New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-04-11
FROM WASHINGTON.
Wore abog: I'm. Galphin Claim.
Ccrrrspcndence q Tie Il ouDc.
WasESsroS. Tge.dsy, April 2.

As several volunteer advocates have appeeredfn
the Washington papers 70 tolsser up the claim o.
George Galphin. deceased the interest upon which
has been paid amounting to upward Of $4,000,
hope It may 10, be considered ofoiors on my part
10 embodylug IN TINS communication a few facts.
hat strike at the justice and legality Of the orgi
nal debt Itself 70 say nothing Of the payment Of its
interest
|. IS to be Observed that from l7so down TO $50
which was the last legislative action ever taken by
Georgia TO this claim, no act Of that State Leg
stature was ever passed tina, scknow,edged T., the
rcmotes1 degree the equity or justice O, this Cal
phin claim. Until that recognition could D.. had.
tie spectators interested in its payment felt thor
ghly conv irced that it would be s-orse than us.
less, 70 attempt its payment by Congress Des-
pairing how at last, alter perseverance OF
FIFTY SEVEN years, Of procuring from the State OF
Georgia legislative expression favorable 10 the
payment Of the claim either by tn State or by the
General Cover nment. the spectators did come
70 Congress, ard after a ten years siege succeeded
in getting law passed, which one Of your regular
correspondents has already published and under
which the Government has been p.und,red Of this
One Hundred and Ninety eight Thousand Dollars
Interest.
wish TO invite the attention Of the Cong-ession
al Committee Of Investigation to the following re-
cord evidence within their reach
The Journals Of the L csi.l1'ura n Gee ,ia show
1aa, the Commissioners, . whom he been referred
these claims Of Indian Trade i'' ciled against
this identical claim Of Geo--c Gs'iin deceased,
and reported that he had no claim whatever upon
the State Of Georgia for its reimbursement
The last and most definite action against this
claim By the Legislature OF Georgia, occurred at
the Session Of 1882 and is to be found at page o6e,
&c OF the Journals OF that Session This whole
subject matter of controversy was referred 10 .
Committee of Seven, consisting Of Joha Harms,
Ortsn Stroud, C. Nuphy Benz ClcrciuHd Robt.
Toombs, J. NJ Berien and A. II. Chapel The
first four named gentlemen. being a majority of
such Committee, made the following report:
That they have carefully examined all the facts
| and evidence contained IN said report, upon which
| The claimants have relied to establish their claim,
and are clearly of the opinion THAT THE STATE OF
! GEORGIA Is not LIABLE FOR THE DEBT And the
Committee fully concur with the conclusion arrived
at by the Commissioners, who have investigated
! the claim, THAT The STATE OF GEORGIA IS NOT
BOUND Is JUSTICE OR EQUITY To FAY IT, OR ANT
FART THEREOF (See Georgia House Journal
page 500, Session OF 1897
1.-THE same time this majority report was made
| Mr. TooMBs now member OF Congress aud who
moved the ommittee of investigation introduced
minority report, which was signed by himself,
Mr. BERRIEs and Mr.. CHAPPEI in favor OF the
payment Of this claim By the STATE of Georgia.
The principal reason assigned by the minority Of
the Committee why Georgia should pay this Gal
phin claim is the following: They say in such
minority report,
Previous to the Act of 1880 Georgia became
bound to pay the debt upon every principle OF
honor, justice and international law. The success
| OF her arms gave her the possession OF the Trust
fund, subject % the membranes thereon. By up.
| propriatiag sad fund 10 her orR use she became
liable to pay of the membranes upon it from the
Treasury. Such the liability of Great Britain,
| the Revolution only changed the Trustee. The
undersigned utterly deny the position assumed by
the Commissioners that the State OF Georgia took
a clear unincumbered, indisputabe title to tho
lands in question by the success Of her arms. Or
that she acquired any such title 10 any portion Of
her domain stated by the Commissioners
! THE undersigned feel satisfied that from the
foregoing statement of facts that none can doubt,
but what Georgia once liable to pay said claim.
Has she ever discharged that liability becomes
| the only remaining inquiry. The Commissioners
do not seem satisfied with their own reasoning,
which denies that Georgia was liable To pay
this claim, for they subsequently placed their re-
Jtcti0R Of the clam upon the fact that il has not
been paid before that it has been frequently be-
fore the Legislature and either not acted on or
neglected.
The justice of the claim cannot certainly 10
prejudiced by refusal Of the debtor to pay it.
When the obligation upon tho part Of Georgia has
| once been established to pay this claim, the bur
den of proof lies upon her u show that she has per
formed that obligation. Tire only evidence that tho
Commissioners furnish Of that fact is that she has
refused 10 perform it. But independent Of this
view OF the the undersigned affirm that The
State having closed her Courts IF Justice against
her creditors, assuming the right to sit in Judgment
on her own liabilities should be exemplary in her
justice. And in all cases honor and that magma.
nimity which should characterize a sovereign, de
mand that she should in all cases give the benefit
OF her doubts 10 applicants to her generosity or her
Justice.
After the reading of the above two reports, the
previous question was moved and sustained The
question was first taken on adopting the report
of the majority Of the Committee, rejecting IN
totO the GALPHIS claim. And upon the Yeas and
Nays being taken, such majority report was adopt
ell by vote 100 to 81!
Thus Overwhelmingly defeated in their efforts w
saddle this doubtful claim upon the State OF Geor-
gia, the next game in the shutting of the cards was
TO get an expression from the Legislature that
Congress should provide for it. Whereupon Mr.
BrRRIEN offered the following preamble and reso.
luton:
"JtheTeas, by the Treaty of 1913, large tract oil
land situated in the then Colony Of Georgia WIS
coded by the Creek and Cherokee Indians to pay of
by the sale thereof the debts due to sundry persons
called Indian Traders and before the full execution
Of said Treaty the War Of the Revolution began,
which suspended all further action under such
Treaty: Ind rhereas GEORGE GALPHIs, who was
an Indian Trader under such Treaty. had claim
amounting to nine thousand nine hundred and
ninety pounds fifteen shillings and FIVE pence,