Hof R. & Sen.] On Drawback Duties.-Georgia Militia Claims. of the landing of the goods in a foreign country-that on which alone the right to the repayment of the duties is founded; that fact is directed to be prov d by specified evidence, in order to avoid the forfeiture of the debenture bond; yet if that evidence cannot be procured in the mode prescribed, and the Secretary is convinced there is no design to defraud, he may, and he every day does cancel such bonds. What reason, then, can be given, for allowing the authority in the most extensive case, and refusing it in the most restricted; for allowing it in cases where, if he is imposed on, great loss may be incurred to the revenue, and denying it where there can be none. Mr. L. said, as the Representative of an important commercial city, some of whose respectable merchants had already incurred losses for want of the enactment of a law like the present, and where all, even the most prudent, were not secure from similar accidents, he felt himself constrained to make the observations he had offered, and which he hoped might show the propriety of negativing the amendment. Mr. FOOT replied, that he had no objection to the object which gentlemen wished to obtain by this bill. But he thought the bill went much further than the attainment of this object. It would operate virtually as a repeal of our whole system of laws with respect to drawback. Mr. F. argued from the language of the bill, that it would place in the Secretary of the Treasury, if not the formal power of legislation, at least the power of deciding whether the law shall be obeyed or not. It allows the entries to be made at any time after shipment; it assigns no limits for the time, not even the limit of a year, as is required by the present law. But if the bill must pass, let us require at least, that the oath must be taken. We then have evidence that it was the intention of the merchant that the goods should not be relanded. Mr. M'LANE, of Delaware, (Chairman of the Comnittee of Ways and Means,) stated, that that committee ad long had that subject under deliberation; that he had himself had frequent conversations with the Secretary of the Treasury in relation to it, and that the bill was now brought forward with the design to prevent the waste of the time of this House, as well as to promote the benefit of the person in whose favor it was to operate. He concurred in the sentiment that the amend ment would defeat the bill. [FEB. 11, 14, 1825. a subordinate officer, will you refuse to the head of the Department a power which relates merely to form? It has been a mere oversight in the law not to make this provision. The House need entertain no fear that laxity will arise in the revenue laws. It is the interest of the merchant to take the oath, and to give the bond within the time prescribed by law. The present act imposes upon him a great burden, and one which he will always be glad to shun when it is in his power. The question was then taken on Mr. FOOT'S amendment and lost. Mr. FOOT, of Cond. then moved to amend the bill, by inserting, after the word “entry," the words "within thirty days." He protested against the idea of his being an enemy to merchants, (it would be strange if he were, after spending half his life in mercantile pursuits,) but he thought that this House should not only look to the mer cantile community, but was also bound to guard the Trea sury. He felt great confidence in the honor and honesty of American merchants, but this ought not to induce us to remit any thing of the strictness of our revenue laws. Honest men would not object to these guards, and rogues needed them. The effect of his amendment would be to extend the time of entry from twenty days, as it now stood, to fifty. He approved the object of the bill, and only wished to guard against fraud. Mr. WEBSTER thought there was no necessity for the amendment, but that the subject might safely be committed, as all the other branches of the act were, to the discretion of the head of the Treasury. Mr. M'LANE and Mr. FOOT made a few more remarks in explanation, when the amendment was lost, and the bill ordered to be engrossed for a third reading. And the House adjourned to Monday. IN SENATE-MONDAY, FEBRUARY 14, 1825. War, with a report to him by the Chief Engineer, of the I herewith transmit a report from the Secretary of examination which has been made by the Board of Engineers for Internal Improvements, in obedience to their instructions, of the country between the Potomac and Ohio rivers, between the latter and Lake Erie, between Mr. M'L. stated that the bill did not dispense with any the Raritan, between Buzzard's and Barnstable bays, and the Alleghany and Schuylkili rivers, the Delaware and of the ceremonies at present required by the revenue the Narragansett roads and Boston Harbor, with explan laws. It left these wholly untouched, but it supposed atory observations on each route. From the view which that, through accidental and unavoidable causes, a per- I have taken of these reports, I contemplate results of son, equitably entitled to drawback, may have innocent incalculable advantage to our Union, because I see in by omitted some of them. He brought forward and en- them the most satisfactory proof, that certain impedi forced the argument which had been urged by the gen-ments, which had a tendency to embarrass the intertleman from Louisiana. The bill only proposes to change the tribunal, to which the applicant must appeal, and to substitute, in the room