The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-24


Great Britain; and, by express provision insert
ed in the treaty. the debts OF the Indians 10 these
traders secured TO be paid from the proceeds
Of the lands coded, which thus became charged
with their payment.
'The king afterwards, in the year l775, ratified
the treaty, and directed instructions to be issued
for the appointment Of commissioners under IL, to
liqudate the claims of the traders, with view TO
their payment out Of the fund thus provided for
that purpose. Before these commissioners Gal
phin's claims were proven to the amount Of nine
thousand seven hundred and ninety-one pounds
fifteen shiings and five pence sterling money OF
| Great Britain, and would unquestionably have
| been paid by that government had not an event
occurred which totally changed the relations which
| existed between the colonies and the mother coun-
try, and arrested, and as it has resulted. entirely
destroyed, all prospect OF settlement in that quar-
ter.
"That event was the war of independence which
broke out in l776 the year after the liquidation OF
| Galphin's claims by the commissioners; and dis
regarding all other considerations than those of
patriotism and love of liberty, he, with magnan
| unity and self-devoton, the extent OF which was
proved by the entire loss Of his claims threw him.
self into the ranks Of the opponents Of tyranny and
oppression, and manfully and faithfully adhered
TO them and their cause throughout the trying Pc
| Rod during which that struggle continued. And
| such was his devotion to his country and the eff
cheney OF his services against her enemies, and
| important did the British government regard his
destruction to the of their cause within the
sphere in which his services were rendered, that
resolution passed the Parliament attaining him of
high treason, and price was set upon his head
| an outlaw and rebel
"The price Of his patriotic devotion to his country
was the loss Of his claim against the British gov.
| been paid but for this cause. Other Indian ira
ders, whose claims rested upon precisely the same
grounds as that of Galphin's, and were provided
for by the same treaty, but who adhered to the Bri
fish side in the Revolution, paid by that gov
| eminent; while that of Galphn's heirs, he being
now dead, was rejected because of his adhering to
the side OF popular rights against an arbitrary and
| unjust government.
.sThe lands coded by the Indians in l773 to the
crown of Great Britain, for the sole purpose Of dis
charging their debts to the traders, on the success
of the struggle for independence, passed into the
possession OF the State Of Georgia, and now const
tute several counties and parts vi counties within
her limits. Relieving the liability of those lands
for the payment of their debt still to follow their
change OF ownership, the heirs Of Galphin prose-
cuted their claim before the Legislature Of that
State, but were never able to procure its recogn-
ton by more than one or the other branch OF that
body; for while all agreed in its justice and equity,
doubts entertained by many To the obligation of
the State to pay it operated to defeat its success.
Gas there can be no question as to the justice
equity of this claim, the question presents ITSELF
Who is bound to pay it? The Government of the
United States, or that of the State of Georgia.
Here was a debt secured by express treaty stpua-
| ton between the British government and certain
| Indians, and no obstacle remained in the way To
| its payment as provided for in the treaty; it had
become vested right, and but for the revolution
| which interviewed would have been acquitted and
| discharged. The revolution not the act of the
State Of Georgia. She was merely participant in
what was the common, glorious act of all; it was
by no special act of hers that the treaty by which
this debt was secured was set aside and il would
| seem, that, being only sharer in the act which
caused the rights secured under it to be Disregard
ed, she could scarcely be called on to meet the
| whole responsibility, which should be the Joint
sponsibilty, as its benefits the joint benefits
| OF all who contributed to its accomplishment As
well might any single State be called on to indem
Nifty citizen of the United States against the act
| Of the General Government, because he resided
| within her limits, that the State of Georgia
should be called on to discharge this debt, which
was arrested in its payment by the revolutions
which may, considering its consequences, be called
| a national act, and which transferred from the
British government, against which Galphin's heirs
could now have no claim. to that of the United
States, their right of appeal for its settlement. By
| the act OF the revolution, the government which
followed, and of which Galphin, as he had contrib
uted to its establishment, claimed the protection,
transferred TO itself all the obligations which
listed prior thereto the part Of the government
which by il was set aside, far the claims of
similar character with the present were concerned
1 The Government of the United States stands
in the relation to the Indian tribes that Great Bri
tain did prior to the revolution And the obliga
tons Of the treaty entered into by that government
i with the Creek and Cherokee Indians before that
event, which had for its object the payment of the
just debts OF the traders, would seem to devove
the United States, wherever it could be shown that
the claimant had fixed that obligation by his sup
port OF the government substituted. That the obi
cation runs further is sufficiently manifest, and
| needs argument. The government of Great
Britain paid the debts of the Indians to such traders
as had espoused her cause, and rejected Galphin's
who opposed it. And il was the duty of the United
States, of whose government Galphfn's heirs
now the subjects, to prosecute theirs, and, failing
to do have made themselves justly liable for its
payment.
| Apart from the considerations above set FORTH
the State of Georgia appropriated these lands-set
apart as they were by the treaty Of l773 fund
for the payment of these debts-to the public de-
fence; and the bounty warrants of the officers and
soldiers of the Georgia line in the revolutionary
army were located upon them. By an act of Con
gress approved July 5, 1882, the Government Of the
United States provided for certain claims, which
Virginia had assumed, 70 the officers OF that State
engaged in the public service during the rcvolu-
tonary IL IL believed that the principles of that
committee think ought 10 be allowed, and accord
| ingly report bill for his rclicfn
The following is the bill which accom-
panied the last report, and which passed
both Houses of Congress-:
"CHAP. lss.--An Act for the relief Of Mledge Gal
phin, executor of the last will and testament OF
George Galphin, deceased
"ISEc. IL Be IL enacted by the Senate and House
Of Representatives. of the United States of america in
Congress assembed That the Secretary Of the Trea-
sury be, and he is hereby authorized and required
TO examine and adjust the claim Of the late George
Galphin, under the treaty made by the Governor
in the year seventeen hundred and seventy three,
and to pay the amount which may be found due TO
Milledge Gaphin, executor Of the said George
Galphin, out Of any money in the treasury not 9th
erwise appropriated
Approved August ID, 1884,
Clearly, if blame rests anywhere, which
we by no means admit, on account of the
payment of this claim, it rests upon Con-
gress, under whose instructions and re-
quirements it was paid, and not upon the
officers who, in allowing it, only followed
the instructions of that body. In connex-
ion with these reports we publish the evil
dence given by the Attorney General be-
fore the committee.
Testimony Of the Attorney General.
The case of the claim Of Gaphin's exec utor was