Weekly national intelligencer., 1850-05-25

qudated and would have been paid but for this cause
Other Indian traders whose claims rested on precisely the
grounds that Of Gaphn and were provided Tor b
the treaty. but who adhered to the British side 10 Inc
Revolution, paid by that Government whe ha o.
Gaphins heirs he being lead was rejected because OF
his adherng to the side OF poPla nights against an apa
and unjust Government
The lands ceded by the Indians in 1878 to the Crown OF
Great Britain for the purpose of dschargng their debts to
the traders on The of the struggle for independence
passed into the possession of the State of Georgia. and now
constitute counties and parts OF counties within her
limits Believing the liability Of those lands for the payment
Of their debt still follow their change OF ownership, the
heirs of Gaphn prosecuted their claim before the Legislature
OF that State able procure its recognition
by than the other branch OF that body io
while all agreed il its justice and equity, doubts entertained
by many the obligation of the State to pay it. operated to
defeat its success
AS there can be no question to the justice equity Of
this claim the question presents ITSELF Who is bound to pay
it, The Government Of the United States or that OF the
State Of Georgia Here was debt secured by express
treaty stipulation between the British Government and certain
Indians and no obstacle remained in the way to its payment
provided for in the treaty It had become vested right
and for the Revolution which lervened would have been
acquitted and discharged The Revolution not the act
of the State of Georgia She merely participant in
what the common glorious act Of all it was by no spe-
ca Of hers that the treaty which this debt secured
aside and it would that being only sharer in
the which caused the rights secured under it to be dse
gaded she should scarcely be called to meet the whole
responsibility which should be the joint responsibility its
benefits the joint benefits of all who contributed to its
accomplishment AS well might any single State DC called
on indemnify citizen of the United States against the
act Of the General Government because he resided within
her limits that of the State of Georgia should be called
the Revolution which may considering its consequences, be
called national act and which transferred from the British
Government against which Gaphn's heirs could now have
claim that of the United States their right of appeal for
its settlement By the act of the Revolution, the Govern
ment which followed and of which Gaphn, he had
ibuted its establishment claimed the projections transfer
red itself all the obligations which existed prior thereto
the part of the Government which by it set aside, as lar
as the claims Of similar character with the present
cerned The Government Of the United States now stands
in the relation Indian tribes that Great Britain did prior to
the Revolution And the obligations of the treaty entered
into by that Government with the Greek and Cherokee In
dams before that event. which had for its object the payment
of the just debts Of the traders, would to devove
the United States wherever it could be shown that the claim
ant had fixed that obligation by his support Of the Govern
ment substituted That the obligation further is
sufficiently manifest, and needs argument The Govern
Of Great Britain paid the debts Of the Indians to such
traders had espoused her and rejected Gaphin
who opposed it. And the duty Of The United States
Of whose Government Galphins heirs the subjects
to prosecute theirs and failing do so have made them
selves justly liable for its payment
Apart from the considerations above set forth, the State
Georgia appropriated these andsset apart they were BY
the treaty of 773 fuad for the payment of these debts
the public Defence and the bounty of the officer
and soldiers of the Georgia line in the Revolutionary
located upon Them By act Of Congress approved
July s, 1882 the Government Of the United States provided
for certain claims which Virginia had assumed, to the Off
of that State engaged in the public service during tn
Revolutionary It is believed that the principles OF tha
act applicable to the present claim, which the commte
think ought be allowed, and accordingly report bill
his relief.