of this House, the Secretary of the Treasury. He put the case of an individual who is entitled to receive 1000 dollars drawback; he must come to this House with all his witnesses--he must attend from day to day on committees-before he gets through, it will cost him 1000 dollars, and, after all, the House will really decide upon the word of that committee, and not upon its own knowledge; and, in truth, it was extraordinary that the provisions now proposed, had not been made long since. In many cases, the giving bond within twenty days, is a mere form. In West India voyages the goods are often landed within that time. The substance of the requisition was, that the goods should be landed in a foreign port, and that the certifi On motion of Mr. TATTNALL, of Georgia, the House cate of this should be produced before any debenture then took up the report of the Committee on Military was given: unless this was forged, there could be no Affairs, adverse to the Georgia Militia Claims; and the danger of fraud. Yet, it was a remarkable fact, that this question being on recommitting it to that committee essential proof might be dispensed with by the Comp-with the following instructions: troller of the Treasury. While such a power is given to i be removed without serious difficulty, and that facilities course between some of its most important sections, may may be afforded in other quarters, which will have the happiest effect. Of the right in Congress to promote these great results, by the appropriation of the public them, having already communicated my sentiments fulmoney, in harmony with the states to be affected by ly, and on mature consideration, I deem it unnecessary to enlarge at this time. JAMES MONROE. Washington, Feb. 14th, 1825. "To report a bill making an appropriation for the pay ment of the Georgia Militia Claims for the services rendered in the years 1792, 1793, and 1794 the appropriation to be conformed to the report of the Secretary of War, made to this House upon the subject of these claims in the year 1803, and to embrace each class of claims respectively, as described by that report:" Mr. TATTNALL of Georgia, observed, that, although the grounds of the claim, now under consideration, had been already fully presented to the view of the House by one of his colleagues, during the present session, yet, as some weeks had since elapsed, it was perhaps necessary again to recapitulate them. He should, therefore, in as brief a manner as possible, proceed to do so. From the documents which have been furnished, it appears, said he, that the facts connected with this case, are, that, in the years 1792, 3, and 4, the militia of Georgia were called out for the defence of the frontier against the hostilities of the Indians; that these militia were called out, in some instances, under the exercise of discretionary power by the Executive of that State; that the Federal Executive, at some moments, gave his express sanction to the exercise of such power; but, at other moments, seemed inclined to limit the extent of the force to be employed in defence; that, hence, some doubts arose as to the liability of the General Government to pay for all services to the extent to which they were rendered; that, subsequently, when the original liability of the General Government seemed to be conceded, it was contended that a stipulation contained in the "Articles of agreement and cession," entered into between the United States ad Georgia, in 1802, was intended to embrace this claim, and that, therefore, the General Government is at this time fully discharged from its previous obligation. This, sir, will be deemed to be a fair and frank statement of the facts of the case. To determine the question of liability on the part of the General Government, we are naturally led to inquire, first, whether the Governor of Georgia, was, under the circumstances, acting under the express, or necessarily implied sanction of the General Government; for, if so, the liability, originally, of the General Government to pay for the services rendered, will be conceded. But, if this is found not to have been the case, we are, secondly, to inquire whether the circumstances were, of themselves, such as to authorize the Governor, under the constitution of the United States, to act as his discretion might point out. If both, or either of these positions be settled in the affirmative, it only then will remain to inquire whether the clause in the instrument just alluded to, was intended to embrace this particular case, and thereby to free the General Government from a liability, previously existing, to pay for the militia services rendered by Georgia. [H. of R. " country. But, from the circumstances of the late depredations on the frontier of Georgia, it is thought expedient to increase the force in that quarter for defensive purposes. In the letter of the 10th June, 1793, from the same individual, there is this remarkable passage :— "The State of Georgia being invaded, or in imminent danger thereof, the measures taken by your Excellency may be considered as indispensable. You are the judge of the degree of danger and of its duration, and will undoubtedly proportion the defence to the exigencies.The President, however, expresses his confidence, that, as soon as the danger which has induced you to call out so large a body of troops shall have subsided, you will reduce the troops to the existing state of things, provided the safety of the frontier will admit the measure.' And so threatening did the