The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-04
Late clerk in the First Auditors Office.
TnEAsvRy DEPARTMENT.,


Sin Upon examination Of the papers in the
case Of George Galphn, deceased, referred to this
Office for report, under the act of August l4th,
lS4s, find that this claim originated in certain
debts due to the said Gaphn, and other traders,
from the Creek and Cherokee Indians, the pay
ment of which was provided for by the treaty of
l773, between the said Indian tribes and the Brit
ish crown. That on the I'd Of May, TITS, an ac-
count of those debts was examined and adjusted by
a commission, composed of the governor and coun-
Gil of the colony of Georgia, and the sum Of nine
thousand seven hundred and ninety pounds
fifteen shillings and five pence (f9,79l los. 3D.
$43,5lS 97) found due to said George Gal
phin, in his own right, and assignee of various
other individuals to be paid out Of the proceeds of
the sale of the lands coded by the said Indians to
the British crown by the said treaty, provided
the same should be sufficient for that purpose /;
but if insufficient, then, in ratable proper
ton to each of the claimants, appears from
a certificate rendered in his favor, and re-
corded in the journal of the proceedings of
said governor and council on that day. That after
the said adjustment, and before the payment Of
any portion of the said claims, the of the revo-
luton interfered and ultimately resulted in trans
fer OF all the rights and interests acquired by the
British crown, under the aforesaid treaty of l773
to the government of the United States. That dur
ing the revolutionary struggle, the said George
Galphin warmly supported the cause Of independ-
ence, and by that act excluded himself from par
cipation with other Indian traders, who took part
with the crownn that contest, in the payments made
by it, account of the said treaty, after the close of
Od.,a
appears from the general appropriation act Of Par
lament for 1880. pickering Statutes, vol. xxxyii.
page &C. Thatvarious committees of both branches
of the Legislature of Georgia have, at different
times reported in favor of this claim, setting forth
it's justice, and recommending its payment BY that
State. That these recommendations failed to re-
ceive the concurrence Of both houses at any one
session, upon the ground that this a claim
properly against the Government of the United
States which, after the establishment of our indie
pendence, had succeeded TO all the rights, and,
consequently, incurred all the obligations of the
British crown in regard to this matter, and that
therefore the payment should be made by the
United States, as whole, and not by the single
State of Georgia. II further appears by the testi
mony filed in this case, that the lands coded by the
Indians, under the aforesaid treaty, very far
ceedcd in value the amount of all the debts charged
upon them, and that a considerable portion of them
were in fact diverted from their application to the
purposes Of the treaty, and applied to the settle
ment Of revolutionary bounty land claims.
Under this state of facts, thus briefly recited, but
which are more fully presented in the papers and
documents filed in the case, there can be no doubt
about the obligation on the part of the United States,
to pay the whole amount ascertained to be due 10
the claimant, by the settlement made by the gov
ernor and council of the colony OF Georgia, in May,
l775, the sole contingency by which that obligation
could have been properly affected, viz def
cheney in the value Of the ceded lands, not having
occurred The only question of difficulty in this
case relates to the payment of interest. This is
usually withheld upon the principle that the Gov
eminent is supposed to be ready TO pay all just
demands against it. The propriety of this princi-
pie, in its application to unliquidated claims will
not here be questioned. But, when claim has
been once fully examined and adjusted, and spe-
cc amount found due TO party, 1t would seem that
such claim should stand on different grounds, and
that the principles Of even handed justice would
impose the same obligation upon the Government
that which rests upon individuals in similar
cases. And, inasmuch the latter would be prop
erly liable for the payment of interest, the Govern
ment ought not to be released from corresponding
liability pay interest upon its debts But, in adj
dition to this, there is yet another consideration
have its due weight In paying the claims OF such
Of the Indian traders, sustained the interests OF
the British government. in the war OF the revolu-
ton, that government allowed interest. Those
claims originally occupied no higher ground than
that under consideration. II they enti-
tied To interest, this should be equally 50.
The patriotism Of this claimant, the more praise
worthy, because he stood alone among his former
associates, surely should not be converted into the
means of injury TO his private interests, ms would
be the case, IT, after having his just and ascertained
rights withheld from him, for nearly three fourths
OF a century, the interest thereon should now be
also withheld.
In reducing the amount 10 our currency,
parenthetically stated above, not being able 90
ascertain certainly what the established rate
Of exchange Mt that day, have adopted the one
usual in other cases, viz 81 "a TO the pound ster-
ling.
enclose herewith statement Of the account Of
George Galphin, drawn up in accordance with the
views above presented.
have the honor TO be, very respectfully, your
obcdient servant, GEORGE n. JONES,
Hon. Nice. YOUNG, dcfing Auditor.
Acting Secretary of the Treasury.