge neceffary for the purpofes aforefaid." By an act of March 3d, 1791, entitled "An act for raifing and adding another regiment to the military eftablifhment of the United States, and for making *further provifion for the defence of the frontiers*," fection 7, it is enacted, "That if, in the opinion of the Prefident, it will be conducive to the good of the fervice to engage a body of militia to act as cavalry, they furnifhing their own horfes, arms, and provifions, it fhall be lawful for him to offer fuch allowances to encourage their engaging in the fervice, for fuch time, and on fuch terms, as he fhall deem it expedient to prefcribe." And by the 8th fection of the fame act, it is further provided, "That if the Prefident fhould be of opinion, that it will be conducive to the public fervice, to employ troops inlifted under the denomination of levies, *in addition to*, or *in place of the militia*, which, in virtue of the power vefted in him by law, he is authorized to call into the fervice of the United States, it fhall be lawful for him to raife, for a term not exceeding fix months, (to be difcharged fooner if the public fervice will permit) a corps not exceeding two thoufand non-commiffioned officers, privates and muficians, with a fuitable number of commiffioned officers, &c." By an act of March the 5th, 1792, entitled "An act for making further and more effectual provifion for *the defence of the frontiers of the United States*," fection 13, it is enacted, "That the Prefident be and he hereby is authorized, from time to time, to call into fervice, and for fuch periods as he may deem requifite, fuch number of cavalry as, in his judgment, may be neceffary for the *protection of the frontiers*." By an act of May 2d, 1792, entitled "An act for calling forth the militia to execute the laws of the Union, fupprefs infurrections, and repel invafions," fection 1ft, it is enacted, "That whenever the United States fhall be invaded, or be in imminent danger of invafion, from any foreign nation or *Indian tribe*, it fhall be lawful for the Prefident of the United States to call forth fuch number of the militia of the ftate or ftates moft convenient to the place of danger or fcene of action, as he may judge neceffary to repel fuch invafion, and to iffue his orders for that purpofe to fuch officer or officers of the militia as he fhall think proper." This act was limited to two years, and from thence to the end of the next feffion of Congrefs; but, before it expired, this provifion was re-enacted without limitation, by an act of February the 20th, 1795, in the fame words. At all times, therefore, fince the 29th September, 1789, in virtue of one or other of thefe acts, has the Prefident of the United States been in full and ample poffeffion, excluftve of the ordinary regular military eftablifhment, of all neceffary power and authority to call into fervice for the exprefs purpofe of protecting the frontiers, and repelling Indian invafions actual or menaced, fuch portions of the militia as he fhould deem neceffary to the occafion. The conftitutional authority of Congrefs "to provide for calling forth the militia to repel invafions," has never been in abeyance or unexecuted; and the power of the General Government "to provide for the common defence" of the whole and every part of the United States, has been, in theory and in fact, at all times commenfurate with any emergency of the kind in queftion. The Prefident is the conftitutional organ to apply this power or any part of it as to him fhall feem proper. In the cafe under confideration, he did apply a part only, and forbade the employment of a greater force. How then can militia he did not call into fer- vice, or thofe he authorized, but afterwards ordered to be difbanded, be deemed, after the period prefcribed by him for their difcharge, as "in the fervice of the United States," *in which cafe only* they can be entitled to receive pay from the United States? From a document fubmitted, and before referred to, (a letter from major Conftant Freeman to the Accountant, dated the 13th February laft,) it would appear, although his ftatement of particular cafes is not fo circumftantial as could be wifhed, that the claims for compenfation are for fervices which occurred or commenced in 1793, a period when the power of the Prefident, as delineated in the laws, was as great, if not greater, than at prefent to provide for the protection of the frontiers; and the Secretary takes the liberty to fuggeft, that to him it does not admit of a doubt, that the power of the Prefident to call into fervice, fo many of the militia, or *fuch number*, or *fuch part* of the militia, as he may judge neceffary for the protection of the frontiers, or for repelling invafions, agreeably to the ftyle of all the acts upon the fubject, is, to all intents and purpofes, a power *to declare* the number, and confequently to limit the number to be *employed*; and that there can be no reafonable ground for faying that his authority