The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-02

THE eAIrpm cLAIH.
PAPER. Appsnd@a q IN. nspsss.
TaxAspRY DsrAarmxsr,
First Auditors Once, September 0, 1s4s.
Sra; Upon an examination Of the papers In the OF
George Gaphin. deceased, referred 10 this Office for
report under the act OF August Ia 1s4s, find that this
claim originated IN certain debts due 10 the said Galphin.
and other traders from the Creek and Cherokee Indians
The payment OF which provided for by the treaty OF
l773, between the said Indian tribes and the British
Crown That on the I'd May, i77o, an account OF
those debts was examined and adjusted BY commission
composed OF the governor and council OF the colony OF
Georgia, and the sum OF nine thousand seven hundred
and ninety pounds fifteen shilings and five pence
}9979i i5s Sd =$4sois s7) was found due to the said
George Gaphln IN his own right, and as assignee OF
ous other ndividuals. to be paid OF the proceeds
OF the sale Of the lands ceded by the said Indians to the
British Crown BY the said treaty, provided the same
then in rtable proportion 10 each Of the claimants, as
appears from certificate rendered in his favor, and
corded in the Journal OF the proceedings Of said govern
ent and before the payment Of any portion OF the said
claims the war of the revolution interviewed. and ui
matey resulted IN tansferof all the rights and interests
OF l773 te the government Of the United States That
during the revolutionary struggle, the said George Gal
phn warmly supported the Of independence. and
by that act excluded himself from participation with
other Indian traders, who took part with the Crown
in that contest, in the payments made by il on &C
count Of the said treaty. after the close Of the war;
pears from the general appropriation act Of Parlia-
ment for 1870, chickering's Statutes, volume 81 page 80
That various committees q both branches Of the egisla
tue OF Georgia have at different times reported In favor
of this claim, setting forth its Justice and recommending its
payment by that State That these recommendations
failed to receive the concurrence OF both houses at any
session, upon the ground that this claim prop
erly against the government OF the United States, which,
after the establishment Of independence, had sue
ceeded to all the rights and consequently incurred all
matter, and that therefore the payment should be made
by the United States whole, and not by the single
State OF Georgia.
II further appears by the testimony filed in this case,
that the lands ceded BY the Indians under the aforesaid
treaty very far exceeded in value the amount Of all the
Of them were ia fact. diverted from their application TO
the purposes OF the treaty. and applied 10 the settlement
Of revolutionary bounty-land claims,
more fully presented in the papers and documents
filed in the case, there be doubt about the obga
on on the part OF the United States to pay the whole
amount ascertaned to be due TO the claimant by the set
Element made by the governor and council of the colony
Of Georgia in May, l775 the sole contingency by which
that obligation could have been properly ELECTED viz
cured The only question of difficulty in this case
lates to the payment Of interest This is usually with
held upon the principle thai the government is supposed
TO be ever ready to pay all just demands against il The
proprey OF this principle, IN its application to unquda
ted claims will not here be questioned. But when a
claim has been once fully examined and adjusted and
specific amount found due to party il would seem that
such claim should stand on different grounds, and that
the principle OF sven.handed justice would impose the
upon individuals in similar cases and inasmuch as the
latter would be properly liable for the payment OF inter-
est the government ought not to be released from
responding liability to pay interest upon its debts But
in addition to this there is yet another consideration,
which, in the determination of this question: should have
its due weight paying the claims OF such Of the In
dian traders sustained the interests oil the British gov.
eminent in the Of the revolution, that government
allowed interest These claims originally occupied no
higher ground than that under consideration. II
they were entitled TO interest, this should be equally
The patriotism OF this claimant the praiseworlhy
because he stood alone among his former associates
~ should not be converted into the means Of injury &c
his private nteress-as would be the case IT, after having
his Just and established rights withheld from him fol
nearly three.ou Of century, the interest thereon
I
tainy what the established rate Of exchange at tina
day, have adopted the usual in other cases viz
81 "A to the pound sterling.
enclose herewith a statement OF the account of Georg,
GalPhin drawn up in accordance with the views above
have the honor to be. very respectfully, your obeden
servant,
u, No w. GEO, H JONES. Acting Auditor
Acting Secretary Of the Treasury
First Comptrosr Report on the claim Of Milsdre alph;r
srseuir Of Thomas Gaphin, executor of George Gapk,n
TREAsvRY DEPARTMENT,
Comptrollers Office, February Is, 1s49.
SIR In compliance with your request have read the
evidence which has been submitted by and on behalf OF
Siiedge Galphin, OF South Carolina TO this department
under the act OF Congress approved August H. is4s for
the relief OF Medge Gaphn, executor OF the last will
and testament Of George Gaphn deceased and now have
the honor TO report:
First. That Milledge Galphin aforesaid is not, in my
opinion lawfully authorized 10 demand the sum OF any
debt that might be found due under the aforesaid act OF
Congress, nor Empowered to execute a valid discharge
for such sum- the were now 10 be paid 10 him 81
the government OF the United States; for, although Il
may be true as gentlemen learned in the law have nt-
mailed 70 you, that he might lawfully receive the of
any debt found due TO said testaor in South Carolina
and, upon receipt thereof might execute valid dis
charge Tor the same-but which, however neither adj
NIT nor deny for that will be hereinafter men,
ionedst il does not therefore necessarily follow that
he could lawfully demand and receive any debt 80 found
due elsewhere than in South Carolina nor especially
the debtor who might pay such debt him merely By
virtue OF his being the sole surviving qualified executor OF
the will OF Thomas Gaphn and oil the Jae-if INDEED
u be ons-ihat said Thomas was, before his decease
(which happened in the wear 1921 the snle