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SOUTHERN
RECORDER.
I
V
VOL. I.
MILLEDGEVILLE, TUESDAY, APRIL 4, 1820.
No. 8.
PUBLISHED WEEKLY,
(on Tuesdays)
BY S. GRANTLAND tf R. M. ORME
Air THREE DOLLARS, IN ADVANCE, OR
FOUR DOLLARS AT THE EXPIRATION
or THE TEAR.
Advertisements conspicuously iuser-
tedat the customary rates.
SEMINOLE WAR, &c.
CONGRESSIONAL REPORT.
HOUSE OF REPRESENTATIVES, Feb. 26.
Mr. Stores handed in the following Re
port:
The committee appointed, on the 10th
day of December Inst, to inquire and report
to the House of Representatives whether n-
ay of the public monies appropriated by
Congress for the pay and subsistence of the
regular army of the United States, since the
4th day of March, 1815, have been applied
to the support of any army or detachment
of troops raised without the consent of the
House or the authority qf Congress, respect
fully Report:
That, oo the 11th day of January, 1818,
colonel David Brearly, of the 7th regiment
of the United States’ infantry, who was a-
bout to proceed from Hartford, in the state
of Georgia, to the Creek Agency, on public
service, was, by order from Major General
Edmund P. Gaines, authorised to receive in
to the service of the United States not ex
ceeding five hundred Indians of the Creek
Dation ; and should they volunteer their ser
vices, to muster, inspect and provision them,
and direct their march to Fort Scott. In o-
bcdiene.etothi* order, colonel Brearly, short
ly after his arrival at the Agency, proceeded
to fulfil the intentions of the commanding
general. The necessary measures were ta
ken for aaaembling the warriors of that tribe;
and it being ascertained, that nearly the
whole effective force of the nation would
consent to serve, arrangements were made
hr mustering them into service and organiz
ing them. These arrangements were, that
the whole force war to be denominated a re
giment, to consist of eighteen companies, to
'be officered according to the regulations of
the army of the United States, that William
M'lntosh, the principal war chief of the na
tion, should tank aa full colonel, and the two
chiefs, George Lovett, and Noble Kennurd,
as majors, This arrangement was commu
nicated to general Gaines, then at Hartford,
who approved of the proceeding of colonel
Brearly, informing him by a letter of the
29th day of January, 1818, that he would
cheerfully accept the services of all the In
dians who might be disposed to join him,
which dupositisB colonel Brearly was direc
ted to encourage as far as practicable. Pur
suant to these instructions, one thousand five
hundred and thirty-seven warriors were
mustered into the service of the United
States on or about the 24 th day of February,
1818, and served until the early part of the
months of May thereafter. Including Onir
Haujo, a chief of the Creek nation, and se
venty-five warriors, who h'ad been mustered
Into service on the 6th day of December,
1817, the whole number of Indian forces em
ployed during this period amounted to one
thousand six hundred and thirteen men.—
William M’lntosh held the rank of brigadier
genera], and received in that capacity, one
hundred and four dollars per month pay, se
venty-two dollars per month for subsistence,
forty dollars per month for forage, and forty-
two dollars and twenty-seven cents per
month, allowauce for eervants; having re
ceived, for two months and fifteen days ser
vice, from the 14th day of February to the
9th day of May, 1818, the sum of six hun
dred and forty-five dollars aud seventy-two
cents. George Lovett, Noble Kcnnara, Sa
muel Hawkins, and Blue, were assign
ed to the rank of majors, in which capacity
they served from the 24th day of February
until the 11th day of April, when, the Ame
rican army under the command of major-
general Andrew Jackson, then having arriv
ed near to Suwaney river, after the capture
of Fort St. Marks, in the Spanish province
of East Florida, Lovett and Kcnnard were
promoted to the rank of full colonels, and
Hawkins and Blue to the rank of lieutenant
colonels, in which capacities they respective
ly served until they were discharged from
service. These persons received for their
services during these periods the full allow
ance made for pay, subsistence, forage, and
