The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-19


asainst The United States and that this ground OF the
uorl OF the Senate committee has been epudiaed BY the
lea slaiuTe OF that State.
principle Of the OF Congress Of 1882, which assum
ed the liabilities Of Virginia Tor the half-pay pension 10
her officers Of the evolution NEUTRALITY-SUSPICIOUS. 10 Dc
sed BY that Sste in $780, pension OF hapay Tor lie
which had been commuted 70 hve years full pay: For
reasons that do not appear Virginia paid some q these
claiming them, or their representatives., 70 prosecute
suits against her, Suits accordingly brought and
in many cases judgments recovered for The commuiaton
and interest Others had either not obtained Judgments
or had not commenced suits. The act OF 1882 directed
the money paddy Virginia these claims 10 be Refunded
Inc recovered % oe s aSG e sa Mas aS
TO pay, on the principles OF the cases already decided IN
the supreme court of that State. be paid also These
css been recon- Missed BY the United States as Just against
them, and paid. They were for pensions 10 officers
for meorous services and personal sacrihces in the
OF independence, and the State OF Virginia applied
10 Congress- TO them and pay Them The under
signed do feel that il is any part OF their duty 70 vim
dicale or to condemn consider the policy OF
the pension system of the United States But they are
yet 10 learn that pension can, with any proprety, be
regarded a debt II is enough that the claim oil Gal,
phn bears not the remotest analogy such claims, and
The committee do not perceive, how It could have been
embraced by the principles which Congress assumed
them
Having disposed Of the grounds on which Congress Is
presumed to have authorized the payment oil Gaphins
claim, the undersigned proceed 10 brief notice OF an.
other ground on which the officers OF the government,
confidently rely to establish this claim against the United
States. Ii is that the act Of lS02 by which Georgia
conveyed 10 the United States The immense territories
which constitute the States Of Alabama and Mississippi,
required the emer 70 exiingnish the Indian ne 10 al
Indians had conveyed their lands in l773 to pay Gal
phn's debt, il equitable Indian title and the
United States were bound BY express engagement to sxn
guish il. That act makes it the duty OF the United
States extinguish, for the Of Georgia. the Indian
title to certain lands specifically described, and then in the
possession OF the Indians as soon as could oe done
peaceably, reasonable terms" and that the United
States should in the manner extnguish The In
dian title to all the other lands within the State OF Geor
ga" The act recites that the President had ordered
treaty to be held for .these several purposes" Now,
the only title which Indians have to lands within
the United States is the right Of occupancy Lna'
lily TO the Crown before the revolution, and TO the
State OF Georgia since that event The Indian title
the right OF occupancy, OF possession-was 70 De ex-
tngushed as soon il could be done . peaceably.
reasonable terms" 10 all the lands within the limits OF
Georgia and treaty had been ordered 10 be held with the
Indians for that purpose Can doubt De raised me
mind that lands the occupancy OF the Indians, or 10
which they had then the right OF occupancy were alone
contemplated? The lnde title TO the lands charged with
Galph's debt exngushed, ef ctualy and forever,
773 and, 1904 they had long been in the posses
sion OF citizens of Georgia II quite clear that. whe,h
the debt Of Gaphin should be paid or not paid by The
Crown of Great Britain or by the State OF Georgia the
indian title was totally exiting uished by their cesson OF
that title the Crown 1873 The Indians could have
had interest in the application OF the proceeds OF these
The Crown for the benefit of the traders accepted IN
satisfaction OF their debts, and releases given to the In
dams In the opinion o. the committee shadow .,
foundation for the obligation OF the United States TO pay
the claim OF Gaphn cannot be found IN the cesson OF
1902.
But, notwithstanding the undersigned entertain de.
cided opinion that upon OF the grounds relied on
could the United States be justly held liable Tor the claim
OF Gaphin be conceded that Congress assumed
its payment for the forth in the report OF the
Senate committee The act is as follows: That the
Secretary of the Treasury be- and he is hereby autho
ed and required to examine and adjust the claim oil the
late George Gaphin under the treaty made by the gov.
ernor of Georgia with the Creek and Cherokee Indians 10
the year seventeen hundred and seyeniy-thTee, and
to pay the amount which may be found due 70
phin out OF any money in the treasury not otherwise
appropriated" No doubt has been suggested since 77o
the date OF the certificate, that nine thousand seven nun
ded and ninetyone pounds, fifteen shIllngs, and hve
pence were due to George Gaphn under the treaty oil
i773 The Secretary OF the Treasury required to as
certain what was due under the treaty. and 10 pay
that sum. This his whole duty. Ii embraced no
other inquiry consideration. The law was lmpera-
tive The undersigned are, therefore, OF the opinion ,h al
the principal was paid Sin conformity with law ana
precedent"
Whether the interest was paid 'n conformity with law
precedent demands special and more extended IN
quiry. IL must be kept IN remembrance that Is not
question whether the United States were bound 10 pay
the interest, whether there equities In the claim
ITSELF that in justice and conscience, entitled Caphn 10
demand OF his debtor whether that debtor be tne oh
ted States Georgia But the question is whether the
act under consideration authorized and required the Sec
rotary Of the Treasury pay III That question cannot
find appropriate any precedent or usage oil
the Treasury Department, or any other department II
be answered by consulting the rules that apply TO
the transactions OF individuals II the sole and In.
conesabe preogave Of Congress prescribe the mea-
ure Of justice grace that should be dispensed 10 Gal
phin and decision imperative upon the ohcers
OF the government as II was conclusive against Inc
claimant In the examination OF this question, is con-
sideraon not TO be forgotten. that the act OF Congress
conferred the only authority, and all the authority, the
Secretary OF the Treasury could exercise. without
that act, he would have bad no authority whatever
TO pay the principal He is officer OF the exeeu
tive department. and bis duties 10 execute the law,
and not TO make il AS the law is written, so shall he
conform IT, without inquiry whether IL is wise or I'M
wise Just unjust His should be 10 forbear The
OF doubtful power, rather than hazard the ex-
cecdng OF his authority And he best conforms 10 his
duty and best consus the public interest," when he obeys
the clear prescriptions OF the law, and leaves II TO Con-
gess ambiguity uncertainty BY supplemental
or explanatory legislation On the question Of inlees,
the officers Of the Treasury Department held different
opinions MIR Jones' the acting First Auditor, under the
administration OF Mr. Polk. FIRST examined this claim
under the law OF 1885, and cane 10 the conclusion that
the debt and interest should be paid His report was sub
mitied TO the Comptroller, Mr MeCulloh, who thought
the principal but no, the interest, ought TO be paid Nj
Walker the Secretary OF the Treasury, decided that the
principal should be paid and left the interest an open
question, with impression against s allowance, which
he expressed inhis decision II that the question
came before hun towards the close OF his term OF oce
and the pressure Of his engagements did not allow tine
for full and satisfactory investigation. After Dir
McCulloh went out OF Office, he modified his opinion
far think interest should be allowed for par OF
the time, and communicated that opinion 10 bis SUCCESSOR
4 ~. a..