New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-22
NETWORK TRIBUNE.
THE GALPHIN CLAIM.
Opinion Of the Attorney General

stances attending IT, its supposed intrinsic dicui'
ty, ard The large amount which il involves
The opinion have formed am clear IN ana
although my official engagements in the oaPre"
Court viii not enable me to give my reasons . .,
length DO not feel at liberty % refuse the
Of The claimant that would state to you Tue oP''
ion itself t,ki
The oue.,ion js. whether interest should De az
lowed on the clain and II Il soo~d 'e' HUN "''@'
periodi
First. Should il be allowed!
- Z, .L~,ld The material facts are these;
e. a sIbin the testator OF the claimant, ante
cede,t 10 l773 wss an Authorized trader among
lie Creek and Cherokee lnaisDs 10 tne c1'ohy o.
Georgia To that capacity, ana as the assisnee OF
a. csius of ether legal traders, he was creditor
81 ,te Indians for q large amount. Ia 1873, ander
;.,roetiops from the Mother Country, the Governor
~ he colony, 81 James Wright negotiated p
tyesty with the InoiaiS b. which they ceded
large extent Of teuitry, now constituting, 1t IS be-
Eeved two entire counties o. the State OF Georgia
rWilks and LincolD) and part Of two others 70 gle
thorpe and Green, and, by an express stipulation
the debts due by the Indians 10 the traders were
secured TO be paid by the proceeds Of the lands.
The treaty Was ratified by Euelani ia 1875, and
n Commissioner duly constituted 70 li9udate the
payment Of these debts out Of the f1nd 50 by the
treaty provided f0r that ed.
Un1er this authority Galphia's claim, and others
Of like character, were asceris'ned, and the
amount doe o. MN fund 70 be 1921 155. Sd. ster
ling; and Tor this sun he obtained proper GER
tiicsie.
The Revolutionary war Occurring soon alter
wsro, aud ending 10 the Independence OF the Colo.
nies, the Territory ceded became the property OF
Georgia. All the debts due the traders, provided
Tor by the treaty, except Gaiphins, were after
ward psid, principal and interest, by the British
Government, and kii excepted only because Of his
patriotic adherence to this country during the war.
The Others, who were 10y al 70 England, were faiIy
unidentified By that Government, under jus, and
high sense Of the obligation imposed upon her by
the treaty, although az % her. the consideration as
to The pay ment Of the debts in fact failed by the
less ofihe entire Territory ceded Bat as the fault
was hers, and the traders were innocent 10 that
result and did all they could as loyal subjects 70
aver it, she stood between them and harm, and
fully paid their claims. That Galphin's would also
have been paid, had he, following the fortunes OF
England, been regardless Of the duty which pat.
riotism, in such an emergency, demanded, it is in
possible to doubt
The loss OF his claim is therefore, 30 be referred
exclusively TO a cause ubich should commend it to
the favor OF the American Government, and induce
the Government 10 be. il necessary, even gener-
sss 10 the claimant instead of causing il to apply
to the claim Harrow rule Of responsibility, often
N It's effects placing lis justice upon level far be-
low that which, by he law, as between man and
man is daily declared 70 be the proper and only
level OF Justice.
These lands were, 20 q considerable extent, dis
posed ofby Georeia, in bounties TO the soldiers
who achieved her independence, or given by her to
'ettlers, to guard her ON her frontier from Indian
ouuages.
From time b. time the claim was demanded Of !