servants, to officers of the like rank in the re
gular army. The vacancies occasioned in
the regimental field and staff by these pro
motions, were, on t he 12th day of April,
1818, partially filled, by the promotion to
the rank of majors of two chiefs, John Bar
nard and — Mattey, who had served as
captains from the 24th day of February un
til that time. The general field and stiff fur
ther consisted of one assistant adjutant-ge
neral, who received per month 60 dollars
pay, 24 dollars for subsistence, 24 dollars for
forage, and 58 dollars and 18 cents allowance,
for servants. Four assistant commissaries
of purchases were also appointed, who, re
spectively, received salaries at the rate of
thirteen hundred dollars per annum. In ad'
uition to these, £8 captains, 28 first licuteR
ants, and 28 second lieutenants, were ap
pointed ; the whole force having been divided
into 28 companies. These officers were, at
the first organization of the corps, appointed
7 7® Creek natibn of Indians, unacr the
sanction of the commanding general. By
what authority the original arrangement for
the organization was changed, me rank of
several of the chiefs raised, and an additional
number of field and staff officers appointed,
’■>e Committee have not been able, conclu-
7 e 'y. t° ascertain; but as these various
ransactions appear on the regular pay rolls
the corps, which have been passed to the
credit of the officer who made tho disburse
ment, and have been recognized at the War
department, it is presumed, that they must
»iT' occurred with the sanction of some
I utilic agent. The promotions, which took
E r a f7 Hr Suwaney river on the 12th day
April 18i 8, were made by order of major-
Genetal Jackson.
TV sums paid to these Indian forces, for
vices, amount to thirty thousand
one hundred and twenty-seven dollars and
forty-nine cents, including the sum of three
thousand five hundred and forty-eight dol
lars and forty-eight cents, paid to the Gene
ral Field and Staff. To ascertain out of
what fimd these disbursements were made,
a letter was addressed to the Second Audi
tor or the Treasury, in whose office these
accounts were audited, which, with his an
swer thereto, dated on the 14th ultimo, is
submitted with this report. By this com
munication it appears that it became ques
tionable out of what fund these forces were
to be paid; but, after examination, it was
concluded by the secretary of the war de
partment, for the reasons stated in the said
letter, to carry the expenditure to the charge
of the appropriation made by the Congress
for the pay of the army of the United States,
for that year.
For the purpose of determining with
certainty, by what authority these forces
were raised, the secretary of the war depart
ment was requested to furnish to the commit
tee “copies of any orders (if any such exist
ed) which might nave issued from the war
department” to the commanding officers of
the southern division of the army “by virtue
of which” these Indian forces were “ raised,
officered, and taken into service.” The an
swer of the secretary of that department,
dated on the 22d ult. referring the commit
tee to the documents therein stated, contains
all the information relating to the subject of
inquiry existing in the. ,‘ar department. Af
ter careful and deliberate examination of
these documents, the committee cannot dis
cover that any orders whatever are therein
contained, which, by the most forced or ar
tificial construction, could be deemed even
to imply an authority from the war depart
ment to muster into service, organize, or em
ploy, the Indian forces under the command
of William M’lntosh and the chiefs of the
Creek nation. The. papers referred to con
tain no orders whatever addressed to general
Gaines, and only one bears date previous to
the issuing of the orders by that officer to
colonel Brearly for employing the Indian
warriors. Tins order is addressed to major
genera! Jackson, and, so far as this commu
nication and the answer of general Jaekson
thereto, of the 29th day of January, 1818,
furnish any aid to this branch • 'the enquiry,
it is strongly to be inferred, that the em
ployment of these forces was neither in ac
cordance with the views of the war depart
ment, nor justified by any existing necessity.
