The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-06

GEsTLEMES Having no interestin the claim which
is considered, no knowledge Of any OF the parties
concerned, and never having even conversed with
any officer of Government on the subject, but anx
ous alone for the preservation Of those principles
Of law and public justice Ia which every citizen is
interested, respectfully solicit the insertion Of the
enclosed communication In the Republic
The Galphin Claim.
The act of Congress approved l4th August. 1916,
requires ''That the Secretary Of the Treasury be,
and he is hereby authorized and required to ex-
anime and adjust the claim OF the late George
Galphin, under the treaty made by the Governor
Of Georgia with the Creek and Cherokee Indians
in the year l773, and to pay the amount which
may be found due to Milledge Galphin, out of any
money in the treasury not otherwise appropri
ated."
In conformity with this act, the Secretary Of the
Treasury, with the advice of the law officer of the
Government, found the amount due to Galphin'
under the treaty, to be, in l773 f9,79l los 3D.,
which has been paid by the Secretary with interest
thereon.
II is not denied that the amount stated was due
to Gaphn under the treaty, and, if this be so, it
follows, as consequence, under the provisions of
the law of Congress, that it was the imperative
duty OF the Secretary to pay the amount of the
claim. The claim Of Galphin was claim for prin-
cipa and interest If the principal was justly due
in l773, which is not questioned, then. from the
nature of the claim, interest followed legiti-
mate consequence
The Secretary was bound to pay the claim
arising under the treaty Of l773.
Was the Secretary, in constituting this law of
Congress, to be governed by usage of his Depart
ment, under our municipal laws, or by the public
law Nhnt,o s,al
such cases, is the rule Of the public law? The true
answer to these questions will furnish key for a
just Interpretation.
The position can be maintained, that he should
have made the payment as he did, either under do
mestc usage, under the principles of the public
law. To correct an error which has been pro-
claimed, it is necessary to state that this Govern
ment does pay interest in domestic cases, as will
be shown; and it cannot be controverted that the
universal rule of the Public Law is to allow inter
est in all cases Of just claims.
II appears that, in l773, the Indians made ces-
sion of about 900 Of land to the British
government, IN trust, to pay various traders,
under which commissioners were appointed to
liquidate the debts and dispose of the lands, and
pay the proceeds thereof to the traders.
Before this trust executed by disposition
of the lands, the war of the Revolution occurred.
Georgia disposed of these lands Crust property by
giving them as bounty lands to soldiers, sc. In
1850 Georgia admitted her appropriation of the
trust property, and invited presentation Of the
claims of those injured, and offered her certificates,
with interest thereon for the amount, to such as
had been " friends of America" The other ira
ders joined the of Great Britain; and although
they and the British government lost the lands by
the contest, still the government of Great Britain
both md ,ofe oil
joined the cause of the Revolution, but applied to
the British government for payment, which rejected
the claim, upon the ground that he false to
their interest. He applied to the Legislature of
Georgia, which admitted their appropriation of the
trust property and the justice of the claim, and
various committees reported bills for the payment
of principal and interest. But the State of Geor-
gia had coded TO the United States the territory
which now forms the States of Mississippi and Ala
bama, and as this property-now comprising some
three counties in Georgia--was used to secure the
cause of Independence that State thought that the
Government of the United States should pay this
recognised and admitted just debt; and accord
ingly Congress did, by the act of lS4s assume the
whole liability, and required the Secretary of the
Treasury to pay the same.
The claim has always been urged for payment Of
principal and interest," and if due under the treaty.
the law of ls4s required the Secretary to pay the
claim.
Mr.. Secretary Walker, the close of his ad-
ministratve duties, paid the principal under this
law, and reserved, very properly (or want of tme,)
the question Of interest to be carefully consi dered
by his successor. Such, briefly, appears to be the
history Of this claim.
Should the question of interest be considered un-
der our domestic usage, or the Public Law?
The broad assertion that this Government does
not pay interest, is un5ounded in fact As gene
raj rule, this may be true in domestic cases. Chief
Justice fancy, when he was Attorney General, in
the case Of Major Tharp, September 10, 1881, (At-
torney Generals opinions, page Sal } says:
That am not aware Of any statute of the United
States that forbids the Secretary Of War, or the
accounting officers, to allow interest to a claimant,
If II shall appear that interest is justly due him."
elf in Major Tharp's case, or in any other, the
Secretary Of War, upon review Of the whole evil
dence, should be Of opinion that interest is Justly
due to the claimant, think he may legally allo,c
IT,"
The same principle is laid down by Mr. Attorney
General Butler in the 0'Sullivan case. He says:
alt is obvious that the difference in the value of
the vessel is not the whole loss sustained the
beneficial Of the vessel is also Lost To the party
during the whole period Of the detention and, for
this loss, interest her prime value Ia the lowest
rate Of indemnihcation. Attorney Generals
opinions, page Lis.
Also by Mr.. Attorney General Nelson under the
act for the relief Of Charles r. sibbald.
Then, upon domestic usage, the Secretary was
bound 10 alloto interest " he thought Il just
But there is higher and well recognised princi-
pie oflaw which covers this case, and which enjoins
the allowance Of interest the lowest measure Of
justice in such cases-the jus centrum.
The law Of Congress requires the Secretary 10
adjust and pay the claims under the treaty of l773
A treaty is compact Of the highest national dig
nifty, and lie fair and legitimate construction IL
controlled by the principles Of the public law.
Wherever trust property is misapplied; wher-
ever property lie injured or destroyed wherever
wrongful seizure is made-the rule Of the public
law is universal, that interest IL allowed as the
very lowest measure Of satisfaction.
This trust property, worth vastly more than the
amount Of the claims upon It, had been diverted to
nt,blir t1eca. and unon every nrincinlo NJ