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War Department
February 10th 1841
Sir
Permit me thro' [through] you to call the attention of the Committee of Ways and means to the accompanying copy of a communication dated the 27th Ulto: [Ultimo] just received from the Governor of Georgia, on the subject of the claims of that state against the United States for indemnification for expenses incurred by calling out Militia in cases of emergency to aid in the [deleted text: [illegible text] ] re [deleted text: p ] pression of Indian hostilities in Florida and Alabama and to protect the Citizens of Georgia from sudden incursions and the ravages of Creek and Seminole Indians. This Department had heretofore on more than one occasion recommended these claims to the favorable consideration of Congress. The acts of the Executive of Georgia were not only proper but were rendered imperative [added text: ly ] necessary by the nature and suddenness of the emergency [added text: [illegible text] ] which gave rise to them. A portion of the expenditures were incidental to the calling out of troops for the protection of the inhabitants of Florida and Alabama on the [deleted text: sudden attack ] [added text: outbreak ] of hostilities on the part of the Seminole and Creek Indians, and before it was possible for the general government to take the necessary measures for calling and mustering them into its service so that they could be paid by the U. States,


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for this prompt action on the part of the authorit [deleted text: y ] [added text: i ] es of Georgia in sending timely [unclear text: succor ] to the menaced inhabitants of Florida and Alabama, they deserve much Credit. The emergencies were of that character which rendered it the duty of the general government to provide the necessary defence [defense] and protection, and this would have been done and the expense been paid by the United States, had there been time for information of the necessity to reach the seat of government, and for regularly calling out and mustering the troops into [added text: the ] service- a condition which the law renders imperative.
The nature of the claims and the particular reason why the Executive cannot pay them without legislative action are fully shown by a report made by this Department to the House of Representatives on the
8th of May last, a printed copy of which is enclosed, and by the accompanying copies of letters to the Chairman of the Committee on Military affairs of the House and to the Governor of Ga the first dated
31st of Jany. [January] 1839 and the latter
June 1st 1839.-
The Department had fully advised the Executive of Georgia of the reasons why the claims could not be paid not be paid without the action of Congress, it had recommended them to the favorable consideration of that body, and on several occasions had made Known to different representatives of the State


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what had been done. It thus fulfilled its promise to the Executive of Georgia to do all in its power that was proper to have the claims provided for. In compliance with the request in the Governors letter it takes the liberty of again presenting the subject to the committee and of respectfully asking its [deleted text: prompt and ] favorable consideration thereof.
The act of
May 28th 1836- 9th Vol: laws page 348, was passed to authorize the payment of claims for services and expenses of troops called out under similar circumstances by the Governors of States and territories, but it embraced only those which happened to have been received into the service by [deleted text: of ] some general officer of the Army. This was not the case with the Georgia troops in question. What is required to enable the U.S. to make a fair and equitable settlement of the claims of that state is, first; that that act and the principles of settlement adopted under it be made applicable to those claims, and secondly an appropriation of the amount necessary to pay them or such part of them as may be found justly due on such a settlement. I respectfully recommend that this be done.
I would suggest that the amount of appropriation should be that specified in the governors letter viz $208. 618- such


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part of it as it might be found on settlement the state has no just claim to would of course [deleted text: would ] not be drawn from the Treasury

Very Respy Yr. Mo. Obt Servt [Respectfully Your Most Obedient Servant] signed
[Signed] J. [Joel] R. Poinsett
Hon J. [John] W. Jones Chairman of the Committee of Ways & Means House Representatives



Mr. Poinsett

1841