In the communication of the secretary of
war to general Jackson, of the 20th day of
December, 1817, directing him to assume
the command of the forces employed in the
icinity of Fort Scott, against the Seminole
Indians, lie was informed that “ the regular
force now there was about eight hundred
strong,”and “one thousand militia of the
state of Georgia were called into service;”
“ that general Gaines estirnatedthe strength
of the Indians at twenty-seven hundred.”—
The answer of general Jackson to ttiCWur
department, of the 26th January, 1818, in
formed that department, that “the troops
assembled on the southern boundary, rein
forced with the Tennessee volunteers called
into service,” would enable him “ to inflict
speedy and merited chastisement on the de
luded Seminoles.” These Indian forces
were not mustered into service until the 24th
day of February thereafter. lit the judg
ment, therefore) of the commanding officer
of the southern division of the army of the
United States, the addition of this 'extraor
dinary force of sixteen hundred and thirteen
Indian warriors, was not deemed necessary
to the execution of the orders which had
been issued for “ a speedy and successful
termination of the Indian war. In confir
mation of the opinion that the employment
of these forces was viewed in that light by
the commanding general, the committee sub
mit, with this report, the proceedings of a
court martial, convened by his order, for the
trial of colonel David Brearly, who was ar
rested on tire application of general Gaines,
on charges of allcge.d neglect of duty, in not
forwarding certain supplies from the Creek
Agency, destined for the use of the troops
of the United States, and Georgia militia,
stationed near the Chehaw village, and at
Fort Scott. To these charges exhibited by
general Gaines was added, by order of ma
jor general Jackson, a charge of“unmilitary
conduct,” under which was specified an al
leged offence, “ that the said colonel David
Brearly did, in the month of February or
March, 1818,musterinto the service of the
United States a large body of Indian war
riors, at or near Fort Mitchell, thereby con
suming a large quantity of the supplies laid
in and destined for the relief of Fort Scott,
and to furnish the Tennessee volunteers,”
which act is therein alleged to have “tended
manifestly to the injury of the service.”
After an investigation of several days, Col.
Brearly was honorably acquitted of all the
charges preferred against him. The com
manding general, by an order of the 5th day
of August, 1818, approving the sentence of
the court on this specification, observed,
“that they had, from the documents produc
ed, properly found him not guilty, as it ap
peared from General Gaines’s letter, hearing
date 29th January, that he was ordered to
accept all the Indians that might be dispos
ed to join him. Notwithstanding the com
mission of this act, so “manifestly” injurious
to the service, was thus directly traced to
the superior officer of colonel Brearly, no
proceedings have been since instituted to fix
the responsibility of the alledged offence on
the officer from whom the order emanated.
The committee further report, that it ap
pears from the documents to which they
have been referred hy the letter of the se
cretary of war, of the 22d ult. that major
general Andrew Jackson having been direct
ed by that department, on the 20th day of
December, 1817, to assume the command of
tho forces in the vicinity of Fort Scott, was
ordered to call on the Executives of the ad
joining states, for such additional militia
force of the said states, as he should deem it
requisite to raise for tbe execution of his or
ders, tp terminate the conflictthen commenc
ed with the Seminole tribe of Indians. In
stead of obeying this order, he proceeded to
dated on the 11th day of January, 1818, the
aid of one regiment only, to be composed of
one thousand men, was requested. At a
meeting, however, of the citizens who were
to command, as officers, this corps of levies,
on the 19th day of January thereafter, gen
eral Jaekson accepted the services of two
regiments, to be raised by voluntary enlist
ments, which were accordingly assembled
together, consisting of one thousand two
hundred and eighty-six citizens of those
Mates, who were organised ns auxiliaries,
into an army of mounted gun-men. The
organization of the officers commanding these
regiments was made under the authority and
sanction of the commanding general, and
consisted of one assistant adjutant general,
one assistant inspector general, one assistant
deputy quarter master general, one judge ad
vocate, one chaplain, two colonels, four lieu
tenant colonels, four majors, four adjutants,
one forage master, one assistant forage mas
ter, two surgeons, four surgeons’ mates, two
quarter-masters, amLeight non-commission
ed staff. To this organization of the gener
al and regimental field and staff, were added
