The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-03

il to become precedent, the danger was, that
high public functionaries would get to speculat.
ing on the treasury. He did not intend to castro
Elections on the Secretary of War; his belief
being that that officer merely indiscreet.
Mr.. s. finished his remarks by offering as an
amendment to the amendment of Mr.. TooMBs to
Mr.. Backs majority resolutions, which was in
the following words:
Resolved, That while the House. after ''full in
vestigation," does not find cause to impute to the
Secretary of War any corrupt conduct or fraudu-
lent practice, IN procuring an allowance and pay
ment ofthe claim of the representatives of George
Galphin, yet it does not approve his "relation" to
that claim in this, that he continued to be inter-
ested in the prosecution of it, while it was to be
examined, adjusted and paid by one of the De-
partments of the Government, he himself at the
same time holding Office at the head of one Of the
Departments.
Mr.. STEPHENS, of Georgia, delivering the
not be u juster claim against the General Govern
ment than that of the representatives of George
Galphin. He dssented from the point made i'll
the report Of Mr.. BuRr-that Governments were
not to be regarded payees of interest. In
furtherance of this view, he quoted various cases
(precedents) wherein the United States had at
lowed interest, and others in which she had not
only demanded, but had received it for her cti-
zens from foreign goods. England practice was
similar to ours in such cases. This fact was be-
yond question. The views Of Mr.. JEFFERSON
upon the subject of paying interest by Govern
|, ments had been msrepresented by Mr.. BRooKs
On the contrary, Mr.. Jefferson's doctrine was
that interest should not be paid by Government
during or for accounts arising in time of war;
Mr.. BURT Gnterrupting Mr.. S. said, that his
report had not maintained that governments did
not, at times, pay interest. His doctrine was,
that such was not their general rule. True, there
were more or less Of such cases, all Of which
were, however, exceptions.
Mr.. STEPHENS, (resuming.) He was happy
to have the gentleman from South Carolina stand
ing in that position; as he was prepared to
show the truth Of its reverse. Now, he affirmed
defying contradiction, that in the case of wrong
done the private citizen by another Government
to which the sufferer owed allegiance, always de-
manded interest well the principals; and to
sustain this view, he quoted case in point.
Mr.. BURT believed that to be but another ex-
ception to the rule.
Mr.. STEPHENS again taking the floor, read
from the opinion Of Sir John Scott, to show that
the practice Of governments in such cases was
invariably, he held it to be. The gentleman
from South Carolina could not produce contrary
precedent. All sustained the doctrine he had here
laid down.
Mr.. s. next reviewed the argument of the report,
(of Mr.. Burt, y based on its assumptions concern
ing the opinions held by Mr.. Writ. He frankly
admitted that, on single occasion, Mr.. w. held
to the view urged in the report; but, subsequently,
realizing its errdr, he (Mr. Wir) had taken due
care to place on record full recantation of that
position
The declaration of the report that interest was
never paid by Indian tribes in transactions in
which the Government acted, Gin the payments, }
or their agents, was incorrect. This was proved
by clause in the treaty of New Echota, which
Mr.. s. quoted.
/ When, in 1880, Georgia had seized the alphin
lands for the common defence, she had pledged
her faith to pay six per cent. interest the
claims with which those lands were encountered
, The lands accruing to the benefit of the whole
Union, Georgia was no longer morally bound tc
,
sibility Of the General Government.
All committees of Congress adjudicating on the
claim had admitted its justice, though some held
that it was justly payable rather by the State Of
Georgia, than by Congress. Thus, while ndivi
dual members Of this House argued that it was
chargeable on the State of Georgia, Il committee
Of the Senate and the last House of Representa-
l.:-. ILL a.. :.
payable out of the National Treasury.
Mr.. S. next held that it was, due that IN ques
tons in issue between public officers and the Gov
eminent, justice should be as scrupulously meeted
out to the former, as though he were merely
private citizens. He believed it to be grossly
tary Of War because that gentleman was in the
public service. 1t the best attribute of JUS
tce that she should be blind. He was as anxious
to build up the great Wing party as any man
could be. Not, however, a mere party banded
for spoils but to preserve in full force and effect
in the Government. The eternal principles of
Justice on which it was founded.
Mr.. FEATHERSTON then rising said, that
having been one OF the Select Committee report
ing on the Galphn case, he felt it his duty to take
part in this debate. There was really nothing in
the point which each and all of the advocates Of
the Secretary's conduct had insisted on most
strenuously. He here referred to the declaration
that the claim was just. Even if true, the fact
was without bearing the question before the
House. 1t would have been very fair and APP
propriate argument before the House when con-
sidering the act Of lS48 under which the Gal phin
payments are alleged to have been made. But
the members of the last Congress who had
merely voted for that act, were in no manner res
ponsble for affordng grounds for the payment.
1t was not their duty to investigate closely into
the character of the claim. What was the duty
of the Committee on Claims, or on the Judiciary
Committee, who had reported the bill. Mem
hers generally, as every one in the hall knew,
had no time to do so, nor were they ever expected
to look into the particulars of each claim coming
before Congress. To attempt such eXamna-
ton of even a respectable portion of them, would