Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-21


I His claim not against Georgia, but originally
against Great Britain, and subsequently against the
United States; because it under treaty stipulation,
the tulflment OF which devolved, by change of 60
vernment not on Georgia. but ON the government of
| the United States, which had succeeded 10 that of
Great Britain receiving the benefits and bearing the
burdens. The claim of Mr. Galphn has always been
considered Just by Georgia. but she has denied that she
is liable to the payment of it, and has therefore uni
fomly refused tc do although there have been some
reports made by committees OF the other branch
of the Legislature, recommending the payment by Geor-
| gia."
| Commissioners were appointed to examine this
claim by the State Of Georgia and they made report
against its payment by that State Their report was
committed 10 committee of the house of representa-
tves of that State in 1889, and the committee approv-
ed the report of the commissioners. The house agreed
to their report. Resolutions were then offered in the
house. requesting the senators and representatives of
the State of Georgia urge the payment of the claim
OF Gaphin by the United States. These resolutions
laid on the table.
In 1910, committee of the House of Representatives
of the Georgia Legislature made report favor OF the
claim, and recommended the payment of interest the
same from 1873. A minority OF the committee of one
made report adverse to the payment of the claim by
Georgia The house agreed to the minority report A
resolution nsructng the delegation in Congress to urge
the payment OF the claim by the United States was then
introduced
The committee do not find that any further or subse-
quen proceedings were had in the Legislature of Geor-
gla on the subject.
ported thait the trust fund at the close of the revol-
ton had Injured the benefit of the United States or if
by virtue of the revolution they had acquired the power
to dispose of it. there ought be hesitation in salts
tying this demand out OF the treasury of the United
States but this not the The fund was land;
this land was situate within the limits of of the
United States. The State where it was situate acqur-
ed the control it, and had right dispose of it,
when and to whom she pleased, and to apply the pro-
ceeds according to her pleasure without consulting
the government of the United States As the govern
ut tho tIntod Sfafao
and no power to carry into effect the trust, any
way to control the fund.- the committee can see no
ground upon which they authorized to recommend
Its payment This report does appear have been
| acted on by the Senate.
This claim was presented to the House OF Represent
tatves the 9Th of January, 1874, and referred to the
committee of Claims That committee made no re-
port upon 1t. The committee on the Judiciary of the
Senate made report the 7th of July, 1896 in favor of
this claim, accompanied by bill for its payment This
report and bill do not appear to have been acted upon
by the Senate. favorable report accompanied by
bill was made by the committee of the Senate in
lS47. The bill was sent to the House OF Representa-
tives the 9Th OF February 947 and referred to the COM
mee on the Judiciary the 18th Of the same month";
The oath OF the same month the bill accompanied by
an untavorable report reported to the House which
acted on by the House. This report proceeded
on the grounds that no part OF the property conveyed
Tor the purpose OF creating trust fund pay the debt
OF the petitioner had Injured to the benefit OF the
United States, and that the whole benefit of the fund
had been received by the State of Georgia, which could
claims upon 1t, whereas the United States had no
power to control the fund execute the trust bill
tor the payment of this claim passed the Senate early in
the 1lrst session OF the threth Congress, and
to the House of Representatives the 10Th of January
1913. The 2lst OF that month it referred to the
committee on the Judiciary, who reported it 10 the
House the 18th OF February lS49. The Senate report
which accompanied this BILL was based on the grounds
that the claim established by the commissioners ap
pointed to dispose Of the lands which had been coded
by the Indians pay the debts due to the traders that
II he n n
that the revolution which George Galphin had contr-
buted to effect and which wresed these lands from the
Crown OF Great Britain, was the act Of all the States,
and not that particularly of the State OF Georgia that
the government of the u States succeeded to all the
Obligations which rested on the Crown, far as claims
OF character similar to this concerned that the
lands charged with these debts had been appropriated
the public defence, and bauntes to the officers and
soldiers OF Georgia who served in the of the
luton They further maintained that the principles
winch the United States 1882 assumed the payment
OF certain claims for which Virginia had become liable
to her revolutionary officers, embraced this claim
The House committee made written report, and are
supposed to have recommended the passage OF the bill
Tor the reasons assigned in the report of the Senate
mttee. The bill thus reported to the House NJ
mitted to the Committee OF the Whole House, as are
all private bills under the rules The bill remained on
tie private calendar and in the committee ct the Whole
House until Saturday, the 18th of August, 1913. On
That evening, about o'clock, on motion by Mr. Rock
well chairman Of the Committee OF Claims, the House
resolved itself into the Committee Of the Whole House,
to consider Senate bills the private calendar to
which there should be objection. Those bills were
taken up in their order and this amongst them 1t was
acted upon in the Committee of the Whole House
without debate, on division of the committee. If a
single member in the committee had objected, the bill
could not have been reported te the House. In the
House the bill passed. with several others, without
separate vote being demanded by any member or
taken by the House From minute and thorough in
yest9aon OF the circumstances attending the action of
the Committee of the Whole House and OF the House
itself on this bill, the committee satisfied there was
nothing improper, irregular unusual in the conduct
oithe members or clerks, other officers OF the House,
In re aton tc It, and that passed in the regular and
usual mode.
In investigating his relation and conduct to this claim
the committee deemed it their duty request Governor
Crawford to appear before hem and make such state
ment would enable them to understand his conuexon
with this claim, and as he should think proper on his
own part. lie did appear, and made statement, which
he subsequently reduced 10 writing and also answered
inquiries proposed by the committee. From his state
ments, 1t appears that he became agent counsel tor
this claim by power OF attorney executed by Mlleoge
Galphin, executor OF Thomas Galphin, who was the
son and executor OF George Galphn, the 7th of Fe-
bruary 1888. BY agreement between the parties 23d
May, 1858, he was entitled TO receive for his services
without any other charge to his principal, halt of
the whole CLAIM OF OF suoh part of it should be re-
allied. supplemental agreement by the parties expa-
natory OF the foregoing entered into the 10Th Janua-
ry, 1888, by which it was stipulated that the pecuniary
advances and professional services of Gov. Crawford
should be the consideration for half OF the net pro-
fits OF the claim and that al advances to- or contracts
made by him with other persons concerning the claim
should be deducted from the to be realized from the
claim before its division. Gov. Crawford endeavored
to obtain payment of the claim by the treaty of New
Echota with the Cherokee Indians in 1885 Failing in
that, presented to the legislature of Georgia in
1887 and continued to be urged before the legislature of
that State until 1912.
During that period. excepting the year 1871 Governor
Crawford was member OF that body avowed his in
erest in this claim, and urged in debate its payment
but declined ovote upon it, In May ls4s, he arrived
IN this city, on his way the Philadelphia Convention,
and renamed about day, and on his return from Phi
ladepha he reached this city in the morning. and de-
parted for his residence in Georgia that night He did
not again visit this city until alter the passage OF the law
and was absent from when the bill passed the Senate
and the House OF Representatives. In February ls49
he again came to this city IN March following he en-
tered upon the duties OF Secretary Of War, and from
that time he took no steps TO prosecute the claim for in
terest until he urged to do so by his principal As
his interest was contingent and secondary, he did
think he could refuse to have urged as desired About
the middle of May, 1919, he disclosed the President
Of d. alaia and bic