is not as complete to *reduce* as to *increafe*, or confirm, or continue, the force engaged on fuch occafions. No difference is perceived in the law on this fubject now, and that of any former period fince September, 1789. The letter of major Freeman, and the correfpondence of the office, fhew, that reprefentations of the alarming fituation of the frontiers of Georgia in 1793, induced the Prefident to authorife the Governor thereof, to call into fervice, for a given time, at the expenfes of the Union, one hundred horfe, and one hundred foot, and afterwards to add fcouts, proportioned to a certain extent of frontier, which force he (the Prefident) believed would be equal to the protection required. That the Governor was directed to avoid offenfive operations againft the Creeks, and arms, ammunition and equipments, for the force authorized, and a much larger contemplated to be held in readinefs, although not called into fervice, were fent to Georgia, fubject to the requifition of the Governor. That the Governor however did not think proper, to obey his conftitutional fuperior, did not call out all the troops authorized, but drew out the militia to a large amount in contemplation of an expedition into the Creek country, which was not abandoned until after repeated intimations of its illegality, and the pofitive interdictions of the Prefident; and continued the whole force on the frontier for a confiderable time, at leaft until May, 1794, about which period Governor Matthews, who had fucceeded Governor Telfair, pointed out certain parties of the force employed, which were to be confidered as the troops authorized by the Prefident, and thefe have been all or nearly all paid in full. It cannot be neceffary to enter into any confideration of the wifdom, the policy or the expediency of the conftitutional rule, or of the provifions by act of Congrefs. *Ita lex fcripta eft.* It would be equally unavailing and irrelevant to difcufs the propriety of the meafures adopted by the Executive on the particular occafion: for he acted under a high conftitutional refponfibility, and in purfuance of an adequate authority. The queftion of compenfation to the unauthorized militia would feem to be of eafy folution, as between the United States and the particular State, which called its militia into fervice. As between the United States and the individual militia man, it may feem to prefent more difficulty, and yet perhaps the fame anfwer may apply, becaufe the claim of the individual can only be founded on his having been "in the actual fervice of the United States," becaufe every citizen is bound to know and to refpect the conftitution and the laws; and becaufe the facts which have been exhibited fhew, that the fervices rendered, were called for by the executive of the ftate, under the conftitutional provifion, to which the Executive of the United States could alone reforf, and actually did refer the proceeding. The power exercifed by the Governor derived from this fource, was uncontrolable in its commencement, but if the pofition be true, that it applies only to the cafe of exigence, or imminent danger admitting of no delay, and could exift no longer, than until the paramount authority of the General Government was called into action, then it would feem, that all fervices rendered after the Executive of the United States, if the State, had declined to authorize it, and not only fo, but reiterated its prohibition of employing more than a limited force, were not rendered in the employment of the United States. And may not the Governor's exercife of his conftitutional power be referred from the firft, to a high refponfibility, and if improperly exercifed, his conftituents be involved in the fame? The Governor is a chofen functionary of a ftate. The conftitution of its firft article, when it reftricts a ftate from the right, without the confent of Congrefs, "to keep troops or fhips of war in time of peace, or engage in war, unlefs actually invaded, or in fuch imminent danger, as will not admit of delay," gives by implication the right to a ftate, in cafe of *actual invafion* or *imminent danger* not admitting of delay, "to keep troops, fhips of war, and engage in war, in time of peace," that is, when war has not been declared by Congrefs—but defignates no organ, by which the ftate is to act. Whatever functionary the ftate fhall act by in fuch prefumed cafes, the ftate would feem refponfible for, and a difcretionary power fhould ever be reftrifted by the rules of found reafon. Another ftate of facts might furnifh fome better ground, for the claim of the individual—if the Prefident had devolved his whole authority, on the Executive of the ftate, or the militia commander of the expedition, limited only by confidential orders or inftructions. If contrary to thefe orders and inftructions, the commanding officer kept up the whole force that had been, by the Prefident's authority, placed originally under his command, notwithftanding directions to difband a part