The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-02

The 0.Iphin CIsinA.
We commence TO day the publication Of the evidence
reported by the select committee appointed to examine
into The payment Of the Galphin claim. Of which Mr.
Secretary Crawford was part owner. We have already
published all the reports-four in numberwhich ema-
mated from that committee. We shall continue the
publication until the whole document is concluded,
and the whole case is laid before readers When
that is done, we shall submit such comments on the
whole transaction may seem TO us just and proper
In the mean time, We content ourselves with short
summary OF the case. that our readers may under
stand the evidence as il progresses.
Before the war OF the revolution, George Gaphin, an
Indian trader held claims against the Creek and Chero-
kee Indians Of Georgia. Other traders held similar
claims against those tribes and the Creeks and Chero
KEGS in the year l773, entered into treaty, by which
they conveyed to the British Crown certain lands in the
then colony Of Georgia. in trust for the payment Of
those debts and demands This cesson accepted by
the creditors Of the Indians full payment and salts
faction OF their liabilities and the British government
undertook to execute the trust. but with the express
declaration that would not become responsible for any
deficiency in the amount realized from the lands
veyed.
In 775 the claims against the indians were considered
when appeared that the Of $435ls 81 was due to
George Galphn in his own right and as assignee Of
other Indian traders and certificate Of that settlement
was issued to Gaphn by the governor and council OF the
colony Of Georgia The revolution broke out soon after,
and the British government could not execute the trust
further than il had been executed which but partial
y small portion only Of the lands having been sold to
defray the preliminary costs and charges.
In $780, the Legislature Of the State Of Georgia passed
an act recognising the treaty Of i773 yet dposng Of
the lands coded by the Creeks and Cherokees BY that
treaty. in order to enable the State to carry the revou-
tonary contest providing, at the same me for the pay
ment Of the liens thereon in favor Of such OF the Indian
traders as were favorable TO the American cause, BY
treasury certificates bearing six per cent interest. and
payable in two three, and four years. George Galphn
was patriot and it seems clear that his claim pro-
vded for by this act but he died in 1850 the year Of its
passage without applying for payment under its provis
IONS In 1882 his personal representatives applied to the
legislature OF Georgia for payment of the claim. A
committee reported favorably but the report never
acted on and Thomas Gaphin the executor of George
Galphn. agent TO England to demand payment Of
the British government which had satisfied the claims of
those Indian traders who had remained true to British
interests during the revolution. This application was
refused And here is proper to remark that the Crown
never admitted any Indebtedness to any Of the Indian
raders-not even to those whose claims satisfied by
that government Mr.. George Rose. the principal Sec
rotary of the Treasury, remarked "tha the whole act
for emunerang the royalists act gratia, and
not eI dcbito in other words, that the claims paid
not because valid legal claims against the British govern
ment but as an act Of gace-of avorbecause they had
forfeited their lien on the Georgia lands by remaining
faithful to Great Britain
After the claim was rejected by the British government,
again presented to the Georgia Legislature in 1893
Ii was referred TO committee which reported that the
State of Georgia had sold and disposed of the lands coded
by the Creek and Cherokee Indians and that the Gaphin
demand ought be provided for under the act Of 1850.
TO which we have already referred. This report was
agreed to by the Senate OF Georgia subsequent COM
mittee reported that the claim Of George Gaphin
just and provided for by the act Of 1880 A
mittee OF another Legislature reported favor OF the
claim, stating that it was recognised by the act Of l7so
and still another committee reported that. by the act Of
$780, the State Of Georgia assumed the debt to Gaphin
In lsla committee reported that the claim was good
against Great Britain, but not good against Georgia In
1897, another committee recommended the payment OF the
claim alleging that the State of Georgia had appropra-
ted the lands charged with the debt by granting them
her citizens.
1t will be seen that for than thirty years the only
question was, whehes the Galphn claim should be paid
by Great Britain by Georgia; and does not to
have occurred to any one that the United States could be
held answerabe for it, Several committeesfve out Of
sxfrom 1898 TO 1927 reported that the claim should be
paid by Georgia. giving for their reports the unanswerabe
reason that the act Of I7so Acknowledged The claim, and
that he State Of Georgia had appropriated the lands
charged wiih its payment.
| In 1885, the treaty Of New Echota was concluded
with the Cherokee Indians, and provision was inserted
therein requiring that the United States should pay the
Galphin claim without expense to the Indians This
provision was stricken by the Senate, and the treaty
was ratified without il.
| In 1896, direct application was made TO Congress,
when the Senate instructed its Committee on Indian At
fairs TO inquire into the matter. That committee called
for information from the Executive Of Georgia The in
formation was furnished, and the committee in 1898,
reported that II the coded landslide trust fund-had in
ured 10 the benefit Of the United States il the United
States had acquired the power dispose Of them, the
demand ought TO be paid out Of the treasury but mas
much as the lands in State OF the Union which had
the control OF Them and the right dispose Of them
cordng 10 her pleasure, without consulting the United
States, and nasmuch the government Of the United
States never acquired any title to the lands the pow
er TO carry the trust into effect any control the
fund.- the claim not valid against the general gov-
eminent