Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-04-06
+. r. MONTAGUE,
Late clerk in the First Auditors Office.
TREASURY DEPARTMENT,
First Auditors Office. Sent. 6. 1913

SIR: Upon examination OF the papers in the case
of George Galphp deceased referred to this office tor
report under the act of August 18th, 1913, find that
this claim originated in certain debts due to the said
Galphn, and other traders from the Greek and Chero
kee Indians, the payment OF which was provided tor by
the treaty OF 1878, between the said Indian tribes and
the British crown That the I'd OF May, ITS,
count of those debts examined and adjusted by
commission, composed OF the governor and council of
the colony of Georgia, and the sum of nine thousand
hundred and ninetyone pounds fifteen shilings
and five pence (f9,791 l5s 5d-S43 5l6 81 was found
due to said George Galphin, in his 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 the British by the said treaty provided
the same should be sufficient for that purpose but, if
insufficient then, in rateable proportion to each of the
claimants as appears from certificate rendered in his
favor and recorded in the journal of the proceedings OF
said governor and council that day. That alter the
said adjustment, and before the payment of any portion
OF the said claims, the war OF the revolution nerfered
and ultimately resulted in transfer Of all the rights and
interests acquired by the British crown, under the aore
said treaty of 1913, to the government OF the United
States That during the revolutionary struggle the said
Geo. Gaphin warmly supported the OF independ-
ence and by that act excluded himself from particpa
ton with other Indian traders, who took part with the
crown that contest, in the payments made by it,
account of the said treaty, after the close of the war;
from the general appropriation act OF Parliament for
1890. pickering Statutes, vol xxxvi page 36) That
various committees Of both branches OF the Legislature
of Georgia have different times reported in favor OF
this claim setting forth its justice and recommending its
payment by that State. That these recommendations
failed to receive the concurrence OF both Houses at any
session. upon the ground that this was claim pro-
pery against the Government OF the United States,
which, after the establishment OF our independence, had
succeeded 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 1t further appears by the testimony
filed in this case that the lands coded by the Indians
under the aforesaid treaty. very far exceeded in value
tofa tho dahtc char 0a6p a,d
that considerable portion OF them were in fact diverted
from their application to the purposes of the treaty. and
applied to the settlement OF the revolutionary bounty
land claims.
Under this state facts thus briefly reced but which
are more fully presented in the papers and documents
filed in the case, there be doubt about the obga
ton the part OF the United States, to pay the whole
amount ascertained to be due to the claimant by the
settlement made by the governor and council OF the
colony of Georgia, in May, l775 the sole contingency
by which that obligation could have been properly al
fected viz deficiency in the value OF the coded lands
not having occurred. The only question Of difficulty
in this relates to the payment OF interest This is
usually withheld upon the principle that the Govern
ment supposed to be ever ready to pay ADJUST demands
against it, The propriety OF this principle its appl-
cation unlquidated claims will not here be question:
ed But when claim has been once fully examined
and adjusted and specific amount found due to par
ty it would seem that such clam should stand on diff
ferent grounds and that the principles of evenhanded
Justice would impose the same obligation upon the
Government as that which rests upon individuals in
similar cases. And nasmuch as the latter would be
properly liable for the payment OF interest," the Govern
ment ought not to be released from corresponding
liability to pay interest upon its debts But in addi
ton to this there yet another consideration which in
the determination OF this question, should have its due
weight In paying the claims OF such OF the Indian
traders as sustained the interest OF the British govern
ment in the war oil the revolution, that government
allowed interest. Those claims originally occupied no
higher ground than that under consideration. If
they were entitled to interest, this should be equally
So
The patriotism of this claimant, the more praisewor-
thy, because he stood alone among his former associates
surely should not be converted into the of injury
to his private interests would be the case, if after
having his Just and ascertained rights withheld from
him. for nearly hreeourths of century, the interest
thereon should now be also withheld.
In reducing the amountto our own currency, paren-
heticay stated above not being able ascertain GER
tany what the established of exchange at that
day. I have adopted the usual in other cases. viz:
81 A to the pound sterling
| enclose herewtha statement of the account of
George Galphin, drawn up in accordance with the
v Jews above presented.
have the honor to bevery respectfully, your obedeut
servant, GEORGE ii. JONES,
Hon MoC. YOUNG, Acting auditor.
Acting Secretary ofthe Treasury.