thereof, or the whole—If the fervice was actually performed under an officer to authorize—If no fpecific portion or corps of the levies or militia, were directed to be difbanded, but the order was merely to difband a certain number, and to continue a certain number in fervice, and if under fuch circumftances, the whole were neverthefefs kept in fervice, the Secretary certainly fhould, in fuch cafe, think that the whole ought to be paid by the United States, under a conftitutional provifion, and that refponfibility fhould attach on the officer alone, and on thofe who neglected, or diffobeyed the orders of the Prefident, becaufe the individual militia-man could not juftly be referred to the fource, but only to the channel of authority, becaufe it would be impoffible to fay what individuals fhould be admitted to, and who fhould be excluded from compenfation, and becaufe, from the nature of military fubordination, there would, under fuch circumftances, be no protection for the individual, againft the penalties of difobedience, to his immediate military fuperior. But it will be feen, that the ground or fupport of this latter conclufion, does not apply to the unauthorized fervices now in queftion. The Prefident never devolved a general authority, to call out the militia, when he might judge circumftances required, upon the Governor of Georgia: he vefted him only with a fpecial authority, to call out a limited number of horfe and foot, and authority, to call out to be put under the direction of a continental officer—he reftrifted him to the exact number, and when a greater number were known to have been employed, he referred the employment of them, to the Governor's refponfibility—and the conftitutional powers vefted in him, in cafes of actual invafion or fuch imminent danger as would not admit of delay, exprefsly advifing him, that fuch a fituation of things could alone juftify his meafures. Although the general theory of the conftitution, and the laws as heretofore ftated, is fuppofed to be inconteftible in an abftract view, to wit, that the power referred to the ftates, cannot be legitimately exercifed, even in cafes of invafion, or fuch imminent danger thereof, as will not admit of delay, longer than until a recurrence can be had to the authority of the Prefident, and until he can apply his powers, for the defence of the country, to the particular exigency: yet embarraffment may feem to occur in applying this general theory to particular cafes, and efpecially when the claims are to be determined on the application of the individual foldier for his pay—This embarraffment the Secretary prefumes, may arife from a confideration of the power which each refpective ftate has, to provide for its own immediate protection and defence, by calling out its own militia, in the cafes fpecified in the conftitution—and of the rule which pervades all the laws, that the militia-man fhall be paid, "when called into the actual fervice," or "while employed in the actual fervice of the United States." It may be faid that no rule or principle, has been devifed, for referring to any other authority, than the ftate itfelf, to determine, what particular combination of circumftances, fhall conftitute a cafe of imminent danger, and that the militia called out by the ftate fo circumftanced, under the conftitutional provifion, muft be deemed to be in the fervice of, and entitled to pay, from the United States. That from the neceffity of the cafe, the ftate muft determine in the firft inftance, and that there is no power to revife or controul its decifion, fo as to annul what is has conftitutionally done. That the power itfelf is founded in ftrong expediency, particularly in relation to Indian hoftilities, which are not governed by any of the eftablifhed rules of warfare, are for the moft part fudden in their defign and execution, and always break out in ftates remote from the feat of the General Government. That the ftate has an authority which it may exclufively exercife in the firft inftance, according to its difcretion, and to fulfil the intention for which it was referred to it, may even after a reference to the Executive of the Union ftill exercife it, whenever future intelligence or indications of increafed hoftile preparations, imminently threatening the fafety of its citizens, and too great to be repelled by the force ordered by the Prefident, fhall make it neceffary. But it fhould be recollected, that this power or authority of the ftate, is a referved power, and as fuch fhould be ftrictly conftued; that among individuals this is always the cafe; that it cannot be allowed to interfere with the duty of the General Government, or releafe from, except in cafes of manifeft neceffity, general reftriftion intended for the welfare of all the ftates in the Union, and without which, that harmony, and mutual dependence, which gives ftrength to the whole, would not exift; that by the conftitution, which is a compact of every citizen with the whole community—"No ftate