Secretary of War seem to regard the danger that he even supposed the militia of Georgia might not be competent to the defence of the State, and therefore authorized the Governor to apply to the Executive of South Carolina for aid. He, at the same time, addresses a communication to the Governor of South Carolina, of which the following is an extract: "The President of the United States has received authentic information from Georgia, of the unprovoked and cruel outrages of parties of Creeks upon the frontiers of that State; and, as it is at present uncertain to what degree the evils complained of may be extended, the President has directed me to request your Excellency, that, in case the frontiers of Georgia should be seriously invaded by large bodies of hostile Indians, you would, upon the request of the Governor of said State, direct such parties of the militia of South Carolina to march to the assistance of Georgia as the case may require, for the expenses of which the United States will be responsible." Surely, sir, this ought to convince every one that the General Government considered the situation of Georgia as seriously alarming, and that it was inclined to repose every degree of confidence in the discretion of the Governor of that State. The Governor of South Carolina is requested to comply with his requisition—and here, sir, I would put it to the candor of my honorable friend from South Carolina, the Chairman of the Military Committee, to say if such requisition had been made, and if the Governor of South Carolina had complied with it, could he have felt himself authorized to refuse to pay the troops for their services? This is, perhaps, sir, very much of an argumentum ad hominem, but my friend must excuse me here for it. The case is a simple one; the Federal Government authorize the troops to be called out if necessary-prescribe that necessity to be judged of by the Governor of Georgia-the Governor of Georgia makes the requisition upon the Governor of South Carolina, and the requisition is obeyed. Could he, could any one here, refuse to pay for the services of these troops? and, if not, in the name of conscience, how can we refuse to pay for the services of the troops of Georgia? Does the mere fact of their being Georgians make so material a difference? If the Governor of Georgia could call out, at his own discretion, and without beIn the letter from the Secretary of War, dated Octo-ing dependent at all upon the discretion of the General ber 27, 1792, the hostile disposition of the savages is spoken of, and in it is this passage: "If the information which you may receive, shall substantiate clearly any hostile designs of the Creeks against the frontiers of Georgia, you will be pleased to take the most effectual measures for the defence thereof, as may be in your power, and which the occasion may require." In the letter from the same individual, dated 30th May, 1793, the Governor is restricted (from considerations of foreign policy) to defensive operations, but is authorized to increase the force. The following is an extract from it :"From considerations of policy, at this critical period, relative to foreign powers, and the pending treaty with the Northern Indians, it is deemed advisable to avoid, for the present, effective expeditions into the Creek First, then, did the General Government afford its sanction in a manner which would authorize the calling out of the militia by the Governor of Georgia? Now, this is to be determined only by a reference to the documents before us, but I have no hesitation in saying that such sanction was given. Government at a distance, the troops of another state, surely, a fortiori, he must have had a similar and co-etficient power over those of his own state. In a letter, dated 19th February, 1794, from Governor Mathews to the Secretary of War, he protests against the orders restricting him to operations of a character strictly defensive. He urges most strongly the necessity of his being permitted to pursue the savages into their own country-to follow them, like wild beasts, to their dens, as the only possible means of completely effecting the security of the frontier. He also proposes a plan of defence, by erecting block-houses along the whole extended frontier line. Now, sir, this complaint proves that Governor Mathews considered himself as acting under the orders of the General Government, and the H. of R.] Georgia Militia Claims. [FEB. 14, 1825. government at a distance, cannot be a competent judge. This in fact is frankly and readily conceded by the General Government; for the Federal Executive, in a letter addressed to the Governor of Georgia says:-" You are the judge of the degree of danger, and of its duration, and will undoubtedly proportion the defence to the exigencies." And, in another letter, addressed to the Governor of South Carolina, that officer is expressly referred to the Governor of Georgia, as the proper person to determine when any auxiliary force should be ordered out from South Carolina. The reason is clear: he is on the spot, and is, therefore, alone competent to deter. mine so important a matter. adoption of a part of his proposed plan of defence, (as appears in the Secretary of War's letters to him of the 25th March, and 14th May, 1794,) shews that the Executive of the United States continued to lend his sanction to the services of the militia. These documents, without going further, clearly shew that the Governor of Georgia was vested with discretionary power, adapted to the