New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-21
THE GALPHIN CLAIM.
Minority Report, by Mr.. Breck.

ring in portions Of the report Of the Committee
and more especially in so much thereof az relate
to the allowance ofnterest on said claim, beg leav,
to submit the following as embracing their view
in regard 10 that question:
In the examination OF this question, it is deene,
important to inquire
lst. Whether, in view Of the peculiar character
and merits OF this claim, Justice aud equity re
CURED that interest should he allowed and. If 50.
Cd. Whether the act Of Congress OF Auzust
1915 authorised it's pay ent.
The facts OF the case are fully SET forth In the
| report Of tue Committee, that minute recapitula
ton Of them is rot considered necessary some OF
the most prominent aud material will only be no
ticed.
1t appears that, in 1873, the Creek and Cherokee
Indians ceded by treaty to Great Britain in pay.
meut OF debts due by them to certain licensed Ia
dian traders, among whom was George Galphin
about 100000 Of acres ofvery valuable land in the
then Colony o. Georgia.
TIE aggregate amount of these debts was abont
$4,000 sterling. Great Britain accepted the trust
and undertook to dispose OF the land and to apply
the proceeds sfser deirsying the expenses incident
10 the negotiation OF the treaty and the execution
q the trust TO the payment of the debts and
should they prove insufficient to apply them pro
! rata. II was also understood that Great Britain
was not otherwise 10 be responsible for the debts :
nor were the Indians-the cession being accepted
! by the traders in full payment and discharge of
| their demands.
In I775, these claims were quidated under the
treaty aud there was found due Galphn, in virtue
Ct bis own original claim and Of others, which he
| held by assignment 1871 l5s Sd, lawful money
| Ci the then province Of Georgia and certificate
| Ci the settlement and amount Of his claim is
sued to Gaphin by authority OF the Governor ana
! Council Of said province Under the provisions of
the tr6 atty, some portion Of the land was disposed
/ OF prior 10 the commencement OF the Revelation,
but part Of the proceeds was applied TO the
payment Of alphn's claim nor, so far appears,
to the claim Of any other trader. Such being the
state Of things, the Legislature OF the STATE Of
Georgia, in January, 1850, with view to sustain
and aid her in the revolutionary struggle, passed
an act recognizing the treaty OF 1913 In regard TO
these coded lands, providing for the payment of
the liens thereon in favor of the traders who were
friends OF America, in treasury certificates, bear.
ing six per cent interest and also for disposlng of
the lands
To show most satisfactorily that the claim Of
Galphin was valid lien upon these lands, and
that he was entitled TO the benefit OF this act We
need only refer to the testimony OF single witness
who was intimately acquainted with him, and
who was Member of the Legislature which pass
ed the act referred to. This witness was George
Walton, one Of the sgners Of the Declaration of
American Independence. The following is an ex-
trsct from bis testmony
This January, 1891 was period OF deplorabe hostility
and suffering " the good people OF this State and
Then parsed having expressly pr s object the more
extensive felilemenls Of that land for the purpose OF
proving he interest Increasing the strength Of lie State
the better oppose the ravHges Of the time That the said
act DID iu her recognize the principle OF the treaty ald The
claims Of The traders and did, PROVIDE for their
ID usimeni and payment 10 favor Of such friendly
TO The eVouuon but The act being referred TO, will speak
for Itself
The undersigned has only mentioned it because he wa,
Chairman Of tie Committee that reported IT, because he
suerded 10 rs passage and well recOecIs ne motives Its
sincerity, and intention Of justice Was Geo ge Gapan
Trend AZ The revolution OF hs State be the only
question afktd upon tho claim Of bis representatives And
lhe kirmat Of this question Ia Dy public
Iey eio universal consent Having however enjoyed his
frienoshp IN his hfetime-hHving fully kno n MA SAINT
mems as 10 The revolution, and been frequent witness Of
me eNeIons 70 favor The cannot resist the occasion Of
paying bic own individual tribute Of gratitude hs mem
else weigh his Influence N restraining The inrosd,
and consequent murders aud ayages OF the sayages
therefore tbst TO dispense with the clsim Of this v-nefab
man founded a. NE Is 70 dispense with he justice aad
This statement was made in 1900. George Gal
phin died in 1850. la 1889, his representatives De-
toned the Legislature of Georgia for the payment
Of this Claim. favorable report in regard 70 it was
made by Committee, upon which however, no
action appears to have been taken by the Legisa.
ture Application was sfterward, in 1871, made to
Great Britain tor pay ment but it was refused upon
the ground that Galphn had been a rcje, and, by
espOusng the cause OF independence, had aided in
deprvlng her OF the very fund or lands upon which !
his claim was a charge The claims OF ali the other
traders, however-they having been Loyaists- |
were paid about that time by Great Britain and |
fruh interest. 1t 1893 the Legislature of Geo-ria
was again appealed TO for payment and the appi |
cation was perseyeringly renewed and continued
tll 1889. The Justice OF the claim, and the meri-
tOFous character and eminent services of Galphn
as revolutionary patriot, were ALWAYS admitted in
the reports to the Legislature, and with two or
three exceptions It's ayment recommended. Still
f.VtVgN l..
clam OF GapLln constituted the only charge UPON
these ceded lands, after the claims of the other
traders were paid by the liberalty OF Great Bri.
tam, and that they have at all times been greatly
more than I'd quate TO pay his claim with interest
No part Of his claim was ever paid till paid by the
United states; nor, PRIOR 10 that time had theF
the United States Georgia ever paid ANYTHING in
any way for these lands They were disclosed of
by Georgia in aid OF the Revolutions portion of
them rratultously TO actual settlers with view To
The defense Of the country, at a period Of great suf
ierlDs and penl aLd portion in discharge of mill
tary bounty claims.
In view these facts, it is believed the position
may De hconroyertibly assumed that the claim of
5aiPhn was charge upon these coded lands 10
he extent OF the ascertaned and liauidated amount
Tue him IA ms. and interest thereon from that
line ana It IS deemed equally clear that Georgia,
lavIDg acquired jurisdiction and control over them
~ the revolution, took them, nevertheless. with
ne charge upon them, and having disposed ofthem
vas bound, IN equity and good conscience. to dis
barge this clam, and, as the fund or land was
re atty more than sufficient to pay both the prnci.
al and the interest," that she was equitably as
luch bound to pay the one as the other. Such az.
ears to have been her own sense of Justice, and
he view Of her Legislature in the passage Of the
ct Of 1850
The principle relied on, that trustee is not re-
oonsble Tor interest unless he makes interest has
Of the slightest application to this case nor is the
TlIciple without qualification, true in any case.
II trustee refuses 10 pay over a trust fund,
hen properly demanded and converts it to his
"n use, he renders himself responsible for inter-
81 and no authority to the contrary can be found
ut IN this case whether interest was made or not
wholly mmsteral, as the fund itself was sufi.
emf to pay both principal and interest, and still