fhall, without the confent of Congrefs, keep troops or fhips of war in time of peace, or engage in war *unlefs actually invaded or* in fuch imminent *danger, as will not* *admit of delay*"—that the power given by thefe words, is evidently reftrifted, or in other words, it is given upon conditions, and only in cafe of certain events or a given fituation of things occurring, that when properly exercifed, it is to affect all the other ftates, and all the citizens of the Union, by the expenfes it will occafion—and that as in the cafes of compacts among individuals, the other parties muft reafonably have a right of enquiring whether the authority, by the exercife of which they are to be affected, had actually accrued, whether the events upon which it was dependant, had happened, and of refufing, if the events had not happened, to participate in its expenfes. To apply the laft obfervations to the cafes of claims for militia fervices in Georgia, for the period before ftated, it will be neceffary to repeat that no proof of invafion, or of fuch imminent danger of invafion, as would not admit of delay, by any Indian nation, has been produced by the Executive of Georgia at any time—that the correfpondence of the War Department within the period in queftion, exhibits ftrong evidence, that the communications to the Executive of the United States evinced nothing more, than indications of predatory incurfions, by detached Indians, and by no means a general, or national combination to invade the ftate of Georgia—that fo informed, the Prefident applied fuch a force, as in his judgment was fufficient to refift predatory incurfions, and advifed and took meafures, for preventing and preparing the militia in general to meet a more formidable thing, but not to call them into immediate fervice. That the Governor of Georgia, while the proper functionary of the General Government was actually exercifing his powers according to his judgment, and the demand of the exigency, undertook without confulting the Prefident, to order out large bodies of militia—That by the correfpondence of the War De- partment it fufficiently appears he did not even advife the Prefident of the meafures he had taken, but that being advifed of them from other quarters, the Prefident wrote to the Governor, that the meafures he had taken, and the great number of troops he had called into the field, could only be juftified, by the powers vefted in him by the conftitution, in cafes of invafion, or imminent danger thereof, not admitting of delay, and expreffed a hope, that as foon as the apprehended danger was over, the troops would be reduced to the limited number he had in his judgment, thought to be fufficient for the defence of the frontiers. That it alfo is evident from other letters to the Governor, and the ftatement of Major Freeman, that the intention of the numerous troops called into the field, was to attack fome of the Creek towns, and that this intention was pertinaciously perfifted in, until the Prefident informed thereof, pofitively prohibited the meafure as unconftitutional, unlefs Congrefs had declared war. The calling out of militia, for the purpofes of attack, is manifeftly not within the referved power of a ftate, and no circumftances have been prefented to them, that attack in the then exifting fituation of things, could have been confidered, as it fometimes has been, a neceffary defenfive meafure. From what precedes, and a full reflection upon the claims for unauthorized fervices, depending upon the prefent determination of Congrefs, the Secretary cannot refrain from faying that his mind is impreffed with the opinion, that no incidents or occurrences of fufficient magnitude had happened, within any part of the period ftated, to juftify the exercife by the Governor of Georgia, of the power referred to the ftates—no *invafion* took place, nor did there exift "fuch imminent danger as would not admit of delay"—the danger was in fact reprefented to the Prefident, and he actu- ally provided againft it by directing fuch a force to be employed, as he thought neceffary for the purpofe, and fuch preliminary meafures to be taken as would enfure a greater when circumftances fhould require it. That the conduct of the Governor evinced a peremptory and fyftematic difregard of the Prefident's orders, and interference with his functions, not juftified by emergency, and perfevered in during a long period, obvioufly predicated on an opinion, that the Prefident had infufficiently provided, not for a cafe of *imminent and fudden danger*, but either for a *regular* and *permanent* defence, or as is very probable, for a meditated attack upon the Indian territory, and that he (the Governor) had a right to affume authority to make a more adequate provifion for fuch permanent defence, or meditated attack. That fuch conduct was a manifeft and flagrant violation of the conftitution on the part of the Governor of Georgia, and was not in its commencement, or outfet, fuch an exercife of the power