exigency. This power he exercised; and that it was correctly exercised, may be inferred from the readiness with which the agent furnished rations. These were paid for by the General Government, and that, too without any expression of censure upon him, for affording them. Is not this a conclusive fact, that the militia were properly called out and held in service? They were Of the existence of imminent danger on the frontiers of supplied with arms by the Federal Government-they Georgia, we can easily convince ourselves, by casting onwere regularly mustered into service, and were furnish-ly a hasty glance upon the communications of Governors ed (as I have said,) with rations. These facts appear Telfair and Mathews, and, also, of Col. Freeman, the palpably in the documents before us, and it is unneces- Agent of the War Department, and of other individuals, sary for me to weary the attention of the House, by read- also, in that quarter, many of them United States' Miliing them in detail. tary Officers. I will briefly refer to parts of these. And It appears, then, that the General Government did here, sir, I will remark, that the situation of Georgia can authorize the Governor of Georgia to order out troops at easily be conceived. With a frontier of near 400 miles, Jus discretion; and, although in one instance, the Ge-lined with numerous savages of the most warlike and neral Government seemed inclined to withhold its sanc- furious character, and with a sparse population, her detion in future, yet, upon the remonstrance of the Govern- fenceless and exposed situation can easily be imagined' or, he is again assured that he is considered the compe- The letter from the Governor of Georgia to the Secretent judge of the extent of the danger. Subsequently, tary of War, dated 22d of May, 1792, gives intimation of indeed, i. e. in 1794, the number of troops is limited by the hostilities of the Creeks and Cherokees, and urges an order from the General Government, and the disband-" exertions towards a general defence." To shew, howment of those whose services were not deemed requisite, ever, that these apprehensions were also entertained by was (as Captain Freeman, the agent of the War Depart- the United States Military Officers, I will cite the letter ment, acknowledges,) effected as soon as possible. The of Maj. M'Call, dated 15th of June, 1792, in which he situation of the frontier had, however, unquestionably not only acknowledges the danger, but also says, he has then became changed. All active hostility on the part found it necessary to call out a portion of the militia in of the Indians had ceased, and even a disposition to hos- his vicinity. A letter, also, from Andrew Pickens, dattility was scarcely manifested. The peace, too, which ed 12th September, 1792, states, that a general war was soon after took place between France and Spain, and expected; and a letter from Captain R. B. Roberts, also which must have been anticipated by our Government, of the army, expresses great anxiety and the necessity removed one great exciting cause of Indian hostility. of the militia being called out "immediately and in But, it is worthy of observation, that as late as 1795, one force." Maj. Gaither, commanding the United States twelvemonth after the militia (the pay for whose services troops in Georgia, informs the Governor that be, also, is now claimed) are disbanded, the Governor of Georgia has found it necessary to call out the militia to his aid.is notified by the Secretary of War, that 200 regulars With such sanction as this-with the countenance of are about to be sent to the St. Mary's River, for the pur- every United States officer in the State, the Governor pose of keeping the Crecks in order. So large a force would have been wanting in diligence and in fidelity, being deemed necessary at one single point, at a time could he have hesitated a moment. Our frontier was of comparative peace, would seem to prove that, if the streaming with the blood of women and children-our Governor of Georgia had erred at all, it was in not having outer settlements were abandoned in dismay by the inordered out a much larger force. Sir, this was the opi- habitants, and the Governor could not hesitate how to nien expressed in Georgia, as appears by Col. Freeman's act. correspondence. The force to be employed, in defence, was not merely But, even taking it for granted, that no express or ne- to be measured by the numbers of the enemy, (and cessarily implied sanction of the General Government, these were not few, for they were composed of the two was afforded, still the second point which I have made powerful tribes, the Creeks and Cherokees,) but, also, will fix a liability to pay for these services, upon the by the difficulty of guarding an extensive and naked General Government: for, secondly, the circumstances frontier. The whole force called out, never, at any one were, of themselves, such as to fully authorize the Go- period, amounted to more than from ten to twelve hunvernor (under the Constitution of the United States) dred men, and it is absurd to suppose that this could have to act as his own discretion might point out. And here, been disproportioned to the magnitude and pressure of sir, I would remark that this clause in our Constitution, the danger. When it is recollected what forces were which recognizes the exercise, by a state authority, of deemed necessary to subdue a part only of these very a discretionary power, in times of imminent danger, is tribes, within a very