ber last opened a correspondence with a number of professional gentlemen, requesting their views as to engines for steamers of war, their boilers and fixtures; and from a number of these gentlemen they have received communications of great value, though not entirely conclusive upon all points. When you were pleased to inform the board that it was decided that one of the steamers contemplated by the appropriation of 9th September last should be constructed principally of iron, the Commissioners opened a correspondence with a view to gain information upon all the points essential in the planning and constructing such vessels; and the information they have procured has been satisfactory.

The Commissioners hope in a few days to be prepared to enter into contracts for all parts of the vessel, including engines, boilers, fixtures, armament, &c. The resolution is herewith returned.

I have the honor to be, with great respect, sir, your most obedient

servant.

Hon. A. P. UPSHUR,

L. WARRINGTON,

For the Commissioners of the Navy.

Secretary of the Navy.

2d Session.

DEPREDATIONS BY INDIANS AND UNITED STATES TROOPS IN GEORGIA.

APRIL 22, 1842.

Referred to the Committee on Military Affairs, with instructions.

HOUSE OF REPRESENTATIVES, April 22, 1842.

Ordered, That the communication from the War Department, and the letter of the Governor of Georgia, [herewith presented, dated on the 10th March, 1842,] asking the delegation from Georgia to have an appropriation made for the support of a militia force on the Florida frontier, in Georgia, be referred to the Committee on Military Affairs, with instruction to report upon the propriety of making the appropriation asked for by the Governor of Georgia, and that said papers be printed.

WAR DEPARTMENT, April 20, 1842.

SIR: I have the honor to communicate, as directed by a resolution of the House of Representatives of the 6th instant, "all correspondence between the Governor of Georgia and this Department, since the 4th March, 1841, in relation to Indian depredations in Georgia; and the complaints made and evidence submitted of depredations on the citizens of Georgia and their property, by the United States troops;" and also to state "what course has been adopted to prevent in future the violation of the rights of the citizens by the United States troops."

The correspondence here with submitted contains all the information, from whatever source, in the possession of the Department, relative to the subjects of inquiry by the resolution, details its action upon all the points presented, and in a great measure exhibits the grounds upon which that action proceeded. The letters are divided into two series: the first, embracing those which passed between the Governor of Georgia and this Department, with their enclosures; and the second, those between the Adjutant General and officers of the army stationed on the exposed portion of the Georgia frontier.

Up to the 2d of March of the present year, the letters of the Governor of Georgia relate exclusively to the exposed condition of the inhabitants residing near the Florida line and the Okefenokee swamp, and to the payment of the militia companies which he deemed it necessary to call into service for the protection of the country. The numerous documents accompanying these letters, and the correspondence during that period contained in the second series, give such full information on the subject as to render any further explanation unnecessary. The report of Lieut. Col. Riley, of the 28th of March, enclosed in No. 16 of the second series, is worthy of attention, as showing how little apprehension was then entertained, by thesettlers on the Georgia frontier, of outrages from the Indians; and this

view of the subject is corroborated by the letter of Captain Screven, of April 3, No. 18 of the second series.

It is proper to state that, after the explicit declaration of the Governor of Georgia, in his letter of the 10th of March, that he had taken the defence of the State into his own hands, and wrote only to ask the removal of the regular troops from the limits of Georgia, it was impossible for this Department to offer him aid, if there had been any occasion for such offer. Ap-parently so well convinced of this were the delegation in Congress from that State, that, in an interview with the undersigned, they requested that an answer to the letter of the Governor might be delayed until they could communicate with him. They further expressed their wish that one or two companies of militia might be called out, and kept in the service of the United States, for the purpose of protecting the southern frontier of the State, and to tranquillize the minds of the inhabitants. They were answered, that the high consideration in which the opinions and wishes of such a body were held by the Department, would induce it in a doubtful case to yield its own opinion of the necessity of such a force to theirs ; but that, in the present state of the correspondence with the Governor of Georgia, it was impossible to do any thing, as the application for authority to call out militia must necessarily come from the Executive authority of the State. They left the undersigned with an impression on his mind that some communication would be received from them, or from the Governor of Georgia, before there should be any action of the Department on the subject. No further correspondence or communication, either with the Governor of Georgia or with the delegation, has been had, prior to the receipt of the resolution of the House to which this communication is an answer.

The letter from the Governor of Georgia of the 2d of March contains "all the complaints made and evidence submitted of depredations on the citizens of Georgia and their property, by the United States troops," and was the first as well as the only information communicated to the Department on that subject, with the exception of a notice of the death of D. N. Cone, in a letter from Captain Day to the Adjutant General, of February 1, requesting the employment of counsel for the defence of a soldier and three of his comrades, who were imprisoned as principal and accessaries, on a charge of the murder of Cone. That officer was immediately called upon for a statement of the circumstances of this unfortunate affair; and his report will be found under date of February 24, numbered 12, of the second series. The letter of Governor McDonald, communicating the death of Cone, and stating that depredations had been committed by the soldiers on the property of citizens of Georgia, was immedaiately transmitted to Colonel Worth, for an investigation of the disorders therein alleged. His report, under date of March 29, numbered 15 of the second series, will be found to enter fully into these charges. From this report, and that of Captain Day above referred to, the death of Cone would appear to have been a case of excusable, if not justifiable homicide; and to these reports the attention of the House is respectfully invited.

