New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-18
THE GALPHIN CLAIM.
REPORT
REPORT
OF THE INVESTIGATING COMMITTEE,
Made 10 the House of Representatires Ksteyday

The undersigned members OF the Committee 40
pointed TO make investigation into the origin and
nature Of the Galphin Claim, together with such
other matters connected Herewith az may be necee
sary to full understanding of its merits and the
mode of settlement, beg leave to .s.a
REPORT.
That the facts Of the case as set forth in the Re
port Of the Majority Of the Committee exhibit it,
history; and a brief examination of the Opinion Of
the AttorneyGeneral will enable us not only 10 de.
termne the character Of the claim but to decide IN
on the proprety OF the allowance of interest upon
it. The obligation of the United States TO pay the
debt seems to be derived from the fact that aupon
the cession by Georgia TO the language of the
Attorney General TO the United States in 1902 the
latter became liable for the stpulations Of the Urea
ty OF 1913, and bound in law and honor to execute
them" Hor the United States became liable, We
not told but we are left to infer that isasmuch
as the United States became bound by the terms
and conditions Of that cession 70 extlnguish "tho
Indian title to oil the other lands within the State
of Georgia." it became bound 10 extnguish any
outstsisd az title which might be these lands--
Whether this was 20 depends entirely upon shs
fact OF ifs being an Indian title. The United States
were bound to extinguish other; but their obi.
cation to extinguish that was perfect ls.a-'
The Treaty OF 1873 conveyed tho Indian title to
the British Crown. Ii passed, TO be sure, loaded
with the IncuRbraDce OF this claim of Gaphiu. 10.
gether with the claims OF othev but the entire title
Of the Indians passed. The traders executed re.
leases TO the Indians, and the Indians coded the
lands and all the liabilities between the two were
settled and definitely closed Tho legal title vest
ed IN the Crown Gslphin, il may be, mad IN eqai-
table lien, but the remainder was in the Crown and
no reveraonary interest was Left behind. No event
short OF actual repurchase could reinvest the title
IL the Indians They had neither title nor interest
lett-present, prospective or contingent The pro
cesdings u the War OF the Revoaton placed the
State OF Georgia in the stead OF the British Crown,
and abe became seized oi the latters title and sub
ject 10 its liabilities Batwhst snpulsfions or part
Of the stipulations of the Treaty Of me United
States became liable ioE, BY the condtiths Of tho
cessiOD OF lso2, is not easy b. understand
The burden Of THE stipulation TO apply the pro-
ceeds Of the land TO pay Galpbins claim, rested
anywhere, Was Georgia and tne tile TO the lands
" az in her. There was no title TO extinguish for
Georgia's benefit The Len a Galphan, add the In
dian title. were two quite dferen: things The
tile had been successTey tne ute OF the Indians,
OF he British Crown and the State Of Georgia but
the lien remained the lien Of Gaphin II va but
lien At best and could be converted into title only
by proceedings FOR that purpose Az lien n mi1ht
have been discharged, 20 far a. il had effect or n
paired and weakened the Indian title. and ron
he moment Of It's execution it stood IN oppositioo
10 H. .r--.... .. -.
Hthere could be any doaDt about the meaning
4 the phrase A. used in the agreement sndcesso1
u 1902, brief consideration would explain it,
ieorgia had been harassed and annoyed BY the
arsaas 81 the Indians and BY ooufich bstsssa