few years past-when it is recolmerely affirmative, or declaratory of a right which the lected that large armies from Tennessee, North CaroliGod of Nature has given to every man, and which ne- na, South Carolina, and Georgia, aided by several regicessarily belongs to every community-which no law ments of regular infantry, were required, at this late pecan take away, and which might have been exercised riod, to bring but a portion of these tribes, impaired in the particular case before us, under the supposed has been their population, into submission, it may well state of things, even if the General Government had be conceived what difficulties and what dangers the expressly forbid its exercise. I would also add, that, young and thinly populated State of Georgia had to conex natura rerum, the individual threatened with immi- tend with. With but a handful of United States' troops nent danger, must be the judge of the force which it is to aid them, the militia of Georgia, at that early day, necessary for him to use, and the manner in which it is to were required, by the General Government, to defend be applied to secure safety to himself. Those who are her whole frontier. The imminence of the danger is present are alone able to determine the nature and ex-apparent from the many letters upon your files-the extent of the danger. An individual at a distance, or a tent of it no man can doubt, who has read the history of ! our late war in that quarter. There are other communications on this subject, among the documents, but which I think it unnecessary to allude to. The General Government, indeed, seems to have had but little doubt upon the subject, for it never hesitated to furnish arms, ammunition, and supplies, of every description. In regard to the pay alone was there any hesitation. This hesitation was, evidently, partly produced by the want of regular muster-rolls, and of the Governor's certificate of service-both of which were subsequently furnished; and, in fact, this House would not now have been troubled with the consideration of this subject, had not the mind of the War Department (according to the account of its own agent) been employed at that moment so much by more weighty matters as to prevent any attention to this. I will read an extract from Colonel Freeman's report, which has an important bearing upon this question. He, it will be remembered, was present in Georgia, was acting there as the agent of the War Department, and must have been privy to every fact or occurrence of consequence. [Here Mr. T. read an extract from Colonel Freeman's report to the Secretary of War, stating, in substance, that the Governor was required to give a certificate before the troops could be paid; that they were, in conformity with the orders of the government, employed merely in defensive operations; that the War Department was about admitting and paying these claims, &c.] [H. of R. strument was formed for the purpose of ceding a large portion of the territory of Georgia, for certain valuable considerations, such as the payment of upwards of a million of dollars, and the extinguishment of the Indian title to her remaining Indian territory, at the cost of the United States. Mr. Lincoln, in a letter dated December 30th, 1803, rests his objection to the payment of these claims upon that clause of the instrument which I have just recited, and which states that 1,250,000 dollars are to be given by the United States to Georgia, "as a consideration for the expenses incurred by the said state in relation to the said territory." Now, sir, notwithstanding this gentleman deems it necessary to travel dehors the record, in order to obtain what he considers the proper construction, I think we shall, in accompanying him, still come to the inevitable conclusion, that this instrument has no more bearing upon these claims than the Koran has. Mr. Lincoln had been one of the Commissioners on the part of the United States, in framing these "Articles of Agreement and Cession." He was, also, at the time he gave his opinion Attorney General of the United States, and was, besides, a gentleman of acknowledged high respectability. His opinion, therefore, had he given it in positive language, would have been entitled to confi dence. But, sir, his opinion is entirely argumentative, and rests upon mere supposition and very imperfect recollections. It is not given even with any degree of In regard to these claims, Mr. Pickering, then Secre- confidence. He sees very indistinctly the grounds upon tary of War, writes, August 1795, to the agent of the which it is based. In fact, sir, he moves in a fog from War Department, in Georgia, as follows: The large the beginning to the end of his letter. He says, “Havestimate for services, about which my predecessor ing no authority to determine whether the consideradoubted, I have looked into, and will immediately further tion for the expenses incurred by the State of Georgia, examine. From the complexion of these claims, con- in relation to the ceded territory (as expressed in your nected with the Governor's certificate, which I received first question) ought to be so construed as to include an enclosed in your letter of the 23d of June, I am inclined allowance for the defensive operations carried on by the to think they must be generally, admitted." Here, then, Executive of that State, under the sanction of the Genethis officer, after having examined the nature of these ral Government, in the years 1792, '3, and '4, I can only, claims, and their extent, says, "they must be generally in compliance with the request of the honorable Comadmitted," to use his own words. And again, in a sub-mittee of Claims, state to them my private ideas and resequent communication to the same officer, he goes fur- collections on the subject." And what, pray, are these ther, and says, "Money for paying the Georgia militia is private recollections ?" I have said they were imperpreparing to be forwarded. No delay will take place fect. Take his own words for that matter. After statthat is avoidable," &c. ing that these very claims were, he thought, spoken of, Mr. Pickering's standing is well known, and his opin-at the time of forming the "Articles of Agreement and jon, thus expressed, will, I am confident, have weight.