Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-22

Assessed on an average, at nearly double prices that
the claims in the nature of unqudated damages,
upon which, general rule Of law interest was not
allowed; that the principles of equity did not call for
the allowance OF nterest-so far from it, that they for
bid it. Under circumstances like these, it is believed
1t would not only be unprecedented to charge nation
OF Indians, but any other nation, with interest But
the case seems to be relied authority to show that,
because 1t was held unprecedented, under the cTcum
stances OF that case, for nation OF Indians TO De
charged with interest," therefore Georgia and the states
were not bound to pay interest on Gaipmn's CLAIM
The case would not have been so particularly notced,
it not relied on prominent authority why nte-
should not have been allowed IN the present case.
But before leaving it, must be permitted to say as
Georgia claimed interest against the Indians under the
circumstances of that she ought to be est0pped
from denying the claim of Gal phin to interest in this
case and the United States have thought oper to
step into the shoes OF Georgia. they should be subject
to A similar eSt0ppet.
The great antiquity OF this claim will be found enti
tied to weight an objection against it, when it is
understood that every material fact upon which its JUS
ce depends, is incontrovertby established 1t has, in
fact for efourhs OF century, constituted part of
the history of the country, and there little hazard in
thepredction that is destined to give extend
ed notoriey to the name OF the claimant than it would
otherwise probably ever have obtained
The amount OF the claim, although large constituted
no reason against Its payment In regard to the pay
men of the principal it is conceded on all sides that it
has been paid in conformity to law and precedent In
this all the accounting officers OF the late as we'll as the
present administration concur but different opinions are
The auditor TO whom the former Secretary of the
Treasury referred the claim reported in favor of paying
the interest as well as the principal The comptroller
ported against the interest. Mr. Walker directed the
payment OF the principal but his impression being
against the payment of interest and not having time
examine the subject he left the question to the interest
an undecided open question Tor his successor. In his
testimony however, before the committee, he says, if
the claimant had presented to him such argument
that OF the opinion othe Attorney General he should
have referred the the Attorney General and been
guided, he thinks by his opinion.
The present Secretary referred the claim to the comp
troler, who decided against the payment of interest.
He then requested the opinion OF the Attorney General
and in pursuance OF bis opinion-whieh indicates a
thorough investigation OF the case and fully snsa ms
the deservedy high character Of that distinguished jul
rist--directed the interest to be paid
Whether the Secretary was required to pay the inter-
est question of law upon which it was the duty
of the Attorney General when requested to give his
opinion. The law has constituted the Attorney Cen
era the legal adviser of the executive department OF the
governments and rarely, fever in its history, has his
opinion, when sought, been djsregarded In the adjust
ment and payment OF this claim therefore, it appears
that all the acquisitions and forms OF law have been
complied with. The proper officer has decided the
law, and payment has been made accordingly The
revision of his opinion or decision by committee Of
the House OF Representatives is believed to be without
a precedent in the history of the government. The
committee being of opinion however, that the resolu-
ton OF the House required the merits OF this claim and
whether its payment had been made in conformity to
law and precedent to be investigated, the undersigned
members the committee after laborous examina-
ton and full consideration have come to the conclu-
sion
ls That the claim was just, and that the government
was under an equitable obligation to pay it.
I'd That the interest as well as the principal, have
been paid in conformity to law and precedent.
The undersigned, appears from the report of the
committee fully in the statement Of facts there
in. DANIEL BRECK,
G. NJ CONRAD
JAMES G. KING,
JOSEPH GRINNELL.