The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-19


The whole subject before them for ~
legislation and the question q Interest Wa - pS a
vdsd for the and payment Of claims for losses
bat made provision for any claims q Interest Ala no
tend 20 so,holiss the allowance Of interest. Is = eonh
ssny believed Sa .n % all .s Hs o claims against
government there is instance where interest Las ever
ic,sd or authorized lbs allowance The power OF the
Judge 10 allow interest was therefore unwarranted
upon the ground Of laden stieaiios Virginia (See
opinion Attorney General Johnson, 10Th Jny. iSis2
Supplemental opinion Of the Attorney Generai-kea-
First Claims presented under stronger
than this The United States have uniformly demanded IN
Cases citeds Convention Of 81 Peersburgh under
the g, :. in
tlon Of the treaty Of Ghen Under the convention,
;ssi s.d.n.a.Seai.on." 40 Sir John Nichon said ITO
reimburse claimants the original cost OF their properly
with interest on the whole amount would. think. be
just and adequate compensation. This believe, Is the
nations for losses costs damages by uga
captures" Sir William scoa seems 70 have held the
wgs May II, is26.-Lie of VIM Pinckney, BY Wheaton,
The case with Brazil is precisely simar-indsmnifca-
tics wromgs, allowance for domag0
Tn o. aa q I
sxecave ofissrs
Third No cases cited
Filth. Sometimes set of Each case forms its own
SIKH The decisions of pr for i~demmea
tios, and under the RUE laid down by SIR John
Nicholl !, (See above
Seventh. see report
Eighth See report.
ny Mr.. Burs.
Il il made the duty Of the committee, by the resolution
Of the House. say whether Inc principal and The inter
ct OF this aim have been paid Sin conformity with law
or precedent" To the determination OF this question
recapulaon Of the points made by the testimony Is ne
cessary. The Indebtedness OF the Indians 70 George Ga
phn and the other traders admitted by themselves
BY the treaty Of l773. and extensive and valuable lands
in the State OF Georgia were coded 70 the Crown OF Great
Britain discharge them. The lands were 70 be sold
by the Crown and the proceeds OF the sales thus appro
pfiaied. The due to George Gaphnwas ascerained
by commissioners 10 be Thousand hundred and
nineiyone pounds fifteen shings. and five pence and
certificate for that sum delivered to him. The commits
sonen OF the Crown were proceeding 10 sell the lands
the performance Of that duty, overthrow the sovereignty
OF Great Britain in Georgia, and gave 10 that State not
only the title 70 the lands but the sole jurisdiction and
her officers and soldiers who faithful to the cause Of
America in the revolution, and grants To- actual settlers
for the protection Of her frontier against the Indians Il
Is believed that Georgia derived from these
lands II is equally clear that she paid nothing TOR
them, as did not Great Britain and that the Indian
title to them conveyed to the Crown solely for
the purpose Of paying the debts OF the traders
These creditors, in consideration OF this cesson Of
apds by the Indians, executed solemn release oil
their debts against them. and relied on the engagement
Of Great Britain apply the proceeds OF the sales OF
these lands the payment Of their demands The ACT OF
the British colonies, and Of Georgia amongst them rem
dsred the performance OF this engagement impossible, and
gave to Georgia the lands. All the benefits and adyan
ges that constituted the consideration for this compact
on the part OF the Crown accrued TO Georgia she took
the lands subject to the charges upon them and became
bound the Crown, TO dispose OF them Tor the pur
poses for which they ceded. Having appropriated
them 10 her own use, she became liable Tor the debts
The Crown having paid the debts OF the Indian traders
who remained loyal to their government, only the debt
has always admitted the debt Of Gaphn against the In
dams to Be clearly Just and unpaid and, in the opinion
Of The committee she was clearly liable 2 pay y unless
alleged Besides, the evidence satisfactory from Inc
quantity and description of the lands that their value
was immensely greater than the amount oil all the debt
10 he paid Whether Georgia liable for interest
Gaphin's debt could be determined only by her own
sense of her duties She alone could prescribe the meas
of her justice or her bounty The committee cannot
doubt that she has met her obligations IN justice
and good faith, according 10 her understanding oil them
But the payment Of the principal and interest oy Gsea'
cd TO her fortunes, would seem an admission THAT
according to her OF their rights, interest was
the same opinion, as, in 1850. she passed law,
authorizing the payment, with interest," oil The claims
against these lands, held by those whose claims
America. But whilst she has always admitted the just
ice OF Gsphns claim, and his valuable services IN the
war of the revolution she has steadily refused TO pay it.
It's fair inference however that her refusal the
oil her conviction that the United States and
not Georgia, bound TO pay IT, Yet Is undenlabe
that she LIABLE IN the st instance TO pay this claim
and could call upon the United States 10 relieve her
from that obligation only the ground that these lands
had been appropriated not To her use exclusively, but 10
the OF all the States, that the latter had
assumed, expressly the obligai ION TO pay the claim
The report OF the Senate Com.ntiee on the Judiciary
which accompanied the bill that passed for the pay
ment of this claim must be presumed TO contain The
reasons that influenced Congress TO assume II The
chief ground relied in this document OF the liability OF
the Und States is that these lands taken from the
jurisdiction and control OF Great Britain, not by the act
OF Georgia alone, but oil all the Siaes and that they were
applied by Georgia the common cause OF all the States
The facts on which this allegation is maze have been
already fully and accurately narrated, and need not be
stated again Whether they sustain the allegation, II
10 unnecessary decide II may be conceded thai they
do support the position and yet II by follows
that the liability OF the United States is established.
will be seen IRON brief but decisive state
ment All the States, except Connecticut, that own
ed public lands, granted portions OF them TO their
own troops, in addition TO the bountles land
which were granted BY Congress No uniform rule was
observed BY respective States in comforting these
bountee The quantities and values OF the lands grant.
Cd were different the several States They
rallastry OF their own ciiizens They sup
making them against the United States They
constituted Just demands against the United States they
embraced by the provisions OF tue act Of Congress
OF 1890 This act was intended effect luil and final
eetement between the United States and the individual
States Of all claims Of the latter, for The general the
The I'd section OF the act Is as follows:
shall be the duty the sad commissioners receive
and examine all claims which shall be exhioi,ed TO Them
lAlZ.-