twenty captains, twenty first lieutenants,
twenty second lieutenants, eleven third lieu
tenants, and seventeen cornets. The addi
tional lieutenant colonel and major to each
regiment was made in consequence of an
agreement for that purpose originally made
hy general Jackson. The ruinous tenden
cy of these unauthorized proceedings is for
cibly illustrated by the fact, that, on the as
sembling of these forces for the purpose of
being mustered into service, at Fayetteville,
they brought with them into camp no less
than forty captains. The reason given hy
the inspector general of the southern division
of the army, who mustered them into ser
vice, by order of general Jackson, for ap
pointing an extraordinary number and grade
of compnny officers, appears in a letter ad
dressed to the secretary of war, hy that offi
cer, of the 9th of February, 1818. In this
letter colonel Hay ne chscrv es, that to “ merge
the lesser fractions into the greater, arid thus
amalgamate them into single companies, to
cut down captains, to leave out subalterns,
and yet to satisfy and secure to us nil tho
men, has lieen a very difficult task indeed.—
To effect this object, I have been obliged, in
number of cases, to give an additional lieu
tenant and cornet to the companies.” On
the assembling of these troops, general
Jackson proceeded to direct the disposition
for their use of the funds placed in the hands
of the regularly appointed officers of the ar
my of the United States, imposed on major
Fannin, of the corps of artillery, the tempo
rary duties of deputy quartermaster general,
and vested him with authority to draw on
the quartermaster general for any addition
al sums wanted for supplies. To facilitate
their march, he also authorized the inspector
general of the southern division of the army
to draw either on the secretary of war or on
the quartermaster general at Fort Scott, for
such funds as might be found necessary.—
These troops, thus mustered into service,
and organized, served from the 81st day of
January, 1818, until ihe 251 h day of June
thereafter, and have received from the pub
lic funds the pay and allowances mudu to the
pilar armies of the nation.
The committee further report, that two
companies of rangers, under the command of
captains Boyle aud Gist, consisting of about
one hundred and forty-fivernen, were called
into service by order of ma jor general Jack-
son, during the Seminole war. It does no!
appear that these forces were mustered into
service pursuant to any requirement on any
civil or executive officer of any state or ter
ritory. By the letter of William W. Bibb,
governor of the Alabama territory, dated on
the 15th day of April, 1818, it appears that
at that date he was “ignorant of the views of
the government with respect to Florida,”
that lie “knew not the orders which had
been issued to general Jackson,’’and that he
was “not acquainted, in any degree, with
the arrangements on the part of the United
States for prosecuting” the war against the
Seminole Indians. The gnawer of the se
cretary of war to governor Bibh, communi
cating the information of those arrangements
in reply to his enquiries, was transmitted
from the war department on the 13th day of
May, 1818. No muster or pay rullsof these
forces have yet been received at the war de
partment, and no documents can be furnish
ed in the public offices, hy which the num
ber of these forces, the period of their en
listment or discharge, the mode in which the
appointed, ..
satisfactorily determined. The communi
cation addressed to the committee by the
secretary of war, on the 19th inst. contains
all the information existing in the war de
partment relativoto these companies of rang
ers. The object for which these forces
were raised, appears in the letter of general
Jackson to the war department, dated on the
2d day of June, 1818, and the inst ructions
issued to them were to scour the country
between tile Mobile and Apalachicola rivers,
exterminating every hostile party who should
dare to resist, and would not surrender, and
remove with their families above the 3lst de
gree of latitude. Excepting this letter, the
only information relative to these forces,
winch exists in the war department, is found
in tile papers referred to in the letter of the
secretary of war of the Kith inst. From
them it appears, that captain John B. Hogan,
paymaster of the 4th regiment of infantry,
was directed by colonel King, on the 18th
day of September, 1818, to prepare an esti
mate for the amount of funds necessary to
pay them off. This estimate is submitted
with this report, and it appears thereby, that
the sum required for this purpose amounts
to nineteen thousand eighthundred and sixty-
seven dollars and ninety-two cents, including
eight thousand five hundred and sixty-three
dollars, for pay, seven hundred aud twenty
dollars for subsistence, and ten thousand five
hundred and eighty-four dollars allowance
for the use and risk of horses.