-ession," by the Georgia Commissioners, he acknowI think, sir, from the hasty view which I have presented, ledges (and I will add in a manner honorable to him my second position may be deemed fairly established. from its candor) as follows:-"I have not been able to viz: that the circumstances were such as fully, of them- recollect the precise words which either party made us☛ selves, to authorize the Governor to order out the militia, of on this occasion, and therefore cannot now say that even without the express sanction of the President. The my impressions were correct." Now, sir, what does the immense extent of the frontier, the sparse state of the other United States' Commissioner, Mr. Gallatin, say? population, the number and ferocity of the savages, the Why, that he recollects nothing at all about the matter. horrid murders of the inhabitants, the frequent depreda- One witness, then, called to explain the meaning of an tions upon our settlements, are matters spread perfectly instrument, says he knows nothing about it, and the before our view in the documents upon our tables. other, that he believes it means one thing; that this beThat man must be a sceptic indeed, who can doubt of the hef is founded on his recollections, and that those recolnecessity for the steps taken by the Governor for delections are imperfect! On the other hand, opposed to fence! 66 Mr. Lincoln's imperfect recollections of the matter, we The original liability of the General Government be- have the positive assertions of the Georgia Commissioning then considered established, the mind of the House ers. Mr. Lincoln's letter gives no fact. He merely inwill be directed to the ground upon which has princi- fers that this debt to these militia claimants must have pally rested the objection to pay the amount claimed by been alluded to, from the fact of his not recollecting the citizens of Georgia, viz: that it was embraced in a what other debts of the State of Georgia could have clause in the "Articles of Agreement and Cession," en- been alluded to. The Georgia Commissioners, on the tered into between the United States and the State of contrary, are perfect in their recollections and positive Georgia, in 1802, which clause provides for the pay-in their statements. They are not driven to the neces ment of 1,250,000 dollars, “as a consideration for the ex-sity of arguing upon the subject. They have a distinct penses incurred by the said state in relation to the said ter- recollection; Mr. Lincoln has none. I will read their ritory," alluding to the territory ceded by Georgia, and certificate, and will add here, that the standing of these now forming the states of Alabama and Mississippi. two distinguished individuals is familiar to all of our oldNow, sir, we deny that these words can have a bear-er members in Congress. [Here Mr. T. read the certi ing upon the claim which is now before us. The "Articles of Agreement and Cession" had nothing to do with these militia claims of the citizens of Georgia. This in ficate of Messrs. James Jackson and Abraham Baldwin, which, in substance, stated that the claims of the militia of Georgia during the years 1793, '3, and '4, never were estimated by them as any part of the consideration mo- | [FEB. 14, 1825. portions of the common country. she had indeed to meet the danger, to bear the brunt of the war. 'Twas she indeed that heard the yell of the savage, and felt the blow of his tomahawk; but, in the name of justice, add not to her calamities the burthen of the expense of her defence. To sum up my views upon this subject in a few words: I would observe, in conclusion, that the General Government gave its sanction, the documents fully prove; that the Governor could have acted without this sanction, is evident from the situation of the Georgia frontier; that the force ordered out by him was not disproportioned to the magnitude of the danger, is apparent, when we look at the extent of the frontier to be defended, and when we have the General Government's own estimate of the danger, which supposed it not unlikely that the militia of Georgia might be inadequate to the defence, and that it might become necessary to look to South Carolina for aid; and when it is recollected that the whole force (never exceeding from 10 to 1200 men) employed at any time, must have been far, very far indeed below the disposable force of Georgia alone, and that it was certainly a mere petty detachment, when compared with the immense regular and militia forces employed in the Creek nation alone during the late war. That the “Arcles of Agreement and Cession" had nothing to do with their claims for services, is manifest from the phraseology of the instrument, even independently of the positive assertions to that effect, of