The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-21
THE r EPU Bill G..
REPORT OF THE COMMITTEE ON THE
GALPHIN CLAIM.

The select committee 10 whoin were IsieIteo
Communication from the Hon. George w Craw-
ford 10 the Speaker of the House, OF I'd OF April, IN
the following words "My official connexion with
the government authorizes me, in my Judgment,
10 ask and have acceded TO me by the House over
which YOU preside, prompt and full investigation,
in such manner as IL may think proper, oil my con-
duct and relation TO the claim OF the representatives
of George Gaphin, which claim has been adjudi
Gated and paid at one of the departments of the
government, and is attracting public atten
tom" and resolution of the House, of the 18th o
the same month, iustructing them "to make full
investigation, and report to this House the origin
and nature of said claim, the circumstances attend
ing its prosecution before the departments of gov
ernment, and the passage of the bill authorlz
ing the payment of said clam; the names OF agents
who have so prosecuted and urged the same; me
amount paid ON said claim, both of interest and
principal, and whether the same has been paid IN
conformity with law or precedent; the names Oh
the individuals to whom the money mas peen pald,
and the amount received by each; the interest oil
thepersons so receiving said money In sad claim;
and now said interest in said claim has originated
to each Of said persons and all matters IN any wise
pertinent to the nquiry''-haye made full and dill
gent inquiry touching the whole subject, and sub
nit the following
REPORT
Prior TO the year 1918, George Gaphn, the origi
nal claimant, was licensed trader amongst the
Creek and Cherokee Indians in the province OF
Georgia These Indians became indebted TO him
and other traders III large sums OF money George
right and assignee of other traders The In
dians represented to have been destitute OF the
means of paying these debts without selling part
of these lands, and in 1913, they coded, for this
purpose, TO George the Third, King of Great Bri-
tain, tract of healthy and fertile country, con-
tanning about two million five hundred thousand
acres. The tract accepted, and commission
ers appointed to sell the lands and pay the
debts due TO the traders. The lands were con-
sdered ample for that purpose, but the king care
fully protested that the government OF Great Bri-
tain should not be liable for any part OF the debts
of the traders, in the event Of the lands producing
insufficient fund In that case they agreed TO
lose III proportion TO the amount OF their debts
The traders, in consideration of the cession OF the
lands by the Indians, released their demands
against them. Commissioners were appointed to
sell the lands and apply the proceeds TO the pay
ment of the debts. The governor and his council
ascertained the sums due the traders respectively,
and found due to George Galphin nine thousand
seven hundred and ninety-one pounds, fifteen shil-
lings, and five pence For this sum n certificate
issued to him, dated the I'd day of May, ITS
The commissioners disposed of portion OF the
lands, but how much does not appear, and applied
the proceeds to the payment OF expenses which had
been incurred in making the cession, and i'll per-
forming their duties under it. They applied none
Of the money TO the debts of the traders. George
Galphin received nothing from them. Meantime
the war OF the revolution commenced, and by its
successful result the execution of the trust was de-
feated, and the lands themselves were no longer
subject to the control of the king.
years, granted TO actual settlers, and to soldiers
who had been faithful TO the cause ofindependencc
considerable portions OF her vacant lands lnolud-
ing the lands which had been coded by the Indians
for pay ment of their debts to George Galphin and
others But no means are accessible OF ascertain
ing the quantity value of these, or the other
cant lands which Georgia granted as bounues TO
revolutionary soldiers, although there is evidence
that considerable portion of the lands ceded by
the Creeks and Cherokees in l773 was thus applied.
The fidelity Of George Galphin TO the cause of indie
pendence having been made question, the commit
tee made full inquiry into the matter and are quite
satisfied that he promptly and firmly refused TO take
the side of the Crown, and a decided advocate
and supporter of the independence of the colonies.
His great influence with the Indians caused them
to resist the opportunities of England, and re-
trained from taking part i'll the war de was cape
cially and peculiarly the means of avcrting, to a
great extent, from Georgia and Carolina, the cru
elites and atrocities Of Indian warfare. In $780,
Great Britain made an appropriation for the pay
nent OF the debts OF the traders with the Indians al
though the lands which had been conveyed for the
purpose no longer subject TO her jurisdiction.
An act Of the Legislature of Georgia, passed at Au
gusta the 23d of January l7SO, asserted the right
of that State to the lands which ceded to the
king of England in 1913, and provided ''that any
person having, or pretending to have, any such
claim, do lay their claims and accounts before
this some future house Of assembly to be ex-
amined. Whatever claims shall be found just
and proper, and" due to the friends OF America,
shall be paid by treasury certificates for the
amount payable within two, three, and four years,
and carrying six per cent. interest" George
Galphin died in 1850. Thomas Galphin, his son and
executor of his will presented his claim 10 the egis
lature Of Georgia in 1859, and favorable report
was made upon il by the committee; but the report
not acted upon by that legislature. In 1871
hc sent an agent Of intelligence and influence
to England 10 present il 10 the government; but IL
was rejected because George Galpbin had been a
friend Of America IN the revolution. After its re-
lection by the government Of Great Britain, il was
paIu q
1893. The committee to whom il was referred re-
ported "that the debt and demand of MIR. Galphn 3
estate ought to be provided for agreeaby to the act
of assembly OF this State passed 23d January l7sO,
as being not only plainly within the meaning and
letter Of thatact, but substantiated debt
against the State, who has sold and disposed Of the
lands coded for the payment thereof TO its own
by which, your committee are Of opinion, the State
has made itself liable for the same every princi-
pie of justice and equity;' and they recommend
'that audited certificates should be directed to be
issued 90 the memorialists attorney and agent for
the cum Of nine thousand seven hundred and nine
ty-one pounds fifteen shings and five pence ster-
ling money Of Georgia" This report was agreed
10 by the Senate. committee Of a subsequent
legislature reported that the claim of George Gal
phin was clearly just, and was provided for by the
act Of 23d Of January, 1850, and recommended that
especial provision be made for the payment Of nine
thousand seven hundred and ninety pounds
hiteen shillings and five pence The committee OF
another Legislature reported as follows: alt appears
10 your committee that this claim is based upon
justice and equity; that it is recognised by the ACT
Of 1850, and that it is the obligation of the State &C
discharge il, which the honor and honesty of the
State impose" and recommended "that there be
paid 10 the heirs, executors, and legal representa-
tycs Of George Galphin, deceased, their agent OF
attorney, the sum Of nine thousand seven hundred
and ninety-one pounds, fifteen shilngs and five
pence with so much interest may be considered
just and equitable from the date Of the certit
cate" committee of another legislature re
ported: Impressed with the justice Of clairn
similar to Mr.. Galphin's, the legislature Of th
State, i'm the year 1850, did pass the act SC
forth in the memorial, thereby not only having as
sumed the debt, but guarantying its payment will
interest that the memoriast, shortly after TIA
establishment Of Independence, applied 10 the gen
cra Assembly Of this State 10 comply with thci
solemn engagements, but the funds Of the countrI
being small and report having gained groun,
that a provision for the discharge of such claim
had been made by Britain, the memorialist was il
the first instance referred 10 Great Britain" AM
they recommended "the propriety OF making suc
arrangements for the satisfaction Of the claim a
may at once demonstrate the high estimation il
which patriotic services in the revolutionary wa
at this day held, and cvince the justice Of tn
State Of Georgia" committee Of the Legisa
turc, in 1927, recommended the payment Of tn
.I.l.f