referred to the ftate, of engaging in war, in cafe of imminent danger, as can at all bring the militia called out by his fole authority, within the predicament of having been called into, or employed in the actual fervice of the United States. The interdiftion of the conftitution is two-fold: Firft, the ftates fhall not keep troops in *time of peace*, without the confent of Congrefs. Second, they fhall not engage in war, but in certain excepted cafes. If the Georgia militia who claim compenfation, were called out in the firft inftance againft a poffible or diftant danger, it was unconftitutional according to the firft branch of the prohibition, and can unqueftionably form no legitimate bafis, for a demand of pay from the United States, and if they were called out with a view to offenfive operations, it was equally unlawful, infamuch as no imminent danger appears to have exifted which would not admit of delay, and in truth the danger which actually threatened was by the proper authority and paramount authority to the extent which was by that authority judged neceffary. In a word, no circumftances applicable to the unauthorized militia of Georgia within the period mentioned, appear to the Secretary to afford a ground for compenfation, to which the general government ought to accede, but on the contrary to afford every ground for with-holding remuneration. The Secretary apprehends that the award of compenfation by Congrefs, to the militia who ferved under General Sevier, on an expedition from the South Weftern Territory againft the Creeks, and Cherokee Indians, in the year 1793, and a like award to the militia who ferved under Major James Ore, for fervices performed in the year 1794, againft the Lower Cherokee Indians, may be urged as precedents, for allowing the claims of the unauthorized militia of Georgia. In his mind, however, very diftingufhing circumftances are prefented, fufficient to take from thefe cafes, any fuch authority as precedents, and any applicability to the Georgia claims. The colonial connection of the South Weftern Territory with the United States, at the period the fervices under General Sevier and Major Ore were alledged to be performed, forms an effential feature of diftinftion. At that time the South Weftern Territory poffeffed no independent abftract authority, fuch as is referved exprefsly or impliedly to the feveral ftates by the conftitution. The Governor and Secretary of that Territory were appointed by the Prefident of the United States, and therefore every thing done by the command or authority of the Governor or Secretary of that Territory, who thus derived their powers and appointments, might juftly be deemed as done under the authority of the United States. The inhabitants knew no other fovereignty—there was indeed a local adminiftration, but that adminiftration derived its authority from the United States. Major Ore's expedition was ordered by General Robertfon, who commanded in the Mero diftrift, and held his commiffion from the Prefident, and therefore the authority of the United States over the militia of that territory was prefumed to be exercifed through him. In this cafe, however, the appropriation feems to have paffed without oppofition. It is alfo believed, that in the determination of neither of thefe cafes, was any reference had to the fecond article of compact, between the original ftates and the people and ftates in the faid territory, made unalterable, unlefs by common confent, and inferted in the ordinance for the government of the territory of the United States, north-weft of the river Ohio, which is deemed to be equally obligatory upon the people of the South Weftern Territory, and contains thefe words, "The utmoft good faith fhall always be obferved towards the Indians: their lands and property fhall never be taken from them without their confent; and in their property, rights, and liberty, they fhall never be invaded or difturbed, unlefs in juft and lawful wars, *authorized by Congrefs*." This is mentioned to fhew that Congrefs probably acted from motives of expediency folely, in their proceedings upon the cafes mentioned. Another confideration applies to General Sevier's expedition. The Prefident at that time had actually authorized a levy of militia for the defence of the territory, leaving the numbers and the command, and the difpofition of the force to the Governor, interdifting only any irruption into the Indian country. There was therefore no queftion whether the militia were law- fully called into fervice by the authority of the United States, when affembled under this call, in the *actual fervice of the United States*, and therefore entitled to be paid. When in the field under a regular authority, they certainly could not be held individually accountable for the direction their commanding officer gave to the force under his command, or for the conformity of his proceedings to his inftructions. The objeftion reported to Congrefs by the Secretary of War was grounded on the