These various forces, forming no part of
the military establishment of the United
States authorized by Congress, and not hav
ing been called into service by virtue of any
jaw providing for calling fortli the militia of
the people of the states of the several states, the committee, in ohedi-
Tennessee and Kentucky, hy circular letters, ence to the resolution of the house, which
urivatclv addressed to individual citizens of I has imposed on them the duty of reporting
his own selection. In this circular address,' whether any of the appropriations for the
pay and subsistence of the regular army of
tho United States have been applied to the
support of anyarmy or detachment of troops
raised without the consent of this house, or
the authority of Congress, deeming that on
the preservation of the constitutional powers
of Congress the chief security of the people
of these United States against all encroach
ments on their liberties must for ever de
pend, and thatontbe firmness, independence,
and fidelity of their immediate representa
tives, they justly rely for the protection of
the solemn trust confided to their charge, do
unreservedly express to the house their
opinion, that the levying of these forces,
their organization and employment in the
public service, was in violation of the consti
tution of the United States, and a dangerous
infringement on the powers of Congress.
To attempt seriously to establish by ar
gument, that Congress alone possesses the
power to raise armies, instead of partaking
of the nature of the enquiry how extensive
the breach sustained by the constitution has
been, would rather imply that it might be
doubted whether we have any constitution
at all. In no instance of the delegation of
sovereignty to the federal government have
the people manifested greater caution and
wisdom, than in confiding to their immedi
ate representatives the exercise of this pow
er, which, above all others, is susceptible of
tbe most alarming abusrs in every govern
ment. The experience of all nations had
uniformly taught them, that their only secu
rity from violence and rapacity was to be
found in the careful restraint of its exercise.
In the elective franchise an adequate reme
dy was provided for the redress of most of
those abuses which originate from the temj>-
tations of avarice and tne love, of power; but
they well knew, that whenever their liber
ties should be directly assailed, the physical
force of the government alone could be re
sorted to, for the successful accomplishment
of the designs of ambition. The'Unlimited
power of supporting any military establish
ment whatever is denied, even to Congress;
and the term of appropriations for this ob
ject has been wisely restricted to the consti
tutional period of service of the members of
this house. So highly fraught with danger
has the raising of troops, and their mainte
nance, been considered, that, except in time
of war, actual invasion, or imminent danger,
these powers have been withheld from the
state legislatures; sovereignties, w hose juris
diction are more comprehensive and indefi
nite than any known to our institutions.—
To levy armies, without the authority of
Congress, is, therefore, to substitute the ar
bitrary pleasure or caprice of individuals, in
the place of the national will, and to violate
all those securities which the people have
provided for theirsafety.
The nature or character of this assump
tion of power derives no exemption from the
application of these principles, by reason of
the particular description of the forces ori
ginally called into service by general Gaines,
and subsequently commanded by general
Jackson. As lawfully might a commanding
officer in the army, of his own authority, re
ceive into the service of the. United States,
as auxiliaries, the forces stationed in the
neighboring provinces of Great Britain, as
to embody and organize into regular armies,
and associate with his command, the Indian
tribes residing within our jurisdictional limits.
In relation to forces of this latter descrip
tion, tbe constitution hag heretofore received
a pract ical exposition from Congress; which,
whether w e consider the perio'd of its enact
ment, or the character of the distinguished
patriot and statesman, from the history of
whose administration this illustration is de
rived, is entitled to the greatest considera
tion and respect. So clearly does it seem to
have been at that time considered, that the
tower of employing Indian forces in the pub
ic service, even for the protection of the
frontiers, had not been vested even in the ex
ecutive department, that, in the act entitled
“An act making further and more effectual
provision lor the protection of the frontiers
of the United States,” approved on the 5th
day of March, 1792, it was found necessary
to derive tout power from the authority of
Congress; ; nd the President of the United
States was, by the 15th section of the said
act, authorized by Congress to employ, in
the public service of the nation, that descrip
tion of forces, in case he should deem tne
measure to be expedient. This act was re
pealed by Congress, and the authority, thus
conferred, ceased on the 3d day of fllarch,
1795.
