Weekly national intelligencer., 1850-05-25

has been cied any be found uness Il ba urd III
act OF 1882 by which the Government assumed the
OF Claims due by Virginia In that case the entire abity
OF Virginia, interest well principal was assumed AMI
paid In this case the liability part but tbs entire Iis
by OF Georgia. in regard this claim has been assumed
and, as We think, justly paid.
not perceived that the relied on of the claims n
Georgia against the Creek Indians the treaty of 1921
and which the United States, to certain extent had s,pu
aed 10 pay, has any application 10 this an authority
against the payment of interest The only claim asserted by
Georgia In that for the Of specific property
ihe Attorney General Mr.. Writ, says:
claim oughto be liquidated aganstAe United States
on e that i would be li9uidated against
Iuhs and II is believed that claim OF interest against
unprecedented 80, ~ -
Inc Attorney General decided against the payment Of in.
ees ana assigns, among other reasons that the property
return Of which claimed had been assessed on an ave.
rage at nearly double prices that the claims were ithe ma
ture OF unqudated damages upon which, as general rule Of
a ,ees. was ho allowed; that the principles ofeqxS did
not call for the allowance Of nere-so far from il that hev
forbid it. Under circumstances like these il is belieysd
would not only be unprecedented to charge nation IN
dians but any other nation, with interest But the ease
seems TO be relied on as authority to show that because il
was held unprecedented under the thai
for nation of Indians be charged with interest heefor
Georgia and the United States bound paw interest
on Gaphn's claim. The would not have been SO par
culary noticed it not relied a prominent auhor
y why interest should have been allowed in the present
case But before leaving be permitted to saw as
Georgia claimed interest against the Indians under s cir
ing the claim Of Gaphn to interest in this case and as the
United States have thought proper step into the shoes of
Georgia, they should be subject to similar esoppe
The great antiquity of this claim will be found entitled to
no weight as an objection against it. when il understood
that every material fact upon which its justice depends is
incontroverbIy established has in fact for three fourhs
O. century, constituted part Of the history Of the country,
and there little hazard in the prediction that destined
to give more extended notoriey the of the claim
ant than would otherwise probably have obtained
The amount Of the claim although large, constituted
aUapsf Itcn T., a.
principal il is conceded all sides that il has been paid in
conformity to law and precedent In this all the accounting
ocers OF the late well the present Administration
cur ou derent opinions are entertained in regard the
payment Of the interest
The auditor to whom the former Secretary of the Treasury
referred he claim reported IN favor Of paying the interest
well as the principal The comptroller reported against the
interest Mr. Walker directed the payment of the principal;
but his impression being against the interest and
not having time examine the subject be left the question
as TO the interest undecided question his
says the claimant had him such an argument
as that of the opinion of the Attorney General he should
have referred the to the Attorney General and been
guided, he thinks, by his opinion.
The present Secretary referred the claim to the comptroller
who decided against the payment of the interest He then
requested the opinion of the Attorney Generals and in purs-
ance OF his oplnonwhch indicates thorough investigation
Of the case and fully susans the deservedy high character
Of that distinguished the interest to be paid
Whether the Secretary required pay the interest
was question OF law, upon which the duty Of the At
o'ey uenera When requested, 10 give MS opinion The
law has constituted the Attorney General the legal adviser of
the Executive Department of the Government and rarely if
ever in its history, has his opinion, when sought been dis
regarded In the adjustment and payment Of this claim
therefore, it appears that all the acquisitions and of law
have been complied with The proper officer has decided the
law, and payment has been made accordingly The revision
OF his opinion decision by committee Of the House Of
Representatives, believed to be without precedent in the
history Of the Government The committee being opinion
however that the resolution of the House required the merits
Of this cam and whether its payment had made in con-
formity TO law and precedent be investigated the under
signed, members of the committee, after aborous exam
nation and full consideration, have to the conclusion
lst That the claim just, and that the Government
was under an equitable obligation to pay it.
I'd That the interest," well as the principal have been
paid in conformity to law and precedent
The undersigned appears from the report of the COM
mttee, fully in the of facts therein.
DANIEL BRECK, .#
"> G. M. CONRAD,
50. JAMES G. KING,
JOSEPH GRINNELL.