direction of the force being contrary to the Prefident's inhibition, but circumftances fufficient appeared to Congrefs to excufe the deviation from the letter of the Prefident's orders, and beneficial refults were ftrongly urged to juftify the grant of compenfation. As the preceding cafes, from their difference in effential features, and the relative fituation of the parties, and the omiffion in their determination to inveftigate any conftitutional queftion, are fuppofed to afford no precedent in the cafes from Georgia, fo neither does the Secretary fuppofe they can derive any fupport from the allegation that rations were iffued to the men by the continental commiffaries, unlefs it can be fhewn that orders were given for the purpofe with the confent, knowledge and approbation of the Prefident. The payment of intereft upon certificates irregularly iffued by an executive officer, without the function of any order or refolution of Congrefs, has been decided not to confer validity upon a claim originally deftitute of it, any more than like payments of intereft by the miftake of public officers, upon counterfeit and forged certificates, could give validity to thofe of the latter defcription. And between individuals, the payment of intereft by an agent upon the *prefumed*, but not real obligation of his principal, has never been held to give validity to fuch an obligation. "The fame rules of right which govern cafes between individuals, muft appear to be the proper guides in cafes between the public and individuals." The Secretary has delayed his report on the fubject of thefe claims, in the expectation of being able to give an extended and correct view of their *whole* magnitude by the receipt of mufter rolls ftated by major Freeman to be not yet forwarded—he has been difappointed. The exhibition he has prefented of the principles conceived to be involved in the fubject, he believes to be enjoined by duty. And whatever may be the prefent determination of Congrefs, he prefumes to fuggeft the propriety, and even indifpenfable neceffity of a legiftative provifion:—That whenever in future any ftate under the powers referred to it by the conftitution, calls its own militia into fervice, the troops thus called into fervice fhall be paid directly by the ftate, and that the United States, if the exercife of the referved power was regular and proper, fhall re-imburfe the ftate all lawful expenditure on this account. Such a legiftative provifion would give to future queftions certainly great difficulty in refifting a demand for the pay of an individual in the prefent ftate of the law on this fubject. The Houfe of Reprefentatives on the eleventh, and the Senate of the United States on the twelfth of February inftant, referred alfo a new petition from Jonas Fauché, in behalf of himfelf and the officers and foldiers of a troop of militia dragoons, formerly under his command, praying for compenfation for fervices from the 23d of April, 1793, until the 10th of May, 1794, a period fhort of that for which compenfation is prayed by the former petition. Thefe petitions the Secretary takes the liberty to apply to the foregoing Report, which is intended to comprehend all the un- authorized fervices of the militia of Georgia, from 1792, to the year 1796 inclufive. All which is moft refpectfully fubmitted. JAMES M^cHENRY, SECRETARY OF WAR. WAR DEPARTMENT, *February 20th*, 1800. --- COPY. PHILADELPHIA, *13th February*, 179[9]. SIR, IN compliance with the requeft contained in your letter of the 19th of laft month, I make the following ftatement of facts relative to the militia claims of the ftate of Georgia, which have been heretofore denominated unauthorized. The alarming fituation of the frontiers in 1793, induced the Prefident of the United States to authorize the Governor of Georgia to call into fervice, at the expenfes of the Union, one hundred horfe and one hundred foot; and fcouts or fpies in proportion of two to every ten miles of the extent of the frontier. (1) Several detachments of militia dragoons had been called into fervice in 1792, and paid by the United States. (2) It was, however, fuppofed the force now (1) Letter of the Secretary of War to the Governor, 30th May, 1793. (2) Commanded by Captains Fauché, Barnett, Phinizy, Charles Williamfon and Melton. contemplated would be equal to the protection required: And the Governor was directed to avoid offenfive operations againft the Creek Indians. The arms and ammunition for the dragoons, and arms and ammunition for the militia, were fent to Georgia, fubject to the orders of the Governor. (3) Mr. Telfair, who then prefided in that ftate, did not think proper to call into fervice the troops authorized by the Prefident, but had drawn out the militia for the protection of the frontiers; on my arrival in Augufta (September, 1793) I found him ferioufly occupied in making preparations for an expedition into the Creek country; which he fuppofed himfelf authorized to do upon fome expreffions in a letter