Weekly national intelligencer., 1850-05-25


the case are compelled to report that the claim OF the memo
ralst is well founded against the State oi Georgia but
they add the claim just against Great Britain ms report
was agreed TO by the Senate
In the treaty Of New Echota concluded with the Cherokee
Indians in 1885, provision made for the payment Of this
claim by tie United States bu, without expense to the In
dlans. This provision rejected by he Senate and me
treaty ratified without it. In May, 1885, the Senate OF the
United States instructed its Committee on Indian Aalrs to
inquire into the propty of paying this claim That COM
mee reported resolution, which was adopted by the Sc
nae requesting the President OF the United States TO apply 10
the executive Of Georgia for all the information which that
State could furnish the subject of this claim 10 January
1897 the President the Senate the norma
ton he had received In his reply Governor Schey informs
the President that the following facts be taken as true
ha there justly due to the heirs OF Georse uaPhln he
of thousand seven hundred and ninety pounds
fifteen shings and five pence, sterliLg money of Great
Ban that by the treaty of l773 this claim was provided
fo and became debt due by the British Government to M
Galphin; that Mr. Gaphn failed to receive payment from
that Government because he had espoused the OF the
United States, and was the estimation Of the English,
rebel that neither he his heirs have received pay
men from Georgia the United States and the tue quss-
ton is whether Georgia the United States ought to
pay the money. 1t that the lands acquired from the
Cherokee Indians by the treaty OF l773 being within the u
rlsdconal limits OF Georgia, subject to her disposition;
and is also that considerable portion of them
granted bounes to The soldiers OF the revolution George
Gaphn Whig and rendered important services to
the independence not for Georgia aone but for all
the States. Ills claim not against Georgia, but origin
ally against Great Britain and subsequently against the
United States because it under treaty spuaton the
fulment of which evolved by change of government not
on Georgia, but the Government OF the United States,
which had succeeded that Of Great Britain receiving the
benefits and bearing the burdens. The calm OF Mr. GaphD
has always been considered just Georgia. but she has den
ed that she liable the payment Of it, and has therefore
uniformly refused to do So although there have been some
reports made by committees of one the other branch OF the
Legislature, recommending the payment by Georgia.
Commissioners appointed to examine this claim by
and n
ment by that State. Their report committed to COM
mtee Of the House Of Representatives of that State in 1882
and the committee approved the report of the
The House agreed to their report Resolutions were then
offered in the House, requesting the Senators and Repre-
senatves of the State of Georgia urge the payment of the
claim of Galphin by the Unied States These resolutions
were laid on the table. ~. l~
In 1910 committee of the House of Representatives of
the Georgia Legislature made report in favor of the claim,
and recommended the payment of interest the same from
1898. minority Of the committee OF made report ad
verse TO the payment of the claim by Georgia he House
agreed 10 The minority report resolution insucng the
delegation in Congress TO the payment OF the claim by
he United States then introduced.
The committee do nd that any further subsequent
oceednss were had in the Legislature of Georgia on the
ubjec .., H. .>,
In 1888 the Senate Committee Indian Affairs reported
that il the trust fund.- at the close of the Revolution had in
red 10 the benefit of the United State by virtue of the
revolution, they had acquired the power dispose Of it, there
ught TO be hesitation in satisfying this demand out OF the
reasury OF the United States but this not the
he fund land; this land situate within the limits
one of the United States. The Slate where it situate
cqured the control over it, and had right dispose of it,
hen and TO whom she pleased and apply the proceeds
ordng to her pleasure, without consulting the Govern
nent of the United States AS the Government of the United
ates scquired title to this land, and power carry
llo effect the trust any TO control the fund.- the
ommtee ground upon which they authorized
recommend its payment This report does not appear to
ave been acted on by the Senate.
This claim presented the House of Representatives
ne 9th of January, 1884, and referred to the Committee of
Claims. That committee made report upon it. The
Committee the Judiciary of the Senate made report the
h OF July, 1916, in favor OF this claim, accompanied by
MI for its payment This report and bill do not appear to
lave been acted upon by the Senate. favorable report
ompanied by bill, made by the committee of the
Senate in ls47 The bill sent TO the House OF Repre-
enatves the sh of February, ls47 and referred to the
Committee the Judiciary the 9th of the mouth
The oath of the month the bill accompanied by
favorable report reported TO the House. which not
acted by the House This report proceeded the grounds
that no part OF the property conveyed for the purpose OF
creating trust fund TO pay the debt Of the pttorer, had
Injured to 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 proceeds to the payment of
al equitable claims upon it, whereas the United States had
power to control the fund execute the trust bill
the payment of this claim passed the Senate early in the
rst session of the hreth Congress- and sent to the
House of Repres natives the 9Th of January lS4S. The
list Of that month il referred 10 the Committee the
Judiciary who reported to the House the 29h Of February
ased the grounds that the claim established by the
commissioners appointed to dispose Of the lands which had
cedd by the Indians pay the debts due TO the tade
hat there could be question to the justice of the claim
mat the revolution which George Gaphn had contributed to
effect, and which wrested these lands from the Crown of
Great Britain, the act Of all the States and that par
cular of the State of Georgia. that the Cove of the
United States succeeded TO all the obligations which rested
The Crown, far claims of character similar this
concerned ha the lands charged with these debts had been
appropriated to the public fence and bounes TO the off
and soldiers Of Georgia who served the of The Re-
voution. They further maintained that the principles
which The United States in 1882 assumed the payment of
certain claims for which Virginia had become liable her
officers, embraced this claim The House
mtee made no written report and supposed to have
commended the psssage of the BILL for the assigned
the report of the Senate committee The bill thus report
I'd to the House committed +, the Committee of the
hole House, all private bills under the rules. The
he Whole House until Saturday, the 18th Of August, s4s
On that evening" about o'clock, motion by Mr. Rock
WE'LL chairman of the Committee Of Claims the House
oved itself into the Committee of the Whole House,
der Senate bills the private calendar to which there should
no objection Those bills taken up in their orde
md this amongst them 1t was acted upon in the Commit
Of the Whole House without debate, division Of the
committee. If single member in the committee had object
the bill could not have been reported to the House In
he House the bill passed, with several Others without
separate being demanded by any member taken by
he House From minute and thorough investigation of
he circumstances attending the action of the Committee of
he Whole House and of the House itself this bill, the
committee satisfied there nothing improper rreguar
unusual in the conduct of the members clerks other
officers Of the House relation 10 and that passed in the
regular and usual mode a.n-.....""..
In investigating his relation and conduct to this claim, the
committee deemed their duty request Governor Crawford
appear before them, and make such statement would
enable them understand his connexon with this claim and