The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-21

tnat interest," Justly que 70 the CldlIudnt,
he may legally allow it,"
But, whatever may be the general usage Of the
Government as TO interest il is not applicable to
this case, it was not originally claim against
il. II claim against third party, the State
Of Georgia, which the Government has assumed TO
pay, and to pay all that due upon il, whatever
the third party in justice and equity bound to
pay. The word due in this act means what Is just
ly and equitably due. II can mean nothing else
All claims against the Government are adjusted
upon the same principles-upon the principles OF
justice and equity But the payment the interest in
this caseyiolates precedent, because no analogous
case has been cited nor can any be found unless
be under the act of 1882, by which the Government
assumed the payment Of claims due by Virginia.
In that case the entire liability of Virginia. interest
well as principal was assumed and paid. In
this case, the liability, not part but the entire
liability OF Georgia, in regard to this claim, has
been assumed, and, we think, justly paid.
II is not perceived that the relied on of the
claims of Georgia against the Creek Indians under
the treaty of 1921 and which the United States, to
certain extent, had stipulated 10 pay has any APP
plcation TO this as an authority against the
payment of interest. The only claim asserted by
Georgia in that case was for the return of specific
property. The Attorney General. Mr.. Writ, says
"The claim ought to be liquidated against the
United States, exactly on the principles that it
would be liquidated against the Indians and 1t is
believed that claim Of interest against nation Of
Indians, under circumstances like these, would be
The Attorney General decided against the pay
ment of interest and assigns among other rea
sons, that the property, return OF which was
claimed, had been assessed, on an average, at
nearly double prices; that the claims were in the
nature of uniquidated damages, upon which,
general rule of law, interest not allowed that
the principles of equity did not call for the allow
ance OF inerestso far from it, that they forbid it.
Under circumstances like these it is believed il would
not only be unprecedented to charge nation of In
dians but any other nation with interest. But the
TO be relied authority to show that,
because 1t was held unprecedented, under Mecrctim
stances OF that CASE for nation OF Indians to be
charged with interest, therefore Georgia and the
United States were not bound to pay interest on
Galphin's claim. The case would not have been
so particularly noticed, were it not relied on
prominent authority why interest should not have
been allowed in the present case. But before leav
ing it, must be permitted to say, as Georgia
claimed interest against the Indians, under the CIR
ctaastdnces OF that case, she ought to be estopped
from denying the claim of Galphin to interest in
this case and the United States have thought
proper to step into the shoes of Georgia. they should
be subject to a similar estOppel.
The great antiquity OF this claim will be found
entitled to weight objection against it
when it is understood that every material fact,
upon which its justice depends, is incontrovertiby
established 1t has, in fact, for three fourths of a
century, constituted a part OF the history OF the
country and there lis little hazard in the prediction
that it ID destined to give more extended notore
ty to the name of the claimant than it would other
wise probably ever have obtained.
The amount of the claim, although large, consti-
tuted no reason against its payment. In regard to
the payment of the principal, it is conceded all
sides that it has been paid in conformity to law
and precedent In this all the accounting officers
of the late well the present administration
concur but different opinions are entertained in
regard to the payment of the interest.
The auditor to whom the former Secretary of the
Treasury referred the claim reported in favor of pay
ing the interest as well as the principal. The comp
troller reported against the interest. MIR. Walker
directed the DaVment of the Dripcnal. Int his m
preston being against the payment of interest, and
not having time 20 examine the subject, he left
the question as to the interest an undecided open
question for his successor. In his testimony, how
ever, before the committee, he says, if the claim
ant had presented to him such argument that
of the opinion of the Attorney General, he should
have referred the case to the Attorney General and
been guided, he thinks, by his opinion.
The present Secretary referred the claim TO the
comptroller, who decided against the payment of
interest. He then requested the opinion of the At
torney General; and in pursuance of his opinion
which indicates thorough investigation of the
case, and fully susains the deservedly high char
acter of that distinguished jurst-directed the in
tercst to be paid.
Whether the Secretary was required to pay the
interest was a question of law, upon which it was
the duty of the Attorney General, when requested,
to give his opinion The law has constituted the
Attorney General the legal adviser of the Executive
Department of the Government and rarely, if ever,
in its history, has his opinion, when sought been
this claim, therefore, it appears that all the requ
sitions and forms of law have been complied with.
The proper officer has decided the law, and pay
ment has been made accordingly. The revision of
his opinion or decision by committee of the House
of Representatives, is believed to be without pre-
cedent in the history of the Government. The
committee being of opinion, however, that the re-
solution of the House required the merits of this
claim, and whether its payment had been made in
conformity TO law and precedent to be nvesti-
gated, the undersigned, members of the COM
mittee, after a laborious examination and full con-
| sideration, have come to the conclusion
lst That the claim was just, and that the Gov
eminent was under an equitable obligation to pay
it.
I'd. That the interest, well the principal,
have been paid in conformity to law and prece-
dent.
The undersigned, appears from the report OF
the committee, fully concur in the statement OF
facts therein. DANIEL BRECK,
C. M. CONRAD,
JAMES G.. KING,
JOSEPH GRINNELL.