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

PORTIONS
the report of the committee, and especially In SO
much thereof relates 10 the allowance OF Interest
said claim beg leave TO submit the following as EN-.
bracing their views in regard 10 that question:
In the examination OF this question, it is deemed i'm.
porant IN inquire
ist Whether, in view Of the peculiar character and
merits Of this claim. justice and equity required that in
ierest should be allowed; and, III so,
I'd Whether the act OF Congress OF August, lS4s,
thorized lis payment
The facts OF the case are so fully set forth in the re-
port OF the committee, that minute recaptulaton OF
them is not considered necessary. Some OF The most
prominent and material will only be noticed
dams cedcd by treaty to Great Britain in payment Of
debts due by them to certain licensed Indian traders
among whom was George Gaphin, about tive millions
and halt OF acres oil very valuable land in the then
colony OF Georgia.
The aggregate amount Of these debts was about forty
five thousand pounds sterling Great Britain accepted
apply the proceeds, after deiayng The expenses incident
TO the negotiation of the treaty and the execution OF the
trust to the payment OF the debts and should they prove
stood that Great britain was no, Otherwise to be respon
sible for the debts the lndlansthe cessloA
being accepted BY the traders in full payment and dis
10 i775 these claims were quidaied under the treaty,
and there was found due Galphin, in virtue OF his
original claim and Of Others which b held BY assign
ment, nine thousand seven hundred and nnety.one
pounds fifteen shngs, and ve pence lawful moneysof
The then province Of Georgia. and certificate of the
Element and amount OF his claim was issued 10 aphn by
authority OF the governor and council Of said province
Under the provisions OF the treaty, some portion Of the
land was disposed OF prior to the commencement OF the
revolution but part OF the proceeds applied 10 the
payment OF Gaphns claim, nor, far appears to the
claim OF any other trader Such being the state OF things
the Legislature Of the State of Georgia. in January 1850
with to sustain and aid her in the revolutionary
struggle, passed act recognising the treaty Of l773 in
regard these eeded lands providing for the payment Of
The liens thereon, in favor Of The traders who
friends to America, in treasury certificates bearing six
per cent interest, and also for disposng Of the lands
To show most satisfactorily that the claim Of Galphin
was a valid lien upon these lands and that he was
titled to the benefit o this act need only refer TO the
testimony OF a single witness, who was intimately
quained with him, and who a member of the egis-
aure which passed the act referred This witness
George Walton, OF the signers OF the declaration Of
American Independence. The following is an extract
from his testimony:
This january, 1880 was period Of deporlble hostility
then expressly object the extensive
settlements Of thai land for the purpose Of improving The
oppose avages the time That the said act did fur
her recognise The principle Of the treaty and the claims Of
the traders and did, provide for their adjust
ment and payment in favor Of snch friendly
revolutions but the act being referred TO- will speak for it,
The undersigned has only mentioned ii because he was
amended TO lis passage and well elects il. mo.lyss s
sincerity and intention OF justice Was George GaIphn
Trend OF the revolution and OF this State the only
question asked upon the claim Of his Representatives And
the Affirmation OF This question is answered by public
friendship his elime--havng Iully known his sen.
men 10 the revolution and been frequent witness Of
OCCASION
paying his individual ubuts gratitude 10 his mem.
and services Who there that fogoen the exer.
and consequent murders and ravsges Of the savsges es
Peciay the Greeks Now, the undersigned Of opinion
therefore, thai TO dispense with The claim OF this
man. founded as Il Is is 10 dispense with the justice
laws OF the land.
This statement made IN 1900 George Gaphin
died IN $780, In 1853, his representatives penoned the
Legislature OF Georgia for the payment OF this claim
favorable report in regard to il made BY committee
upon which, however no action appears to have been
fak 10 Annl,r pao ofox
1871, made to Great Britain for payment. but was re-
fused upon the ground that Gaphin had rebel and
BY espoasing the cause OF independence had de-
was charge. The claims OF all the other traders how
ever--hey having been oyaliss-were paid about that
time BY Great Britain. and h interest," In 7a3 the legs
ature OF Georgia was again appealed 10 for payment and
the application was perseverngy renewed and continued
till 1889. The justice OF the claim. and the meriorous
onary patriot always admitted in the reports 10 the
legislature and with two three exceptions payment
recommended. Still no provision was made for it. II
appears that the claim OF Gaphin constituted the only
charge upon these coded lands after the claims OF the
other traders paid by the beraty OF Great Britain
and that they have at all times been greatly more than
adequate 10 pay his claim with interest No part OF his
claim paid till paid by the United States; nor
prior 10 that tme had either the United States or Georgia
ever paid anything IN any way for these lands They
were disposed OF by Georgia IN aid OF the reyoution-a
portion OF them gratuitously 10 actual Settlers with
view 10 the defence of the country at period OF great
suffering and peril, and portion in discharge Of mill
In view OF these facts il is believed the position may
be nconiroyeriiby assumed, that the claim OF Gaphn
charge upon these ceded lands 10 the extent oil Che
ascerianed and lqudated due him IN i775 and
interest thereon iron that time and il is deemed equally
clear that Georgia, having acquired jurisdiction and
troll over them by the revolution, took them, neyehe
less, with the charge upon ihem and having disposed
them, was bound IN equity and good conscience 10 dis
charge this claim and the fund or land was greatly
more than sufficient TO pay both the principal and The in
terest, that she equaby much bound to pay the
one as the other. Such appears 10 have been her own
sense of justice, and the view OF her Legislature in the
passage oil The act OF 1850.
The principle relied on, that trustee is respons-
BILE Tor Interest," unless he makes interest, has the
slightest application this case nor is the principle
without qualification, true IN any case.
II a trustee refuses 10 pay over a trust fund when
properly demanded and converts 1t TO his use, be
renders himself responsible for interest," and no authority
TO the contrary be found But, this case whether
interest made OF not is wholly mma,eria as the
fund itself was sufciento pay both principal and in
tees. and still leave for the trustee The lions share.
Without pursuing this branch OF the case further,
proceed to inquire whether the payment of interest
authorized BY the act OF Congress The &C, fol-
lows:
Tia, Secretary OF the Treasury be- and he is hereby
authorized and required examine aud adjust the claim
Of The late George Gsphin. under the made by the
governor Of Georgia with the Creek and Cherokee Indians,
N the year Iss, aud TO pay the amount which mar e
Gaph'n out Of any money in tue treasury Otherwise
afpfoI rated
II Is manifest that Congress passed this act in Of
most OF the important facts regard this claim They
are substantially set forth in the report of the Commits
which reported The bill to the Senate, (which is hereD
appended, marked y and has been held that account
ing oineers may very properly refer 10 The report Of