In 1838, President Martin Van Buren urged Congress to adopt the Secretary of
War's plan to reorganize the militia to provide for both coastal and inland or
frontier protection. The measure was in large a need to protect the white
inhabitants of the inland states from Indians and to aid in the forced removal
of any remaining Indians in those states. It was an issue that Martin Van
Buren inherited, and one that he needed help from Congress to
address.
In the late 1830s, America was still grappling with the fallout of the
Seminole and Creek wars and Indian removal. This was especially true in
Alabama, where despite forced relocation of most of the Creek, there were still
sporadic uprisings from factions who had not fully complied with removal and
remained in the region. In 1836, Governor Comer Clay sent several requests to
the Secretary of State, Lewis Cass requesting that the president send in troops
to aid in both removal of the Creek Indians and the protection of the citizens
of his state. Governor Clay wrote to the Secretary that they were in need of
guard against "the present spirit of discontent manifested by the Indians,
who are reduced almost to a state of starvation, and are collecting together,
and committing depredations upon the settlers". The Secretary replied
that the federal government did not have constitutional authority to send any
troops until "proper exigency arises". The letters went back
and forth, with the Secretary explaining that the militia could only be called
out if there was a "commencement of hostilities". Then in April
1836, the governor sent a letter to the Secretary from "Captain Page,
Major Howard, and Mr. Glenn" providing proof that "actual
hostilities" had commenced and that there was "evidence of impending
danger".
Secretary Cass responded to Governor Clay that May stating the views had been shared with the President and that troops from New York and Fort Monroe were being ordered to proceed to the Creek country in Alabama "to prevent any difficulties among the Creek Indians". This was only a temporary solution. Ultimately, the responsibility to maintain peace in the states was the be done by the state militias, not the regular army. Unfortunately, the state militias were unorganized and quite often deployed to the coastal states. The militia was not structured properly to provide for both coastal (maritime) and inland (frontier) defense. In fact, in 1837, the Alabama militia troops were serving in Florida keeping peace after the Seminole wars. Finally, in response to the hostilities in Alabama, the Secretary of War, Joel R. Poinsett wrote to Governor Clay informing him that the Alabama troops would be deployed to protect Alabama inhabitants but would remain stationed along the Florida border.
Here is the full letter:
War Department
June 12th, 1837
Sir,
I have the honor to acknowledge the receipt of your letter of the 31st ultimo and its enclosures.
The Department concurs in your views as to the importance of removing, at the earliest practicable period, the Indians to which you allude, and will leave no necessary means untried to effect so important an object; and until their removal shall be accomplished, it is fully sensible of the important duty resting upon the Government of affording protection to the inhabitants of that section of the country where the Indians remain. This protection will be furnished by the Alabama troops that for some time past have been serving in Florida, but who, as you will perceive from the accompanying extract of a letter recently received from General Jesup, have been relieved from duty there and ordered to return to Alabama. The Department is of opinion, however, that protection can best be secured by the troops being stationed along the northern border of Florida, and has accordingly issued orders to that effect.
The Department cannot have the full assurance that this arrangement will be entirely effectual, but it is believed to be the best that can be adopted under existing circumstances. Every possible effort will, however, be made to accomplish the removal of the Indians as speedily as practicable, and thereby relieve the citizens of Alabama from the dangers and inconveniences to which they are at present exposed.
I have the honor to be,
Very respectfully,
Your most obedient servant,
J.R. Poinsett
The Secretary of War fully acknowledged that the Militia needed to be reformed and reorganized and that a clearer division between militias for coastal and frontier defense was needed. President Martin Van Buren agreed and urged Congress to take up the matter in his 1838 State of the Union Address.
"I would again call to your notice the subjects connected with and essential to the military defenses of the country which were submitted to you at the last session, but which were not acted upon, as is supposed, for want of time. The most important of them is the organization of the militia on the maritime and inland frontiers. This measure is deemed important, as it is believed that it will furnish an effective volunteer force in aid of the Regular Army, and may form the basis of a general system of organization for the entire militia of the United States. The erection of a national foundry and gunpowder manufactory, and one for making small arms, the latter to be situated at some point west of the Allegany Mountains, all appear to be of sufficient importance to be again urged upon your attention.
The plan proposed by the Secretary of War for the distribution of the forces of the United States in time of peace is well calculated to promote regularity and economy in the fiscal administration of the service, to preserve the discipline of the troops, and to render them available for the maintenance of the peace and tranquillity of the Country. With this view, likewise, I recommend the adoption of the plan presented by that officer for the defense of the western frontier. The preservation of the lives and property of our fellow-citizens who are settled upon that border country, as well as the existence of the Indian population, which might be tempted by our want of preparation to rush on their own destruction and attack the white settlements, all seem to require that this subject should be acted upon without delay, and the War Department authorized to place that country in a state of complete defense against any assault from the numerous and warlike tribes which are congregated on that border."
Finally, in 1839 the Senate took up Senate Bill 213, "A Bill To provide for the organization of a volunteer militia forced for the defense of the maritime and inland frontiers". The bill authorized the President to raise companies of volunteers up to 20,000 for the protection of the states and territories both on the coast and inland. This bill was attributed to Mr. Clay of Alabama which seems to be a mistake, since Mr. Clay (Clemens Clay, the cousin of Governor Clay) was an Alabama state senator. Perhaps the bill was sponsored by their distant cousin from Kentucky, Henry Clay. Either way, the impetus for the bill was clearly the need to protect the frontier states like Alabama from the Indians and to aid in the forced removal of the remaining Indians.
References
"Second Annual Message." Second Annual Message | The American Presidency Project, 3 Dec. 1838, https://www.presidency.ucsb.edu/documents/second-annual-message-4
Report from the Secretary of War, in compliance with a resolution of the Senate of the 8th instant, transmitting copies of correspondence with the Governor of Alabama, in reference to correspondence with the Governor of Alabama, in reference to hostilities with the Creek Indians hostilities with the Creek Indians, https://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1211&context=indianserialset
Letter from Secretary of War J. R. Poinsett to Governor Clement C. Clay in Tuscaloosa, Alabama., https://digital.archives.alabama.gov/digital/collection/voices/id/3692/
S. Bill 213. A Bill To provide for the organization of a volunteer militia forced for the defense of the maritime and inland frontiers. https://www.congress.gov/bill/25th-congress/senate-bill/213/text
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