It will be seen by the letter of Colonel Worth of March 30, numbered 16 of the second series, that the United States troops have been withdrawn from the limits of Georgia, for reasons entirely independent of the occurrences in question.

In answer to that part of the resolution which inquires "what course has been adopted (if any) to prevent in future the violation of the rights of

the citizens by the United States troops," the undersigned would remark that the terms of the inquiry seem to imply that there has been some violation of the rights of the citizens of Georgia by the United States troops, which called for some special and extraordinary interposition of this Department. Such an implication the undersigned thinks will appear, from the correspondence now submitted, to be unfounded. As to the charge of having killed a citizen, it is sufficient to say that the transaction, immediately on its occurrence, became the subject of investigation by the civil courts of the State; and if criminality attaches to the conduct of the soldiers, there can be but little doubt that the law will be amply vindicated.

The depredations charged against them in the petition of Isaac Jernigan and others, to the Governor of Georgia, and enclosed in his letter of 2d of March, are, if truly charged, of such a description as may well occur among an equal number of ordinary citizens, and were scarcely of a character to demand any special interposition from any quarter. The soldiers were liable to the jurisdiction of the ordinary civil courts for any trespasses committed by them. The laws extend their broad and ample protection over the citizen, whether he be in public employ or in a private station; and I am not aware of any rule or principle which excepts the soldier in the service of his country from the benefits of this protection. It is not perceived, then, in what manner or by what authority this Department could adopt any course to prevent a violation, in future, of the rights of the citizens of Georgia by the United States troops, other than that which has been adopted, viz: to direct inquiry into the truth of any charges, and the application of the usual legal remedies to redress the wrongs inflicted, and to punish the transgressors.

No other course, to prevent future violation of the rights of citizens of Georgia by United States troops, has been adopted. Very respectfully, your obedient servant,

Hon. JOHN WHITE,

Speaker of the House of Representatives.

J. C. SPENCER.

EXECUTIVE DEPARTMENT,

Milledgeville, March 10, 1842.

GENTLEMEN: I have frequently applied to the War Department for a military force that might be relied on to protect the inhabitants of that part of the State of Georgia exposed to the ravages of the Florida Indians. have been answered by assurances that the regular force stationed for that purpose is sufficient; that the Indian war is near its close; and that no indication of Indians in or near Georgia can be discovered by officers of the United States sent to make the examination. I have informed the Department that, the moment the militia force is removed, the Indians, disregarding the regular troops, renew their work of death and plunder. This is verified in this instance. The forces under the command Captains Johnson and Morgan had been but a short time discharged, before the murders mentioned in General Knight's letter were committed. Tired of making fruitless appeals to the authorities at Washington for an effective force, I have determined to take the defence of the State into my own hands, and have accordingly requested the Secretary of War to remove the regular troops from the territory of Georgia. I must ask you to have an appro

priation made by Congress for the payment of the companies lately commanded by Captains Johnson and Morgan, as well as for those now ordered out for the defence and protection of the State.

I send you the copy of a letter this day addressed to the Secretary of War.

I have the honor to be your obedient servant,

CHARLES J. McDONALD.

To the GEORGIA DELEGATION IN CONGRESS.

P. S. You will confer a favor by sending me some dozen or two of blank muster and pay rolls.

FIRST SERIES.

C. J. McDONALD.

From the Governor of Georgia to the Secretary of War.
EXECUTIVE DEPARTMENT,

Milledgeville, March 9, 1841. SIR: I have the honor to forward to you an extract of a letter from Captain North, of Ware county, in this State.

In addition to what he says, I can inform you that his neighborhood has been repeatedly attacked by straggling parties of Indians from Florida, and is greatly exposed.

I must ask you for a force for the protection of the people, to be stationed at Fort North. There can be no question that the Indians, when pressed in Florida, will retreat to the Okefenokee and adjacent swamps in Georgia, and, as has been their custom, destroy the lives and property of our citizens. This can be prevented by sending a force in time to the exposed points. Four companies are now in service, for the protection of this section of country, but they are so disposed as not to guard this neighborhood.

I have the honor to be, respectfully, your obedient servant,
CHARLES J. McDONALD.

Extract of a letter from Captain North, enclosed in the foregoing letter of Governor McDonald.

It may be described to you that Fort Gilmer is a guard for our frontier, but I wish to inform you that the fort was built there when the Indians were in the Okefenokee swamp; but the times have changed, for the Indians are on the other side of us, and we are some ten or fifteen miles from Fort Gilmer, behind it and the Indians, and an open scope of country between us and the Indians for seventy or eighty miles, the way they come from the nation. So, if you do not wish to give us any further protection, the request of the citizens is, that you would remove the station to where it will be of some benefit to those people that are actually in danger every day; for what few remain on the east side of Suwannee are at this time in small forts, but they are chiefly removed; and now it is coming crop