the Georgia Commissioners, and that, consequently, the General Government has no plea for refusing to discharge them. Sir, I repose with confidence, in the justice of this House, and f trust that the time has, at length, come, when the state of Georgia is no longer to be found knocking at your doors for the humble pittance due to her citizens for services rendered to the General Government. Mr. FORSYTH wished distinctly to understand the ground on which the claim had been resisted by the Committee on Military Affairs. Mr. HAMILTON (chairman of that committee) in reply, called for the reading of the report of the Military Committee in 1802, of the Committee of Claims, and also of the Military Committee of last session. It has been sometimes asked, if these claims for militia services were not intended to be embraced by the clause of the instrument relied upon for the support of Mr. Lincoln's opinion, what "expenses" of so great magnitude, could have been meant? I confess, sir, I agree with my colleague, that this is a question which we are not bound to answer. It is quite sufficient that we show the claims, now under consideration, were not alluded to; and this is clearly demonstrated, not only t by the phraseology of the instrument itself, but also by the positive and solemn attestations of the two Georgia commissioners. But it happens to be in our power to satisfy gentlemen, even on this point. The state of Georgia had, previous to the adoption of the Federal Constitution, incurred very heavy expenses in the defence of her territory, of which the lands ceded by her to the United States formed a part. An instance has been already cited by my colleague, where she was saddled with a considerable debt, for services rendered by her militia. These services unquestionably were the militia services, which Mr. Lincoln says, were spoken of by the Georgia commissioners. This fact is clearly demonstrated by a reference to the acts of the Legis lature of Georgia. In the year 1787, three thousand men were directed to be raised for the defence of the state against the Indians. In the same year, another act was passed, giving to the officers and soldiers composing this force, near 2,000,000 acres of land, to be located in the western part of the territory, then in the occupation of the Indians, and subsequently ceded to the U. Mr. MALI.ARY, of Vermont, observed, that this subStates. Upon the subsequent cession of this territory,ject had been before ongress in different forms, since the Legislature of Georgia consented to pay a commutation price of two shillings and sixpence per acre. Now, sir, as this ceded territory, without some arrangement specially in regard to it, would have passed into the hands of the Government of the United States, cum onere, it became necessary that the General Government should remove the embarrassment, by stipulating the It is alleged by the claimants, that they were called payment of a sum of money to satisfy the claims of the ci- into the military service of the United States during the tizens of Georgia. I would also add, that,besides this large years 1792, 1793, and 1794, to defend the Western bounty of land, (the commutation price of which was up. frontiers of Georgia, against invasion by the Indian wards of a million of dollars,) the state of Georgia incurred tribes. It is admitted on all sides, that the service was the additional expense of paying these troops, of clothing performed in the most energetic and patriotic manner. them, and supplying them with arms, ammunition, and That there now remains due about one hundred and rations; and, in short, she had to encounter all the ex-forty thousand dollars. More than thirty years have pense incidental to an army in the field. These few re- elapsed since the Georgia soldiers were entitled to remarks will suffice to show, that other expenses than muneration. Their rights have been evaded so long, those supposed by Mr. Lincoln were had in view in the that they have almost lost the power of exciting any ininsertion of this clause in the "Articles of Cession." terest in their favor. But it is not too late to perform an act of justice to those who may survive, or the descendants of the defenders of the state. The fact is, sir, the state of Georgia never conceived the possibility that she would be made liable for these claims. She never considered herself as having "incurred any expense" in the unfortunate Indian war alluded to. She formed a part of the Union, and was entitled to protection from the Union. She was indeed the part most seriously wounded by the savage incursions, but was, (as her Governor Mathews styles her,) a picket" or outpost for the other and more interior [These reports were read accordingly.] Mr. H. then, in a few words, stated the views of the committee in rejecting the claims. he became a member. From the anxiety with which it was urged, on the part of its friends, and the constant indecision of the House, he was induced to give it a particular examination, so as to be prepared to act decisive. ly upon it. He would endeavor to be as concise as possible in the views he should present to the House. Mr. M. said, he would ask the particular attention of the House to the inquiry, by what authority were the citizens of Georgia called into service? Was it by orders emanating from that state, or from the Government of the Union? If it was derived from the General Government, it must of necessity be responsible. The documents before us afford conclusive evidence |