The appointments of the officers of this
corps of Indians, and the promotion* which
took place by order of Gen. Jaekson, were
also, in tbe opinion of the committee, an in
fringement on the powers confided to the
Executive of the United States and the Sen
ate. It is scarcely more titan to repeat a
mere political truism, to say that the exer
cise of all power whatever, not derived from
the will or the people, is not only in itself
unlawful, but contrary to the fundamental
principles of every free government, and
the orderly administration of its public con
cerns. The declared will of the nation has
entrusted to the President and Senate alone
the power of appointment to all offices, not
otherwise provided for by the constitution.
The prudence and wisdom of these emiuent
and distinguished functionaries of the go
vernment, were the guarantees on Which
the people relied for the careful selection of
those subordinate agents to whom the sword
of the nation was to be entrusted. The as
sumption, therefore, hy others, of the re
sponsibility of exercising this power, is self-
created—unrecognized by our institutions,
and tends to the mo.it (icriucious and alarm
ing disorders in the administration of the
government. In the case of military appoint
ments, the most powerful as well as the
most obvious considerations, especially de
mand that this power should not he w rested
from the hands of those on whom alone the
constitution has imposed this high responsi
bility.
Trie Congress of the United States alone
is vested with the general authority to or
ganize the militia, and to provide for calling
them forth for the purposes expressed in the
constitution. These powers have been ex
ecuted. Not only the organization, but the
rank and description of the officers of the
militia has bean prescribed by the act of
ployed during the war with the Seminole
Indians, exclusive of the troops of the rejd-
lar army, Amounting to aix thousand and
fifty-eight men, of which number four hun
dred and twenty aerved ip the general and
regimental field and ataff, and aa company
officers. The whole number of forces, of att
descriptions, actually lo service on the Aral
day of April, 1816, amounted to upwards of
five thousand six hundred men. From tho
state of the accounta it is impossible at this
time satisfactorily to ascertain the whole
amount of public expenditure on the object
for which these forces were raised. Tho
disposition, however, of the appropriations
made hy Congress for the support of a bri
gade of militia, amounting to four hundred
and forty six thousand seven bundled and
forty-three dollars, appears by tiro annexed
statements, furnished front the office of the
Second Auditor of the Trasury Department.
The pay rolls of only four compeincs of the
Tennessee volunteers have yet been received.
From an examination of these it appears that
the paymaster of those forces Captain John
B. Hogan, has paid to the men respectively
the sum of fifteen dollars and fifty cents each,
as an allowance for clothing. Should the
same disbursement for this allowance have
been made to tbe whole number of the non*
enmmiaaoned officers and privates of this
corps, the total amount of this item w ill ex
ceed the sum of eighteen thousand dollar?.
The amount of these pay rolls (twenty se
ven thousand eight hundred and fifty five
dollars and forty five cents) having been car
ried to the chaise of the appropriations for
a brigade of militia, in the annexed abstract
from the office of the Second Auditor of the
Treasury, and appearing thereby, also, to
have been deducted from the balance re
maining dtie from the paymaster, on account
of this fund, a letter was addressed to the
Second Auditor, requesting that officer jo
inform the committee by' virtue of what law
of the United States or regulation relating
to this subject, the paymaster was entitled to
credit at the Treasury for a disbursement
of this nature. From tne answer of the Sc-
Congress of the 8th day of May, 1702, and
the act of the 2d day of March, 1804. Nei
ther of these acts contain any authority for
the appointment of those descriptions oi
officers selected for the command of the
corps of volunteers, who were respectively
Invested with the rank of Assistant Adjutant
General, Assistant Inspector General, and
Assistant Deputy Quartermaster General.
These offices have been created only in the
reguiarnrmy of the United States.