to him from the Secretary of War, dated the 10th of June 1793, but another letter which I handed to him, written in July, put a ftop to this bufiness. (4) I was afterward directed by the Secretary of War not to concur in any arrangements at the expenfes of the United States, which the Governor might choofe to make for the purpofe of invading the Creeks. (5) About fix hundred militia were calculated to be in fervice this year, but I could never afcertain the numbers accurately; as I neither received returns, nor mufter-rolls, although I had furnifhed the Governor with the neceffary forms. (6) And Colonel Gaither, the commanding officer in that ftate, did not fuppofe he fhould be juftified in directing an officer under his command to mufter the militia, unlefs he fhould be firft informed upon what authority they had been call- (3) Letters of the Secretary of War to Major Forfyth the 29th April, and to the Governor 30th May, 1793. (4) My Letters to the Secretary of War of the 4th and 11th September, 1793. (5) The Secretary's letter to me, 5th September, 1793. (6) My letters to the Secretary of War, 21ft October and 31ft December, 1793. ed into fervice, and fhould receive inftructions from the War-office for the purpofe. (7) The militia therefore were not muftered. The force was continued on the frontiers; and it was not until the 8th May 1794, that I received any correct information on this fubject: Governor Matthews then wrote me that, the troop commanded by Captain Armftrong were to be confidered as the hundred horfe, and certain militia polls on the upper frontier as the hundred foot: thefe have been in part paid agreeably to the eftimates tranfmitted to your office. (8) I was ignorant of what might have been the total number of militia in fervice—it was faid that at one period twelve hundred drew rations of provifions from the United States. It is certain the number greatly exceeded what had been contemplated by the Prefident. (9) In anfwer to the feveral communications I had made to the Secretary of War, relative to militia affairs, I received orders to tranfmit to the War-office the mufter and pay rolls for thofe who had been in fervice, in order that they might be fubmitted to Congrefs. (10) In confequence thereof I directed the pay-mafter of the militia not to receive, or examine, any rolls for fervices performed after the 31ft March 1794, as I fuppofed the Governor had received, about that time, his letter from the War-office of the 22d February; the periods were afterwards extended to the 10th May for the upper, and to the firft of June for (7) My letters to the Secretary of War, 21ft October and 31ft December, 1793. (8) Letters of the Secretary of War to the Governor and John Haberfham, Efq. 22d February 1794. (9) Letters of the Secretary of War to the Governor and to myfelf, 22d February 1794. (10) Letters of the Secretary of War to the Governor and myfelf 22d February 1794. the lower counties. (11) It is therefore to be underftood that all the militia fervices performed in Georgia in the year 1793, and to the periods before mentioned except the hundred horfe, hundred foot and the fpies, for which appropriations have not already been made, are termed *unauthorized*; becaufe they exceeded the numbers limited in the letter of the Secretary of War, to the Governor, of the 30th May 1793. On the 7th of November 1794, I tranfmitted to your office the Eftimate No. 1, accompanied with one fet of the mufter and pay rolls: I refer you to my letters to the Secretary of War, and to your predeceffor, of that date, for the fulleft information upon this fubject. The receipt of the rolls was acknowledged by the Accountant on the 19th of December 1794. As the Eftimate No. 1, I did not comprehend all the militia claims, other mufter and pay rolls for fimilar fervices were received by the pay-mafter. On the 27th February, 1796, the Eftimate No. 2, was tranfmitted to your office; and the receipt thereof acknowledged on the 8th April, 10th and 17th of June. I now fubmit to you two other Eftimates, No. 2 and 3, thefe four contain all the claims for unauthorized fervices which have been received either by the pay-mafter of the militia or myfelf, to the 12th September, 1798, except fome rolls which have been returned to be corrected, particularly for fervices performed in Wafhington county, under the command of captains Shepherd and Hampton. There are alfo fome to be expected from the counties of Chatham, Effingham, Burke, Columbia and Elbert. The Accountant informed me that the Eftimate, No. 1, had been fubmitted to the Secretary of War, (11) My letter to the Secretary of War, 7th November 1794. and he required explanations relative to the fervices which had been performed. (12) He farther requefted me to obtain from the Governor a certificate that the militia were called into fervice for *defenfive* operations. (13) Thefe inquiries are fully anfwered in the Governor's letter to me of the 8th of May, a copy of which I tranfmitted to the Secretary