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

ninety one pounds fifteen shillings and five pence,
sterling money of Great Britain; that by the treaty
a debt due by the British government to Mr..
Galphn; that MIR. Galphin failed Ito receive
payment from that government because he had
espoused the cause of the United states, anu
was in the estimation OF the English, rebel; that
neither he nor his heirs have ever received pay
menf from Georgia the United States; ana the
true question is, whether Georgia OF the Oniteu
States ought TO pay the money IL Is true that tile
| lands ACQUIRED from the Cherokee Indians by the
treaty of 773 being within the Jurisdictonai limits
of eorga were subject to her disposition; ana IL
is also true that considerable portoh ol mem was
granted as bounes TO the soldiers OF the revolution
George Gaphin was true Wing, and rendered
important services to the cause OF independence,
not for Georgia alone, but for all the States Ills
claim was not against Georgia, but originally
against Great Britain, and subsequently against
the United States; because il arose under treaty
stipulation, the fufment Of which devolved, by a
change of government, not on Georgia but on the
| government of the United States which had sue
ceeded TO that of Great Britain receiving the bene
| fits and bearing the burdens. The claim of Mr.
Galphin has always been considered Just by Geor-
gia but she has denied that she 10 liable to the pay
ment of and has therefore uniformly refused to do
50, although there have been some reports made by
committees of one the other branch of the legs-
ature recommending the payment by Georgia.
Commissioners were appointed to examine this
claim by the State of Georgia, and they made re-
| port against its payment by that State. Their re-
| port committed to committee OF the house OF
representatives of that State i'll 1899, and the com
| mittee approved the report of the commissioners.
| The house agreed to their report. Resolutions
were then offered in the house. requesting the Sen
ators and Representatives of the State of Georgia to
urge the payment of the claim of Galphin by the
| United States. These resolutions were laid on the
! table,
In ls40a committee of the house of representa-
tives of the Georgia Legislature made report in
! favor Of the claim, and recommended the payment
ofntcrest on the same from 1898. 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 resolution m
structng the delegation III Congress 10 urge the
payment of the claim by the United States was then
| introduced.
The committee do not find that any further or
subsequent proceedings were had IN the l4egisla-
| ture OF Georgia on the subject.
| In 1898, the Senate Committee on Indian Affairs
reported "that if the trust fund, at the close OF the
revolution, had Injured to the benefit of the United
States or If, by virtue Of the revolution, they had
| be no hesitation in satisfying this demand out OF
the treasury Of the United States but this was not
| the case The fund was land /; this land was stu
ate within the limits of of the United States.
The State where it was situate acquired the control
over it, and had right to dispose OF it, when and
to whom she pleased, and to apply the proceeds ac-
| cording to her own pleasure, without consulting
| the government of the United States As the gov
| eminent Of the United States acquired no title TO
| this land, and no power to carry into effect the
trust, in any way to control the fund, the COM
| lnlttec can see ground upon winch tney are au-
| thorized TO recommend its payment" This re-
port does not appear to have been acted on by the
| Senate.
This claim was presented to the House of Repre-
sentatvcs the 9th OF January, 1874 and referred to
| the Committee of Claims That committee made
no report upon it. The Committee on the Judicial
ry Of the Senate made report the 7th of july 1916,
III 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
same committee of the Senate in lS47. The bill was
| sent TO the House of Representatives the Sth Of
| February, lS47, and referred to the Committee on
| the Judiciary the 18th of the same month. The
| oath of the same month the BILL accompanied by an
unfavorable report reported to the House, which
| was not acted on by the House. This report pro-
| ceeded on the grounds " that no part of the pro-
perty conveyed, for the purpose of creating trust
fund to pay the debt of the petitioner, had ever In
ured 10 the benefit of the United States, and that
the whole benefit of the fund had been received by
| the State of Georgia, which could apply the pro-
ceeds to the payment of all equitable claims upon
| il, whereas the United States had power to con-
troll the fund execute the trust" bill for the
payment Of this claim passed the Senate carly in
the first session OF the thirteth Congress, and was
| sent TO the House of Representatives the 18th of
January, lS4S. The 2lst of that month it was re-
| ferred TO the Committee the Judiciary, who re-
ported it TO the House the 29th of February lS4S.
| The Senate report, which accompanied this bill,
was based on the grounds, that the claim was estab
lished by the commissioners appointed to dispose OF
| the lands which had been ceded by the Indians to
pay the debts due to the traders that there could
be question to the justice of the claim that
the revolution which George Galphin had contribu-
ted to effect, and which wrested these lands from
the crown of Great Britain, was the act of all the
States, and not that particularly OF the State oil
Georgia that the Government of the United States
succeeded to all the obligations which rested on the
| crown, as far as claims of character similar
| TO this concerned that the lands charged
with these debts had been appropriated to the
public defence, and bounties 10 the officers
and soldiers of Georgia who served in the war
| Of the revolution They further maintained that
| the principles on which the United States, in
1892, assumed the payment Of certain claims for
| which Virginia had become liable 10 her reyou-
| tionary officers, embraced this claim. The House
committee made no written report, and are sup
| posed TO have recommended the passage of the
bill, for the reasons assigned in the report Of the
Senate committee. The bill thus reported to the
! House committed 10 the Committee Of the
| Whole House, as are all private bills, under the
| rules. The bill remained on the private calendar
| and in the Committee of the Whole House until
Saturday, the 18th of August, lS4S On that eve
| ming, about O'Clock, on motion by Mr.. Rockwell,
chairman of the Committee of Claims, the House
resolved itself into the Committee Of the Whole
House, to consider Senate bills on the private cal
endar to which there should be no objection. Those
sbils were taken up in their order and this amongst
| them. IL was acted upon in the Committee of the
| Whole House without debate, on a division Of the
| committee. II single member in the committee
had objected, the bill could not have been reported
10 the House. In the House the Dill was passed.
with several others, without separate vote being
demanded by any member, or taken by the House
From a minute and thorough investigation Of the
circumstances attending the action Of the Commit
tee Of the Whole House and of the House itself on
this bill, the committee satisfied there was no
thing improper, irregular, unusual in the con-
duct Of the members or clerks, other officers Of
the House, in relation TO it, and that it passed in
the regular and usual mode
In investigating his relation and conduct to thi'
claim, the committee deemed it their duty to re-
quest Governor Crawford TO appear before them
and make such statement as would enable them e
understand his conncxion with this claim, and AZ
he should think proper on his own part. He die
appear, and made statement, which he subse
quently reduced to writing, and also answered in
quiries proposed by the committee From his state
nents, II appears that he became agent or counse
; for this claim by power Of attorney executed by
Nilledge Galphin, executor Of Thomas Galphin
who was the son and executor Of George Galpbin
the 9TH Of February, 1888. BY agreement between
the parties, 23d May 1898, he entitled to re
ceive for his services, without any other charge
his principal, half Of the whole claim, OF sucl
! part of il as should be realized. A supplemental
agreement by the parties, explanatory OF the fore