The extraordinary assignation of an ad
ditional Lieutenant Colonel and Major to
ench regiment, and a third Lieutenant and
Comet to each company, is also unknown
to the laws providing for the organization of
the militia. With whatever force the propri
ety or necessity of varying these laws msy
be urged, until the Congress of the United
State?, who arc the constitutional judges of
the utility of such a measure 1 , and who have
the exclusive right to provide for calling
forth the militia, and the sole power to es
tablish regulations for their government, shall,
by the authority with which fliey have been
thus invested, revise the present system,
there is no power known to our institutions
which can lawfully execute any scheme of
reformation or improvement in the establish
ed organization of the military force of the
oution.
By the further provisions of the constitu
tion, (he appointment of the officer/ of the
militia is expressly reserved to the states.
The object of this reservation of power was
to provide for the security of the people a-
& ainst the success of any design which might
e formed to alienate the militia from the
allegiance which they owed to their respec
tive states. So “ necessary to the, existence
of our union, and a free government, has th*
preservation of the rigiits of the individual
states, in their full extent, according to a just
construction of the principles of our consti
tution,” been considered by Congress, that
the utmost extent of power to call forth the
militia, conferred hy the act of the 28th of
February, 1795, even on the executive, has
only authorized the issuing of orders fer that
purpose to the “officers of the militia.” Nei-1 cond Auditor, herewith submitted, dated on
therthc executive, by virtue of any autho
rity which has been conferred by this act,
or much less an officer of the regular army,
of his own authority, can, without the as
sumption of powers repugnant to the prin
ciples of tile constitution, and of the most
dangerous tendency, proceed to levy armies
by enlistment from the citizens of the res
pective states. When it is further consider
ed that the authority of the states over their
militia “ ceases when they are called into
the service of the general governmentthat,
they “ constitute u part of the national force
for the time as essentially as the troops of the
regular army;” that, “ like the regular troops
they are paid by the natiou ; like them, their
operations are directed by the same govern
ment ;” and that their superior commander
may he designated by the Executive of the
United States, it is evident that the chief
reliance of the states for the pi scrration of
this great bulwark of their liberties, must
essentially consist in scrupulously retaining
the selection of those officers to whose au
thority their citizens are to be immediately
subjected. From whatever source, there
fore, the officers selected for the com
mand of these, volunteer forces might have
received their rank, the power to appoint
them was self-assumed, inasmuch as the
appointments were not made, and they held
no commissions virtue of any authority
for that purpose, derived from any of the
states.
Tbe committee submit to the House with
this report, n vindication of the proceedings
of General Gaines, addressed by that officer
to the Department of War, dated at Au
gusta, in the state of Georgia, on the 17th
day o<Octor>er, 1819. This document chief
ly relates to the result of the measure* a-
aspted by the Senate of the United States at
tbe last session of Congress ; and, although
the committee do not consider that subject
to he directly connected with their duties,
as prescribed) by the resotutiob of the House,
yet they are impelled by a sense of that
justice which is due to an officer whose pro
ceedings are the subject of inquiry, to furnish
all the information within their power, how
ever remotely affecting the investigation con
fided to their charge.
It does not appear to the committee at what
time General Gaines made known to the
War Department his proceedings in relation
to the assembling and organization of the
Creek warriors, under the command df. Wil
liam M’ Intosh. In a letter addressed to that
Department, on the 15th day of December,
1817, he observes, that the steps which he
had taken were “ known to the Department
of War;” hut the date of this letter was se
veral days antecedent to the first order issu
ed to Col. Brearly, for the mustering of
these forces.
That a crisis of such great public peril It
imminent danger to the nation, might exist,
as’ to palliate, if not in a great measure jus
tify, a commanding General in departing
from the strict rules of subordination and
obedience, the committee most readily ad
mit ; but they believe that a careful exam
ination of the circumstances under which
these Indian forces were assembled, must
lead to the conviction that any necessity
which might have been supposed to exist
for resorting to this extraordinary proceed
ing, is rather to be imputed to the premature
commencement of hostilities by the com
manding General, than to any unforeseen
or inevitable events not within nil own con
trol, and which a cautious and prudent fore
sight of the probable result of nis own mea
sures would not have enabled him to avoid.
