The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-18

was, ia The estimation OF the English, rebel that
neither he his heirs have ever received payment
from Georgia the United States and the true gaes-
lion now Is, whether Georgia or the unnsd states
ought 10 pay the money AZ "a true thai ms iahas
acquired from The cheIokes Indians oy ne ss q
subject TO her dispositions and II "a also true
that a considerable portion OF them was granted as
boun'ss 10 the soldiers Of the revolution George Gai
piA was true wing, and rendered important services
10 The cause OF independence not for Georgia alone but
for all the States His claim was not against Georgia,
bat originally against Great Britain, and subsequently,
against the United States; because arose Under treaty
stipulation the fuGlnen OF which deyoved. BY change
OF government not on Georgia. but on the government
q the United States which had succeeded TO that OF Great
Britain, receiving the benefits and bearing the burdens
The claim OF Mr. Gaphin has always been considered
just by Georgia. but she has denied that she liable 10
The payment Of it, and has therefore uniformly refused 70
do so, although there have been reports made BY
committees OF one the other branch OF the legislature,
recommending the payment BY Georgia"
Commissioners were appointed 70 examine thus ca,m
its payment by that State. Their report committed
committee of the house OF representatives OF that
the commissioners The house agreed to their report
Resolutions were then offered in the house. requesting
the senators and representatives OF the State OF Georgia
to urge the payment OF tue claim Of Gaphn by the United
States. These resolutions were laid on the liable
In 1910. committee OF the house OF representatives OF
the Georgia legislature made report in favor OF the
claim, and recommended the pay Of interest on the
same from 1898. minority OF The Committee OF one
made report adverse the pay ment of the claim by
Georgia The house agreed 10 the minority report.
resolution instuclng the delegation in Congress to urge
the payment OF the claim by the United States then
introduced Mt
The committee do not find that any further or subse
quent proceedings were had in the legislature OF Georgia
on the subject
In 1888. the Senate Committee on Indian Affairs report
ed haf u the trust fund, at the close oil the revolution
virtue OF the revolution, they had acquired the power
dispose OF it, there ought TO be hesitation in satisfying
this demand out OF the treasury OF the United States
bat this was not the The fund land this land
was situate within the limits OF OF the United States
The State where it uate acquired the control
Il, and had right to dispose OF it. when and TO whom
she pleased and TO apply the proceeds according TO her
own pleasure, without consulting the government Of the
United States As the government OF the United States
acquired no title to this land, and power 10 carry into
elect the trusti or In any way to control the innd the
committee can see no ground upon which they are au-
thorized 70 recommend lis payment" This report does
have 0ss s1ss ?" q T h Hoas
sentatves the 9Th OF January, 1914, and referred
the Committee OF Claims That committee made no re-
port upon it The Committee on the Judiciary OF tae
Senate made report the 9Th Of July 1885, in favor OF
this claim, accompanied by bill Tor It's payment This
and bill do not appear to have been acted upon by
was made by The committee Of the Senate ls47
The bill was sent to the House of Representatives the
slh OF February 1877 and referred 10 the Committee
the Judiciary the 10Th OF the same month"; The oath OF
the same month The bill accompanied by uniavorable
report, was reported to The House, which was not
acted on By the House. This report proceeded on the
pdft OF the property conveyed,
purpose OF creating trust fund to pay the debt Of the Pc
ltoner had Injured to the benefit OF the United
States, and that the whole benefit OF the fund had been
received BY the Stale OF Georgia which could apply the
procee is TO the payment OF all equitable claims upon IT.
whereas the United States had power 10 control the
and or execute the trust" bill for The payment Of This
CLAIM passed the Senate early in the first session OF the
hireth Congress, and was sent To the House OF Rep
resenatves The 18th Of January isis The 2 Of that
who reported Il 10 the House the 29h Of February 1915
The Senate report which accompanied this bill, was
based on the grounds that the claim established by the
so% con appointed to dispose q the lands which
traders that there could be question to the justice
OF the claims that the revolution which George Gaphin
had contributed to effect, and which wrested these lands
from the Crown OF Great Britain the act of all the
States, and not that particularly OF the State OF Georgia.
that The government OF the United States succeeded 10 all
the obligations which rested the Crown far claims
OF character similar TO this were concerned; that the
lands charged with these debts had been appropriated TO
the public defence and bountes the officers and SOL
diers OF Georgia who served IN the oil the revolution
They further maintained that the principles which
United States IN 1882, assumed the payment OF certain
claims for which Virginia had become liable TO her
luionary officers embraced this claim The House
mittee made written report and SUPPOSED have
recommended the passage oil the bill, for the
signed IN the report OF the Senate committee The bill thus
reported to the House committed to the Committee OF
the Whole House, all private bills under the rules
The bill remained the private calendar and in the
Committee OF the Whole House until Saturday, the 12th
oil August s4s. On that evening, about o'clock, on
motion by Mr. Rockwell, chairman d the Committee of
Claims, the House resolved itself into the Committee OF the
hole House, 10 consider Senate bills on the priva ca
endar to which there should be no objection. Those
bills were taken up in their order, and this amongst
them II was acted upon in the Committee OF the Whole
House without debate, on division OF the committee If
single member IN the committee had objected, the bill
could not have been reported 10 the House In the House
the bull was passed, with several others, without sepa.
rate vote being demanded by any member or taken BY
the House. From minute and thorough investigation
OF the circumstances attending the action OF the Commit
lee OF the Whole House and OF the House itself on this
bill, the committee satisfied there nothing i'm
proper, Irregular unusual in the conduct OF the mem
bers or clerks, other officers OF the House, In rela
ton to H. and that passed in the regular and usual
mode.
In investigating his relation and conduct to this claim
The committee deemed il their duty request Governor
Crawford TO appear before Them and make such state
ment as would enable them 10 understand his
with this claim, and he should think proper his
own part He did appear, and made statement, which
inquiries proposed BY the committee. From his state
menis appears that he became agent counsel for this
claim BY power OF attorney executed BY Mledge CAL
ptn, executor OF Thomas Galphn, who the son and
executor OF George Galphn the 7h OF February, 1899 By
agreement between the parties, 23d May. 1888, he
entitled TO receive for his services, without any other
charge TO hrs principal, one-half OF the whole claim or
agreement by the parties, explanatory OF the foregoing.
was entered into the 10Th Of January, 1885, BY which
was Stipulated that the pecuniary advances and profess
siona services OF Gov Crawford should be the consde
ration Tor onehall OF the net profits OF the claim; and
That all advances TO- or contracts made by him with, other
persons concerning the CLAIM. should be deducted from
the sum 10 be realized from the claim before division
claim by the treaty Of New Echots with The Cherokee
Indians Failing wa nfpe In