Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-25
SIX DOLLARS PER ANNUM.

for want OF time am unable now to go into an ex-
amnauon oil the cases in which interest has been paid
where there was express provision for it in the law
embracing the claims. AS have already said think
the Virginia Communication claims are an answer to the
objection; but the claim question stands upon grounds
higher and stronger than these
Here, beside the obligation resulting from assuming
as was done by the act OF 1913, this debt of GEORGIA
because OF the appropriation by her OF the lands charged
with the debt to the common cause which all that
existed IN the Virginia cases. there exists this additional
ground that by taking the ceSsion from Georgia, in
1907 pe bound ourselves TO ertinguish all outstand
ing titles to the ands within the limits of Georgia. and
are therefore compelled in good faith to pay this debt
winch, by solemn treaty stipulation then, and
must must remain until paid, lien on such lands And, in
tne last place, that looking to the circumstances pre-
ceong the act OF lS48, stated in the memorial of the
claimant and In the report of the Judiciary Committee
and looking to the words of the law ITSELF have no
doubt was and should have been the purpose of Com
gress 10 pay the interest well the principal OF the
cam ms IN my opinion, due to the services and
sacrhces OF the ancestor of the claimant to the mere
as trustee OF the lands charged wiz he debt to the OBJ
lgatlon to Georgia to indemnify her against it, because
OF her application OF the lands far as disposed Of 10
the promotion OF the common cause Of the revolution
and above all, to the duty which Congress must have
iet OF securing to her own citizens that full of
justice demanded by the treaty stipulation of l773
winch England, under much less imperative circum-
stances, SO promptly rendered to her subjects
AS am not able to find a reason why the interest
should be made to cease short OF the passing of the
OF 1915 am tor the reasons already stated of opinion
That the amount is large one, although it calls
ior as It has received atmy hands, most careful ex-
animation, is OF course against its allow
ance
A government never presents itself in a more COM
mandIng and eevat ed condition than when il answers
fully to all just demands Whilst guarding as it should
against unjust claims, and resorng to all proper pre-
cautions to that end, 1t Should with the care, and
with view alike to its true interest and character
sedulously abstain from doing in each case any thing
but full and ample justice
1t Is under a convection that this will not be done
in the present instance by any thing short the entire
payment of the demand, and from a full conviction
that the law OF lS49 authorizes and calls for its paw
ment that | have to the conclusion here stated
have the honor to be- with high regard your obed-
ent servant,
REvERDY JOHNSON
Hon. VIM M. MEREDITH,
Secretary of the Treasury
The opinion gave is not as full as should have
made it, had taken more time in its prepare ton
But, it the committee desire it, will supply this in part
by putting them in possession Of some ofthe authorities
on which it was formed. These were Of several clas-
SEES.
First Those in which, under circumstances not
stronger than this claim presented, the United States
IN their dealings with other nations, have uniformly
demanded interest
Second. In which Congress has itself in terms piyen
interest 10 individual claimants.
Third. In which, without such terms and under
| language not comprehensive than that of the
Gaphtn act, the accounting officers have allowed in
| partment,
Fourth. In which, under the opinions of my prece-
| decessor interest has been allowed
Fifth. In which the courts of the United States have
adudged it against the United States
Sixth In which, by the laws Of nations and the de-
! csions of prize courts it has been allowed
Seventh. In which words similar 10 those in the
treaty of 1878 have been held charge on land gran
ted or devised; and in which, also, words similar to
those in the fourth article OF the session OF Georgia to the
United States, of the Oath April, 1902, have been held
to embrace such title interest as the Indians and
Galphn had in the lands ceded by the treaty of 1773
Eigth. Which show that Georgia held the lands so
charged with the claim trustee bound to the same
extent that England would have been bound but for
the, revolution, TO have paid the claim, principal
and interest," and that the United States by virtue of the
cession of 1902, bound in good faith to Georgia
to execute the trust and designed do So by d.
recng the claim, to be examined adjusted, and paid.
| say the whole claim; for distinction was made or
intended by the act Of s4S between the claim for inter-
est and that for principal although having before them
the fact of the amount ofthe principal, would have
been matter ofcourse had such been the design have
confined the authority of the Secretary to the payment
OF the principal. REVERDY JOHNSON.