1. See Edmund Randolph to William Bradford, H, and Henry Knox, first letter of July 11, 1794; Washington to H, July 11, 1794.

2. See Randolph to Bradford, H, and Knox, first letter of July 11, 1794, note 1.

3. See Randolph to Bradford, H, and Knox, first letter of July 11, 1794, note 2.

4. Knox wrote to George Mathews on July 28, 1794: “It is with great regret that the President of the United States has been lately informed, that a considerable body of people, in the upper part of Georgia, have associated themselves for the purpose of setting up an independent government.… We only understand, in general, here, that such a movement, without the sanction of your Government; is contrary to the laws, without being informed, at the same time, of the name and degree of offence in your criminal code.

“Notwithstanding the formation of a new State cannot take place without the consent of Congress, as well as the State concerned … it might, perhaps, be proper to leave this attempt, under its present circumstances, to the management of your own State, if it were not that the laws of the United States are infringed thereby. And yet, sir, so serious a struggle as this against the authority of the State, and the erection of forts, (both of which steps may be so easily turned against the United States) would be sufficient in themselves to call forth precautions on the part of the General Government.…” Knox then pointed out that the President was obligated by law to remove individuals who had settled illegally on Indian lands and requested Mathews to issue a proclamation against the settlements and if necessary to use both militia and Federal troops stationed in Georgia to effect the settlers’ removal from the Indian territory (ASP description begins American State Papers, Documents, Legislative and Executive, of the Congress of the United States (Washington, 1832–1861). description ends , Indian Affairs, I, 501–02).

In a letter to Knox, dated September 29, 1794, Constant Freeman, agent for the War Department in Georgia, described the outcome of this episode: “I have the pleasure to inform you, that the post opposite to us, on the south side of the Oconee, has been taken and destroyed by the militia, and that General [Elijah] Clarke and his adherents have been removed. Soon after the Governor’s proclamation was issued against General Clarke, he delivered himself up to the superior court in the county of Wilkes, who dismissed him, because it was their opinion that he had not violated the laws of the State. This decision greatly encouraged his party. and the settlements were pushed with vigor. The measure had also become very popular, and it was believed by him and his adherents, that the militia would never march against them. Under these flattering circumstances, his works were completed; houses were erected within his forts, a town was laid off at fort Advance, the post opposite to us; General Clarke was chosen Major General, and placed at the head of the enterprise; the members were elected for the general committee, or committee of safety, and every thing bore the appearance of a permanent settlement.… about this time the Governor received his orders from the President of the United States. His Excellency directed one third of the militia to hold themselves in readiness to march. In the mean time, he sent Generals [John] Twiggs and [Jared] Irwin to General Clarke, to induce him to remove.… General Irwin promised General Clarke that, if he would evacuate the post, himself and his men should be protected in their persons and property. Accordingly, next morning, the baggage was removed, and. in the evening, a party of the militia took possession of the works. Yesterday morning the fort was set on fire, and destroyed.… The militia have shown great zeal to support the laws.… They all returned to their homes yesterday.… Colonel [Henry] Gaither proposes, as soon as he can procure a proper person, to send a message to the Indians, to inform them that the Government has removed all encroachments from their lands” (ASP description begins American State Papers, Documents, Legislative and Executive, of the Congress of the United States (Washington, 1832–1861). description ends , Indian Affairs, I, 500).

5. H is referring to “An Act directing a Detachment from the Militia of the United States” (1 Stat. description begins The Public Statutes at Large of the United States of America (Boston, 1845). description ends 367–68 [May 9, 1794]. Section 4 of this act states that when the militia was on active service, the cost of its allowances would be borne by the United States.

6. Lieutenant Colonel Henry Gaither.

7. This treaty, which was signed in New York City on August 7, 1790, is printed in ASP description begins American State Papers, Documents, Legislative and Executive, of the Congress of the United States (Washington, 1832–1861). description ends , Indian Affairs, I, 81–82. See also the introductory note to “Cabinet Meeting. Opinion on the Depradations of the Creek Indians Upon the State of Georgia,” May 29, 1793.

8. Josef de Viar and Josef de Jaudenes.