Weekly national intelligencer., 1850-06-01
NATIONAL INTELLIGENCER.



honor Of an acquaintance with any one who has
been at all implicated in the matter OF she Galphin
claim have felt no other interest In regard 10 he
investigation which that matter has ELECTED, than
such as every general reader naturally feels In
matter which has become prominent topic of dis
cussion in Congress and in the newspapers. |
have, however read with some care the Report of
the select committee Of the House on that subject.
as well as the arguments submitted by the three
several branches of the said committee and. N
have perused these documents unnfuencedb by any
feeling either Of political or personal character
trust have been able TO give them candid and
impartial consideration.
1t strikes me that part Of the argument SUBJ
mitted by Messrs. Burt and Jackson, and q
very large proportion of that submitted by Messrs.
Disney, FEATHERsroN, and MANN, Is devoted
to question altogether foreign 10 the subjects
submitted to the committee for investigation. 4
refer to so much of said arguments, respectively,
as attempt to show that Galphin had, prior 70 the
act OF August IA, ls4S, no legal claim against the
United States, under the treaty of l773. cannot
suppose that it was the intention Of the House Of
Representatives, in instituting this investigation. 70
call in question the action OF the late Congress In
passing said act The true subject of inquiry was,
whether, under said act, the interest as well rs
the principal Of said claim was rightfully and le-
gally paid! Whether said claim was originally q
valid and legal claim against the General Govern
ment not, matter altogether foreign to THIS
issue, inasmuch as Congress had, by express law,
directed the Secretary of the Treasury "to examine
and adjust the claim Of the late George Gaphin under the
treaty made by the Governor of Georgia with the Greek and
Cherokee Indians in the year l773 and pay the amount
,uaica may be found due Mledge Gaphn, e1ecuto"
&C. The question, therefore, is whether the General
Government under any obligation to the payment
of this claim but hoo much did she Did the Sc
creary Of the Treasury pay than the act Of Congress
authorized and required him 10 pay Upon this question
propose to submit few remarks
II is important be borne in mind that the act of August
a. ls4s does direct the payment Of the sum that might
be found Justly due from the United Sta from the State
ofGeogia, from Great Britain, from any other party
in partcuarbut simply the amount which might be found
due to Galphins executor under the treaty l773no matter
from ,abat party DUE For more than half century the
question in regard this claim had been, not whether
Justly due but from ,ohom due By passing the act
Of August H. s4s Congress- cut short this vexed question:
by assuming the payment not Of par but all that
due Gaphn's executor under the treaty Of l773.
very clear that interest juty and legally due to Gal
phn upon said claim from any party, Congress assumed
the payment for the act expressly directed the payment
Of vhatepey might be found due under said treaty, without
reference to the questions to hat party due from,
whether due principal interest The question, there
FORE is was interest due Galphins executors under said
treaty, from any party? No member OF the committee has
undertaken to controve the fact that interest," well
principal, justly and legally due to Gaphn's executor
from some party In the argument Of Messrs BURT and
JACKSON the obligation of the State Of Georgia pay the
claim, soh Interest, is most distinctly admitted and clearly
demonstrated as will he seen by the following extracts from
the same
sThe Indebtedness Of the Indians George Galphn and
hy of
1773 and ard valuable lands the State of Geor-
ga ceded TO the Crown Of Great Britain to discharge
them The lands to be sold by the Grown, and the
proceeds of the sale thus appropriated The due to
George Galphin ascsaned by commissioners to be nine
thousand hundred and nneyone pounds fifteen shl
ings and five pence and certificate for that delivered
to him. The commissioners Of the Crown proceeding
to sell the lands when the revolution arrested them It's
suits defeated the performance of that duty ovehew the
sovereignty Of Great Britain in Georgia. and gave that
State not only the title 10 the lands but the sole jurisdiction
and control them. She disposed of them bounes
her officers and soldiers, who faithful to the Of
America in the revolution, and in grants actual settlers for
the protection Of her frontier against the Indians
"These creditors, in consideration of the cesson of
the lands by the Indians executed solemn release Of their
debts against them, and relied the engagement of Great
Britain to apply the proceeds Of the sales Of these lands the
payment Of their demands The act Of the British colonies
and Georgia them rendered the performances Of this
engagement impossible and gave Georgia the lands All
the benefits and advantages that constituted the consideration
for this compact the part Of Crown accrued to Georgia.
LOOK SU1ect 20 Mc cnQgeS Ihen
came bound the Crown dispose Of them for the pur-
poses for which they ceded Having applied them to
her use, she became liable for the debts The Crown
having paid the debts the Indian traders who remained loyal
TO their Government only the debt of Galphin remained
charge upon the ans Georgia has always admitted debt
Of Gaphin against the Indians be clearly just and unpaid
and, in the opinion Of the committee she clearly liable
to pay II, unless the lands inadequate fund.- This
she has alleged Besides, the evidence satisfactory,
from the quantity and description of the lands that their value
was immensely greater than the of all the debt be
paid Whether Georgia liable for interest Gaphr's
debt could be determined only by her Of her duties
She alone could prescribe The Of her justice her
bounty. ."fs $50 s1ss . T3nt pavment of ,he min
cpa and interest by Great Britain Of the debts Of the Indian
traders who adhered to her fortunes would an admission
that according to her Of their rights interest sas
them Georgia hare entertained the same opinion
as, In 1880, she passed Law authoziug the payment ,o
interest," Of the claims against these hnds held by those whose
claims should be found 10 be just and who had been friends
to America But while she has always admitted the Justice
OF Gaphn claim and his valuable services in the the
revolution, she has steadily refued pay it. fair
ference however, that her refusal the consequence her
conviction that the United Saes and Georgia. bound
to pay it. Yet Is undeniabe that she LIABLE the frs.
instance TO pay this claim and could call upon the United
States to relieve her from that obligation only the ground
that these lands had been appropriated not to her exu
svely, but to the Of ell the States that the
latter had assumed, expressly, the obligation pay the claim
Now, let ask the candid reader is not The obligation Of
the State Of Georgia to pay this claim, ih interest most
clearly demonsrated by the foregoing extracts from the report
of Messrs Bunr and JACKSON Let me recapituate the
facts and deductions therein set FORTH which, my mind