Georgia, and although its merits were never de-
MED, but on the contrary, In various ways admit
tee ID was never paid
lpleO2, large tract OF country now comprising
the States OF Alabama and Mississippi, was cedsd
by Georgia 70 the United States; but until the isw
OF August is4s provision made by the
United States for the liquidation Of the debt
eince that act It IL TOO late IN dis~~'e 81 e..
tice q the denNnd. .dA
theiaw ,aei, "a, ID ~ IT, .-rm- '1D w.
nal which r-sysr t. NO., ~''e sau rvpo-T NJ -
49,, e.. gsos -. q q" . "
put beyond all uoebt Il sns svof ed, by the
decision u your Predecessor, Mr.. Walker, in pay
ng the principal OF the debt.
as have 8rsf6Wt1, end r6Gai s9is ss. th .s n
certificate IN l775 My reaso1s are briefly these.
l. Tie effect Of he treaty Of IT'S was 20 charge ,hs
hp5t themselves WIN me pnymea Of the doDL principal
2 Tts charge IN equity remained en lncuusranee on Us
hI9 HhS..sosNsI heuds hey oghi COM, except iar
AZ against Galphin. That rghi never existed liza
tktso ~ C mmon WIN tne patriots OF hs dsy vrest.
.besovereigny Of Georgia
TbetuI on the ressin BY Georgia 10 he United S,ais.
lttz ne latter beesne Aais supu taa
I.ay Of ms hound In law and honor ITEM
Thai ne minimum or their responsibility being ne
value q he lands aud a be ~ far ne Of
zoe claim with lloea their Inability for !h5 entire AMOUNT
Thar he Bils 0cycrniaon. was Hsbe for the debt
las ct, under heF law no. As b-lwsen sr and
SNlhir DtcA1se Of GaPhins dsoyaly,) II was he duy
veuuert
T. lls. Gsorsia was responsible originally as between
teIstt std no claimants ban tbs las gers used ina
great pieasnft inr ae common 5leht II a. inc asss
silhtf - Hears Of g.srg soldiers boulae. fgr-
States N 1915 sSlea n v agreed % paw lhIs p.rtcn,r
Gain sreed 70 assume isby coeS.easive wi d Ina, II
tween tbs and that Inc Virginia 60 N 10 Ilt,,
essss assumed BY The United Safes, o. ae OF Jaw
Thai he allowance ofaieresi IN saeA case nno WAY
rounes win Toe prior custom Of The Cove res
pow.I to allow II csnnoi be, nas dol underssanl 10 be-
1t is by assuming that there is settled and al.
most universal RUE adverse to such allowances.
hat the claim Is thought To be invalid
For want OF time am unable now to 60 into an
examination OF the cases IN which interest has ,
been paid where there was no express provision /
Tor u IN the law embracing the claims. As have
nleady SAID, think the Virginia commutation ,
claims are an answer IA the objection; but the ,
'laim IA question stands upon grounds higher aud
stronger tan these.
Here, beside toe obligation resulting from assum
ne, a. was done by the act OF 1913 this debt of
ieorgio, because OF the appropriation by her the
snds charged with the debt 10 the common caase.
\ blch was ali that existed Ia the Virg MIA caSes
here exists this additional ground that by taxing
he oessioR fram Georeio, "a 1902. ace bound our
elrss 10 extiagHish adj 0RtStanding niles 10 ne
sads within tho limits Of Georlia and therefore
ompeled ia good faith 10 pay this dsbt which, by
solemn treaty stit uetion. was then AID must re-
lam until paid lien 0n such lands
And il the last place, that looking 20 the cream
tanoes preceding the act I'd lsi AS stated in the
aensorsl OF the claimant Al ia the report Oi the
judiciary Committee, AMI lookins 10 the words Of ,
he law itself have no doob; II was and sholli '
ave been the purpose Of Congress 70 pay III IN I
-reAt as well as TOE priGciprl of the claim Tls, +
my opiu'on was due 10 the services and sAcri. d
ces on tho aLcestn7 OF the claimant; 10 III. ,aere
'gsl and equitable responsibility o. tie U ntei \
ts,es A. trustee of the iaus clargei ws'h the v
CRIT; 20 the obigatC % GeW-1a 70 lad uonisy Der
gsinst II, because o her application Of the lands +,
9 Tar ~ cispcsed a., 20 ;he promotion o. the CON.
lon cause q the Revolution aid, ahnye sn On -