New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-18

,,o,,;.,sd e., the common benefit it by no means |
EIIaved that the Government Of the United states
should be liable for the charges on II Inc o'A's
were quite uneqssl in wealth and generosity,
well as in population and 1t well might oe' 'sa'
wealthy or a generous State might MAKE aont
,;oTs Isyqer than the common interest required II
tIis were 40 il would be subiec, OF conslde,apon
how far the Federal Government should olscnaigS
an obligation thus imposed Equity and nght WIN
regard 10 the other States, would under sucn CIR
cumstsnces deny Indemnity to its iail extent, anu
The r,rccise amount 70 be allowed could be properly
determine ouK by en- agreement, nor would the
case be altered if the property donated haa OeTn
a trust fund in the possession OF the Sta.e' IN
such a case the liability or the extent OF ,ne ~
biljty Of the United States would follow OILY ron
its agreement, and it is not pretended tna' any
such was made in regard 70 The lands uniho.u
bered By Galphins claim. If Georgia apProPr,,k.ts.-
the funds charged with the payment Of Gaipnlns
debt Georgia must answer Tor u NO "v''S '-''1
6erolred upon the United States.
Nv tho act of August $780, Congress maze pro
yeion for the settlement OF the accounts Os'"rS
tbe United States and the individual States'
act created Board OF Commissioners 70 rs.s.e
and examine eli the claims OF the lndiIiuuai go
and "to determine on all sucn as sna, S,rng the
ed for the general or particular defense auens VIC
Worn and made most liberal provisions LOT 1nei,
u,,rco n directed each State 10 be deoited
,.;,b all advances made to it by the United states
ard 10 be credited for its disbursements ana ad-
yances. Under its provisions, the Commissioners
discharged the ddty imposed upon them ana MADE
the settlement required. And on the goth OF June,
i7oa reported that they had maturely considered
the various claims and find that there is due to and
from the different States therein named, the sums
as stated. Among these States is Georgia, ana
there was found due TO he, the sum OF sl99so, IN
GLIDING interest to the. 3lst May, 11So, whicn oy
virtue Of the authority to them delegated, fney
Al II - fIraTry
due 10 and from the several States" This closed
the accounts of Georgia for receipts and expendi,,
lures during the war of the Revolution; and II
Georgia appropriated any lands as bounties 70 her
soldiers the presumption is that il gave her no
claim on the Federal Government or II 1t dld, that
sbe presented it, and whether allowed or relectea
the claim was closed II is too late now, elther Ior
Georgia. or for others for her TO raise claim IN her
behalf on account of expenditures or liabilities
growing out of the war OF the Revelation, the ODD
iioation for which was fixed and ascertained prior
10 the date of the settlement referred 70.
From these considerations our mature CONCLUSION
il. that there was neither legal nor equitable oo-
LEGATION on the U.S. to pay this claim The Terms
of the Act of 40 however, may have properly been
held AZ directing the payment of the debt. 1t was
paid, and the question next arses-was II proper
n nav interest on it To determine this, we are
naturally first led to examine the Act itsen i's
terms authorize and require the Secretary OF tne
Treasury "to examine and ADJUST me clam, ana
"to Dav tie amount 1hich may be toand due 20
Muedoe Golphin Ezscttor DC" The claim Is
described as "tbe claim Of the late George Gal
min under the Treaty made by the Governor Oh
Georgia with the Creek and Cherokee Indians, IN
the wear Seventeen hundred and Seventy ihree'
The words of the Act are not unusual, nor Is tnere
env thing in their arrangement so far as they
no,nt ont and direct the duty OF the Secretary
which indicate an intention on che part OF Congress
m take the examination and adjustment OF the
claim from under the established and ordinary
rules which govern the accounting officers IN sifn
lar cases The language employed seems 70 DC
that in common use-1o hqu'a99.te ana se ,as,
40 adjust and settle "-"tO audit dad seize -
"fo audit and pass -" to settle Ito hqntdate
and a6just"-''to audit and adjust" and In tins
case "fo examine and adjust" is the phraseoogy
of the Acts of Congress in relation to settlement
of claims. Sometimes additional words are added,
as "according to the principles Of Equ@y or
" according to the principles o. Eqaty ana Jug
ice" And these words have been held to be di-
receive of rule by which the settlement shall be
m sde but their absence has been considered as
leaving the settlement under the rules ordinarily
applied. But there are no such words IN me ACT Oh
18th August 1s4s; and even 1t 1t be admltted tnai
tbe language descriptive of the claim may be held
az directing its settlement as claim under the
Treaty Of 1873. still that settlement was required
y, be made according TO the ordinary rules IN such
n case. 1t was to be examined and adjusted
under the ordinary application OF the estaohsNcu
rules ... 3. ,bo
In relation to interest on claims against - me
NILE ofthe Government is well established. me
Goverpment does not allow it. "The act OF Con
cress does not direct the payment OF interest," hor
does il refer 10 any principles OF settlement rom
which il can be inferred that interest was ln'enu
e1 20 be allowed. "-Opiason AHorAeyue"e0
Nm WIT, ApTil ,, 1919 .
..Thc claim for interest it appears the account
A.. u.
csrse the law does not expressly give interest AS
8 General rnle their view is the correct one -
(,0jnion Attorney y y. f. BatLeT-l'loo
Liam giyen TO understand that IL has not been
the practice of the accounting officers oil the
Treasury Department to allow interest upon an ac
count directed to be settled or pad by an ac' -,
Congress unless there be in the act DseJ, speciai
words to that effect "-Opinion Attoraey- General
IL. Rash,
"Tbere NAV be cases in which might think the
Head of Department authorized to allow interest,"
but they would be rare and singular exceptions ,
| Opinion Attorney General H. ). LHgGre' APT'I
| ., 1872
at confidently believed that in all the numer'
rms acts of Congress for the liquidation and settle
| ment of claims against the Government, there is
no instance where interest has ever been allowed,
| except only where those acts have expressly a.
yected or authorised its allowance. '-OptHsoH At
toynev. General Crittenden, l7th June, ls4l'
In bis reply toa call OF the House oil hepresenta,
tiyes on the 23d March, lsl6, Mr.. Crawford SAID
that "the general usage Of the War Department
has been to pay no interest" And the testimony OF
MIR. Whittesey the present First Controller is to
the same point.
"Itis admitted that the Government, in general,
ought not to pay interest in the absence OF a spee
cial contract to that effect it is admitted that TINS
is a stern but necessary ule."-OpiRion Attorney
| General H. s. Legare, Dec. 20, lsi3.
So rigidy is the rule adhered TO that interest a
mot allowed, though the principles Of equity and
| the rulings of the law as between individuals may
| demand it.
"There can be no doubt that the well established
equitable principle beiceen man and man is II
general the other icdythe exception In favor OF the
| Government has been established by the policy
society and for the protection Of the pubic
ior Aitorney General H. s. Legare, Dec. 20, lsi3
clam also confirmed in this conclusion by con
..;aa locking into the ORIGINAL CONTACT an.