Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-08
NATIONAL INTELLIGENCER.
GEORGE GALPHIN's CASE.

made DV COmmltt6cS Vi SOuSICoo upOu LMo pre-
pared by them, or referred for their examination,
nav be safely resorted to for the purpose of con-
strung and ascertaining the true intent and mean
ing of such bills when passed into statutes. This
opinion, it is presumed, all will concur in; and it
has been very generally acted on by those charged
with the duty Of administering the laws. Indeed
il cannot be doubted that when Congress adopts in
the form of law, the recommendations OF COM
mittee based upon certain facts and opinions ex-
pressed in written report, that report must, after
the law itself, be the most reliable exponent of its
views in regard to the subject-matter. 1t is pro-
posed to show the application Of this rule to the
questions involved in the Galphin case.
In the reports of the committee in ls4s, and
prior thereto already published it is stated that,
!" by an act of Congress, approved July 8, 1882,
the Government of the United States provided for
certain claims which Virginia had assumed, to the
officers of that State engaged in the public service
during the Revolutionary war. II is believed that
the principles of that act are applicable to the
present claim, which the committee think ought
to be allowed, and accordingly report bill for his
relief.'
Before showing what were So the principles of that
acts which the committee declare applicable to the
present case it should be promised that the 9Th
of August, 1890, an act was passed by which the
United States become liable for all the claims the
several States which " have accrued for the general
or particular defence during the war; Of the Revo-
luton, to be determined according to principles of
general equity, although such claims may not be
sanctioned by the resolves of Congress or sup
ported by regular vouchers" and these were to
be allowed with interest at six per cent During
the Revolution, in May, 1879, Virginia had, by an
act hereafter cited, promised to certain officers Of
her Continental and State troops half-pay for life
after the termination of the war. This promise,
to her State troops, she had not fulfilled when her
claims were settled under the act of 1870, but, on
the contrary, had resisted the demand consequent
ly these claims were not brought into her account
against the United States at that date, but shortly
after first under judgments rendered against her in
herow courts, and then by acts of the Legislature,
she commenced paying these claims, and continued
so to do at various times till 1881. The draught
upon her Treasury had become so considerable that
she applied to Congress for relief, on the grounds
stated by the committee to whom the memorial was
referred, in the following language:
I may be remarked very properly at this place. that every
claim presented and maintained against Virginia is for
compensation promised either for the general particular
Defence and that State may rghtfuly demand indemnity,
according with the sctes of the report the first
Secretary of the Treasury the United States upon this sub
ec and the act Of Congress Of which the parent That
report asserts the obligation in the United States to provide
by law for all the expenditures during the either for the
general particular defence and adds, In its own en-
phac language, that it appears difficult conceive good
why the expenses for the particular defence of par
in war; should not be charge, well as
those incurred poessedy for the general DEFENCE The de-
fence Of each part that Of the whole and, unless all the
expenditures brought into mass the tendency
must be to add to the caames suffered by being the most
exposed to the Of war; increase of burdens This
principle, indispensable to common and mutual justice,
engraed into the of Congress Of August 1870, and its
operation extended in practical efficacy, by dispensing with
strict proof The rgor Of the law was mgated by egis
lave command the end that this principle might be
Paneed to its widest sphere of action"
Upon these grounds Congress repaid to the State
of Virginia the amounts she had paid, principal and
interest, in fument Of her promises, and provided
for the adjustment and payment at the Treasury of
all outstanding obligations on the same account.
To show the similarity of the obligations assumed
by each State, for the same general object and al
most at the same time, exractSfrom the Virginia
act of May, l779, and the Georgia act of January,
1880, are here presented, the dates showing that
they passed in the darkest hours of the Revo-
utonary struggle and under the pressure Of an over
ruling necessity:
All general officers of the army, being citizens of this
commonwealth, and all field officers captains and subalteIns,
commanding who shall command, in the baaons Of this
commonwealth continental establishment serving in the
baaons raised for the immediate defence of this State for
the defence of the United States and all chspains, phys
clans, surgeons and surgeons mates, appointed to the said
baalons any of them, being citizens Of this common
wealth. and not being the service Of Georgia, ofany other
State, provided Congress do make tanamount pro-
vision for them, who shall henceforward from the
time of their being commissioned, until the end Of the
and all such officers who have shall become supenumeray
on the reduction Of any of the said bataons, and shall again
into the said service if required do in the
any higher rank and continue therein until the end OF the
war, shall be entitled to halpay during life, to commence
from the determination Of their command or service"
The act of Georgia, after reciting the deplorable
condition of the country, and stating that the rich
and healthy lands in Wilkes county remained I'M
settled to the derment of the strength of the State,
while her own citizens and others were willing to
settle and defend hem grants these lands to actual
settlers, exemptng all who should come in from
other States from all military duty except that of
defending the same during stated period. The
act then proceeds thus:
Whereas certain persons citizens of this and the State
Of South Carolina, and friend, the INDEPENDENCE Of the
same, claim that the lands in the county of Wilkes orr
gnaly given up and coded to the Government Of Great B
tain by the Creek and Cherokee Indians in satisfaction of
certain debts and due by the said Indians the said
certain persons, called Indian traders Be it, therefore, enact
ed That any person hving pretending have any claim
do lay their claims and accounts before this future
House of Assembly, to be examined and whatever claims
shall be just and proper and due the friends of America
shall be paid by Treasury certificates for the amount payable
in two, three, and four years. and carrying six per
interest"
To complete this analogy the acts of Congress
providing for the Virginia claims, and the solitary
one from Georgia, that Of Galphin, here given.
The act in favor of Virginia, approved July 5, 1882,
after, as above stated, refundng to her all that she
had paid as principal and interes: to her officers