The waste of the public resources which
has resulted from these various assumptions
of the power of raising armies, is not among
‘ ‘ £
the Otli instant, and from an inspection of
the books of that office, it appears that the
accounts of the paymaster, which include
this item, have not been acted on at tlie
Treasury, nor has any part of them been
tawed to his credit This disbursement ho
ng directly contrary to the act of the 28tb
day of February, 1793, and totally unauthor
rized, the officer canrtot receive credit there
for under any circumstances Whatever.
It appears further to the committee, that
the accounts for the monies paid to the
Creek warriors, composing the general Acid
and staff of that corps, for forage and ser
vants, have been passed to the credit of the
disbursing office', in the office of the 8eeond
Auditor of the Treasury, without any evi.
dence whatever that the number of hot-sea
and servants allowed for, were actually kept
or employed by those persons. The expla
nation which the Second Auditor relies up-
on as a justification for this departure from
the established regulations of tha Treasury
Department, is contained in the communi
cation of the 5th inst addressed by that offi
cer to the committee. In their opinion this
deviation from those regulations which have
been adopted, as salutary and indispensable
restraints on improper expenditures of the
public monies by the disbursing officers Of
the government, or any other persons act
ing in such capacity, and winch ie all qasae
should be impartially applied, wao irregular
and unauthorized.
The House having authorized the com
mittee to report hy Mil, they devoted their
attention to the devising of some legislative
remedies against the recurrence of these dis
orders. To prescribe the principles of the
constitution by legislative enactments, might
tend to impair its high and uncontrotiahl*
sanctions, and the faithful discharge of the
duties of the several committees of this House
furnish an adequate remedy against all a-
buses in the public expenditure. Tile cons*
mittee, therefore, submit the fact* contained
in this report, and the documents which eo-
tablish them, referring them to tho discre
tion of the House.
Extracts from the Report of the Secretary of
the Treasury, in retatien to the condition tf
the Banks, the state of the Currency, Vc—
[Continued from our last.)
“ If banks were established only in th*
principal commercial cities of each state;
if they were restrained from the issue of
notes of small denominations; if they
should retain an absolute control over
one half of their capital, and the whole of
the credit which they employ, by dis
counting to that amount nothiogbut trans
action paper payable at short dates ; the
credit and stability of the banks would,
at least, be unquestionable. Their notes
could always be redeemed in specie oo
demand. The remaining part of theif
capital might be advanced upon long cre
dits to manufacturers, and eveu to. agri
culturists, without tbe danger of being
under tbe necessity of calling upon such
debtors to contribute to their relief, if
emergencies should occur. Such debt
ors are, in fact, unable to meet sudden
exigencies, and ought neverto accept of
advances from banks, butmjj&b long cre
dits, for which timely provision may be
made. The latter data, of all othera, it
the least qualified to meet the sudden de
mands which a pressure upon banks com-
the least of the pernicious disorders whicl
have originated from these unauthorized
measures. The committee submit to the
house with this report an abstract of the mus
ter rolls of the militia, volunteers, and Indian
warriors, employed in the public service dur
ing the late operations of the army against
pels them to make upon their debtors*
The returns ofcapiUl invested in agri
culture are too slow and distant to justi
fy engagements with banks, except upon
long credits. If the payment of the prin
cipal should be demanded at other peri-
. — * .. • . ods than those at which the husbandman
the Indians qn the southern frontier of the recetT « t the annual reward of his toil
United States. It appears from this docu- «r« f
meat, furnished from the office of the pay- tb « d ,“ tr *“ " b,ch w ° uM «•«»» frfltath*
master general, that tbe whole number of **Rct*°n would greatly outweigh anfhe*
such forces, (including the rangers under the ne “* which was anticipated from the
oommand of captains Boyle and Gist) em- loan. That the establishment of hanks,