The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-04


land, the Indians had shadow OF title TO the
lands 1t had then passed to England, and from
England ii came to Georgia bringing with it GER
tain encumbrances, of which this was one, and
was the duty of Georgia alone to pay them off i
He held Mr.. r. J. Walker amenable to the charge
of having initiated the business, in so constituting
the act Of l84s, as binding him to pay the claim
for the principal
Mr.. c. was understood to urge that that act
merely called on him to examine and adjust this
claim, not to pay it, unless it was found to be a
just and proper demand against the Government
of the U. s. He (Mr. Walker,) deserved i'm
peachment for his share of the transaction. 1t
afforded him great pleasure to testify to the abili
ty and general correctness of the report of MIR.
DISNEY in this case yet he regretted that gentlel
man had sought in his paper to screen Mr. Walk
er from blame justly his due This looked some
what as though the democratic party in the House
were disposed to seek to make capital out OF the
affair Any such effort would be idle as not only
the last democratic administration in paying the
principal under the law of 1913, but the demo-
cracy of the last Congress, in sustaining that act
were as much to blame concerning the matter as
their opponents.
Mr.. BURT (rising to an interruption,) re-
marked that, by the act of 1S46, Mr.. Secretary
Walker had been directed to pay the heirs OF
George Galphin, not what might be found to be
due them by the United States Government, but
what was due them on this account by any party
whatsoever.
Mr.. c., (contnuing,) held that throughout al
its features, this transaction brought just censure
on all concerned in its payment, either principal or
interest. If money was to be abstracted from the
Treasury on the warrant of lawyers opinion
merely, surely there was no use for Congress.
In that case, legal gentleman of respectable
standing and abilities would answer all purposes.
He denied that Mr.. Crawford had taken no part
in the prosecution of the claim. He had done so
since taking Office in the Cabinet, indirectly, at
least Thus it was idle to attempt to screen his
conduct.
Mr.. BROOKS, without designing to occupy an
hour, felt called on to reply to some of the re-
marks of Mr.. TooMBs. That gentleman held
that an Attorney General should take into con-
sderaton the tenor of the report of the committee
This was not correct. That officer would find no
justification in so overriding the construction
which Tin being guided by other laws,) the ac-
counting officers of the Treasury might put on ar
act of Congress. Mr.. B. urged that the opinion
of an Attorney General had not or should not
have binding force on the chief Of an executive
department, though it was alleged that such had
been the practice of the Government.
So far as Congress had acted in the shape Of a
report Of committee on this particular case, in
every instance but one, the decision had been
adverse. In that one case, the friends of the pay
ment now claimed it had been irrefragably de-
monstrated to be proper to pay it. This was the
report brought into the Senate by the late Mr.
Ashley; great stress had been laid on the fact that
Mr.. Ashley had thus endorsed the claim.
He (Mr b. had to assure the House that
the report in question was the work, not of
Mr. A., but Of clerk of the Senate, who drew it
up to be signed by the Hon. Senator.
He held that the remarks Of Mr.. TooMBs on
this and the previous occasion on which this sub
ect was under consideration, had gone to cast
severe censure on the Legislature of his own
had reported Oh the case, had furnished, in adj
vance, an ample refutation of the argument
These commissioners had amply and successfully
maintained that the war of the revolution can
celled the claim Of George Galphin, the State OF
Georgia having acquired the lands by conquest
Thus, they came to her in fee, and without in
cumbrance Of any sort whatever.
that the State had undoubtedly the right to
confscate the lands, by which means she would
have rid herself of the membranes on them.
But she had never done so.
Mr.. BROOKS (again taking the hoor) had not
held that Georgia had done so. In this connexion
he was merely referring to the points urged by
her commissioners. He would also remark that ,on
one occasion, a very full and lengthy examination
had been made before the Georgia Legislature
nto the evidence. Sixteen wit nesses had been
examined, and so unsatisfactory to the agent for
the claimant was the sum of their testimony, that
he actually procured a postponement of the pre-,
viously sought judgment; alleging the absence OF
certain important parties or documents, and then
failed for a long series of years to revive the de-
mand.
Holding, then, that the lands had been acquired
by civil war, he argued that the ncumbrance
which had been on them originally no longer
existed; and Mr.. B. referred to passages in Vat
tel and Grotus to prove that this the received
construction among international jurists
He argued further, that Mr.. Forsyth's con-
nexion with the claim had indirectly influenced
its fortune so that it provided for at one time
in the New Echota treaty. The Wing party OF
that day had denounced it as fraudulent and held
Mr.. Forsyth under the severest censure for his
identification with it. Then he, (Mr. b. held
ground upon this subject identical with his posi-
ton at present, and he should not turn about to
screen nay man.
He was not to be understood as charging Mr.
Crawford with dishonesty. His conduct had only
been astonshingly ndiscreet. He had set highly
dangerous precedent. If carried out, 1t would
doubtless make high public functlonarles claim
agents In the discharge of his public duties he
was called on to vote upon this subject, and his
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