of War on the 23d June, 1795. It does not, however, appear that General Knox made any report to Congrefs upon this Eftimate; probably the information required from the Secretary could not be obtained before he refigned the office of Secretary of War. You alfo informed me that you had reported on thefe claims, and fubmitted them to the Secretary of War; and that a decifion might be foon expected. (14) The Secretary, in his letter to me of the 6th Auguft, 1795, writes, that "The large Eftimate for fervices about which my predeceffor doubted I have looked into and will immediately farther examine. From the complexion of the claims connected with the Governor's certificate, in his letter of the 8th of May laft to you, and which I received enclofed in my letter of the 23d of June, I am inclined to think they muft be, at leaft, generally admitted." Whatever is to be done about militia arrears fhall be "in a few days determined." Unfortunately, the peculiar fituation of the government, about that period, engrofed the whole time and attention of the Secretary, who left the Department of War before any decifion could be made. Nothing farther has been done, to my knowledge, relative to this bufiness, excepting that on the 8th (12.) His letter to me, 10th December, 1794. (13.) His letter to me, 12th March, 1795. (14.) Your letters to me, 31ft December, 1795, and 8th January, 1796. March, 1797, I accompanied Mr. Baldwin, member of Congrefs for Georgia, on a vifit to the Secretary of War, to whom I explained the nature of the claims: It is probable that had not the Secretary been engaged in more weighty concerns, that he would have reported thereon to Congrefs. Independent of the prefs of bufiness, another caufe has operated to retard a decifion:—fince the Eftimates were tranfmitted two Secretaries have left the War Department. It is proper to obferve that the citizens of Georgia never thought the force authorized by the Prefident adequate to the protection of the frontiers; as may be feen in the reprefentations made from the Governors of that ftate to the Secretary of War. And the General Government have from time to time made appropriations for extra bodies of troops for this fervice. The periods within which thefe unauthorized claims are made, are particularly marked in the hiftory of that ftate for mifunderftandings between the Creeks and the frontier fettlers. There were faults on both fides. The Indians were continually ftealing horfes, murdering and doing other injuries to the inhabitants, who in retaliation made incurfions into their country. Such were the Oakmulgee expedition under general Twiggs in June 1793, (15) which confifted of about feven hundred and fifty horfe and foot; the deftruction of Oakfufkee village by colonel Melton in September, who had under his command about eighty-eight officers and men; (16) the detachment of one hundred and twenty-five men, who marched under the orders of major Brenton againft the Little Chehaw village, on Flint river, (17) and feveral of lefs note (15.) The Governor's letter to me, 8th May, 1795. (16.) My letters to the Secretary of War, 2d and 21ft October, 1793. (17.) My letter to the Secretary of War, 5th November, 1793. which were made by volunteer parties of militia. It has been fuppofed that thefe expeditions have no objections to admitting the militia claims. (18) Although thefe might have been irregular, it is certain that fome of the detachments who were then in fervice afforded great fecurity to the peaceable inhabitants on the frontiers. (19) The militia have been induced to believe they fhould be paid, becaufe the Executive of Georgia conceived himfelf authorized to call them into fervice. The feeming acquiefcence of the Prefident to the meafure, expreffed in the letter of the Secretary of War to the Governor of the 10th June, 1793, and the opinion of the Head of the War Department on their claims in his letter to me of the 6th Auguft, 1795, have confirmed them in this belief. They have alfo been encouraged to expect fomething would be done in their favour by their delegation in Congrefs. It has been fo long fince their claims have been fubmitted, that many have fold them to individuals, who have purchafed them upon fpeculation. However, there were feveral officers who, in the fulleft confidence of being paid, became refponfible to merchants in Savannah and Augufta for clothing, and other neceffaries, which they furnifhed to their men. (20.) If thefe claims fhould be rejected, thefe gentlemen will be greatly embarraffed, as they will be compelled to pay the debts for which they have given fecurity. It is to be underftood that the fervice performed by a troop of militia dragoons, fome time in 1793, (18.) Letter of the Accountant to me, 12th March, 1795. (19.) See the Accountant's letter to me of the 27th Auguft, relative to a claim of captain Randolph, and my anfwers of the 15th October, and 7th November, 1794. (20.) The petitions of Captain Fauché and others, now before Congrefs.