Weekly national intelligencer., 1850-05-25

The aggregate amount of these debts was about forty v
thousand pounds sterling Great Britain accepted the trus
and undertook dispose of the land, and apply the p
ceed after defayng the expenses incident the negoao
of the treaty and the execution Of the trust TO the paymer
of the deb and should they prove insufficient 10 appI
them pro rata. Il ase understood that Great Bta
not otherwise 10 be responsible for the debts nor wer
the Tndansthe ceson being accepted by the traders in u
payment aud discharge Of their demands
In l775 these claims quidated under the treaty. an
there found due Gaphin in virtue Of his own ogina
claim and of others, which he held by assignment nine thou
sand hundred and ninety pounds fifteen shiop
five pence lawful money Of the then province Of Georgia
and certificate of the settlement and amount of his claim
issued to Gaphn by authority of the Governor and Coun
Gil of said province Under the provisions of the treaty
portion of the land disposed of prior to the com
mencemen of the Revolutions but part of the proceeds
applied to the payment of Gaphius claim, nor far
appears the claim of any other trader Such being IN,
of things, the Legislature Of the State of Georgia. in
January 1880, with view to sustain and aid her in the re-
voonary Struggle passed act recognising the treaty
1878 in regard to these ceed nds providing for the pay
men Of the liens thereon, favor of the traders who were
friends to America in treasury certificates bearing six Del
cent. interest," and also for disposing Of the lands.
10 show mos satisfactorily that the claim of Galphin was
valid lien upon these and and that he entitled the
beneh OF this act we need only refer to the testimony of
single Witness who intimately acquainted with him. and
who member Of the Legislature which passed the ac
referred to. This witness George Walton one of the
gners OF the Declaration of American Independence The
following is an extract from his testimony
"Ths january 17sO) period OF deplorabe hostility
and suffering to the goodeope Of this State and
passed having expressly for its object the extensive
settlements OF that land for the purpose ofmproyng the
increasing the strength Of the State the better op-
the rayages Of the time That the said did further
recognise the principle Of the treaty and claims the traders
and did, provide for their adjustment and payment
in favor OF such friendly to the revolution but the
act being referred to- will speak for ITSELF
The undersigned has only mentioned it because he
chairman OF the committee that reported it because he
tended to is passage and well reeolees its motives its sim
OF the revolution and of this State be the only question
asked upon the claim Of ohsrepresentayes And the arma
ton OF this question is answered by public noorey and
vesal consent Having, however, enjoyed his friendship
his lifemehavng fully known his sentiments to the
nton and been frequent witness Of his exertons in favor
the cannot resist the of paying his individual
tribute of gratitude to his memory and services Who
that has forgotten the exercise and weight Of his Influence in
OF the especially the Greeks Now the undersgn
ed is Of opinion therefore that to dispense with the claim Of
this venerable founded il is dispense with the
justice and laws of the land"
This statement made in 1900. George Galphin died
in 1850 In 1883 his representatives peioned the Legisa
ture OF Georgia for the payment Of this claim favorable
report in regard to it made by committee, upon which,
however, action appears TO have been taken by the eg
laure Application afterwards, in 1871, made to Great
Britain for payment but it refused upon the ground that
Gaphn had been REBEL and, by espoung the of in
dependence had aided in depving her of the very fund
lands upon which bis claim charge The claims of all
the other traders, howevehey having been loyastswere
paid about that time by Great Britain and aUh interest In
1898 the Legislature of Georgia again appealed to for
continued till 1889 The justice of the claim and the meri
toous character and eminent services Of Gaphn revou
tonary patriot, always admitted in the reports the
Legislature, and, with two three exceptions, its pay
ment recommended Still provision made for it. 1t
appears that the claim of Gaphn constituted the only charge
upon these ceded and after the claims Of the other traders
were paid by the berai'y of Great Britain, and that they
have all times been greatly than adequate to ay his
claim with interest No part of his claim paid till
paid by the United Sa,es prior to that time, had either
the United States Georgia paid any thing any way
for these lands They disposed Of by Georgia in aid Of
the revolu Iona portion of them gratuousy to actual
tiers with the defence Of the country at period Of
great suffering and peril and portion in discharge Of militia
ry bounty claims.
In view Of these facts is believed the position may be in
conroveiby assumed that the claim of charge
upon these cded lands to the extent Of the asceaned and
hqudated due him in l775 and interest thereon from
That time and deemed equally clear that Georgia, having
acquired jurisdiction and control them by the Revolution
took them, nevertheless, with the charge upon hem and
having disposed Of them, baund equity and good
science, to discharge this claim and, the fund land
greatly than su lent to pay both the principal and in
eres that she equtaby much bound to pay the
the other Such appears have been her of
justice, and the view Of her Legislature in the passage Of the
act of 1850.
The principle relied on that is responsible for
interest unless he makes interest," has not the slightest app
cation to this the principle without qualification,
true in any casa.
III trustee refuses pay fund.- when properly
demanded and his USE he renders himself
be found But in this case whether interest made
not is wholly mmaerial, the fund itself sufficient
pay both principal and interest," and still leave for the trustee
the lions share.
Without pursuing this branch of the fther pro-
ceed to inquire whether the payment of interest author
lied by the act of Congress. The act is follows
That the Secretary of the Treasury be and he is hereby
authorized and required to examine and adjust the claim of
the late George Gaphn under the treaty made by the Go
vernon Of Georgia with the Creek and Cherokee Indians in
the year 773 and pay the amount which may be found
due to Miedge Gaphn, executor of the said George Gal
phn out of any money in the treasury not otherwise ap
propriated"
manifest that Congress passed this act in view of most
OF the important facts in regard this claim. They sub
stantaly set forth in the report of the committee which
ported the hill to the Senate (which is hereto
nexed and it has been held that accounting officers
may very properly refer to the report of committee
porting bill when there is doubt to the construction
OF the law. Opinions of Attorneys General l59; also,
opinion of Attorney General Johnson in the of De Fran
ca 3Oth May, ls49.) The report in this says Gas
there can be doubt to the equity Of this claim,
the question presents itse Who is bound pay 1.-THE Co
rernment of the United States the State Of Georgia y The
conclusion that the former ought it. The grounds
relied on in support of this conclusion
lst That the obligations Of the treaty of l773 upon Great
Britain devolved by Of the revolution upon the Gov
eminent Of the United States which, having failed to discharge
them, became liable for the payment of this claim.
The report states, 3D.
"That the State Of Georgia appropriated these lands
apart they by the treaty Of 773 for the of
these debts to the public defence that the bounty
rants OF the officers and soldiers Of the Georgia line the
gress approved July 5h 1885, the Of the Unit
ed States provided for certain clim which Virginia had
sumed, TO the officers OF thst State engaged public
vice during the revolutionary II is believed that the
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