Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-22
THE GALPHIN CLAIM.
MINORITY REPORT.
BY MR.. BRECK.

The undersigned, members of the select commit
tee of investigation in reference to the claim of
the representatives of George Gall hin, not con-
curing in portions of the report of the commit
tee, and more especially in so much thereof as
relates to the allowance of interest on said
claim beg leave to submit the following
embracing their views in regard to that ques-
ton:
In the examination of this question, it is deemed
important to inquire
lst Whether, inview of the peculiar character
and merits of this claim, Justice and equity re-
qured that interest should be allowed; and, if so,
3D. Whether the act of Congress of August,
lS46, authorized its payment.
The facts of the case are so fully set forth in
the report Of the committee, that a minute reca-
pitulation of them is not considered necessary
Some of the most prominent and material will
only be noticed
Itappears that, in 1773, the Creek and Chero-
kee Indians coded by treaty to Great Britain, in
payment ofd debts due by them to certain licensed
Indian traders, among whom was George Galphin,
about two millions and half of acres of very val
liable land in the then colony of Georgia.
The aggregate amount of these debts was about
forty-five thousand pounds sterling. Great Bril-
tain accepted the trust, and undertook to dispose
of the land, and to apply the proceeds, after de-
fraying the expenses incident to the negotiation of
the treaty and the execution of the trust, to the
payment of the debts, and, should they prove in
sufficient, to apply them pro rata. 1t was also
understood that Great Britain was not otherwise to
be responsible for the debts nor were the Indians
tho cession being accepted by the traders in full
payment and discharge of their demands.
In ITS, these claims were liquidated under
the treaty, and there was found due Galphin,
in virtue of his own original claim and of others,
which he held by assignment nine thousand seven
hundred and ninety-one pounds, fifteen shillings
and five pence, lawful money of the then province
of Georgia, and certificate of the settlement and
amount of his claim was issued to Galphin by au-
thority of the governor and council of said pro-
vince Under the provisions of the treaty, some
portion of the land was disposed of prior to the
commencement of the revolution, but no part of
the proceeds was applied to the payment OF Gal
phin's claim, nor, so far as appears, to the claim
of any other trader. Such being the state. of
things, the Legislature of the Stale of Georgia,
in January, 1850, with view to sustain and aid
her in the revolutionary struggle, passed an act
recognising the treaty of 1878 in regard to these
ceded lands, providing for the payment of the liens
thereon, in favor of the traders who were friends
to America, in treasury certificates, bearing six
per cent. interest, and also for disposng of the
lands.
Gaphin was valid lien upon these lands, and
that he was entitled to the benefit of this act, we
need only refer to the testimony of single wit
ness, who was intimately acquainted with him,
and who was a member of the Legislature which
passed the act referred to- This witness was
George Walton, one of the signers OF the de-
caraton of American independence. The fol-
lowing is an extract from his testimony:
This January, 1880 was period of deplorablehos-
ty and suffering to the good people OF this State; and
an act was then passed having expressly for its object
the more extensive settlements of that land for the
purpose ofmprovng the interest," increasing the strength
of the Stae the better TO oppose the ravages OF the
time. That the said act did further recognise the prn,
cple of the treaty and the claims OF the traders and
did, moreover, provide for their adjustment and pay
ment in favor OF such as were friendly to the reyolu
ton; but the act being REFEREED will speak tor itself
The undersigned has only mentioned it because he
was chairman OF the committee that reported it; be-
he attended to its passage, and well recollects Its
motives, its sincerity, and intention OF justice Was
George Gaphn friend OF the revolution and OF this
STATED be the only question asked upon the c aims
of his representatives And the affirmation of this
question is answered by the public notorety and uni
Versa consent. Having, however, enjoyed his friend
ship in his Misunderstanding fully known his sentiments
as to the revolution, and been frequent witness of
his exerons favor ohe cannot resist the occasion
of paying his own individual tribute OF gratitude to his
memory and services Who is there that has forgot
tell the exercise and weight ohs influence in restrain
ing the inroads and consequent murders and ravages
OF the savages especially the Creeks? Now, the I'M
designed is of opinion, therefore, that to dispense
with the claim of this venerable founded as it is
is to dispense with the justice and laws OF the land
This statement was made in 1900. George
Galphin died in 1880. In 1889, his representa-
tiyes petitioned the legislature of Georgia for the
payment of this claim. A favorable report in re-
gard to it was made by committee, upon which,
however, no action appears to have been taken
by the Legislature. Application was afterwards,
in 1871, made to Great Britain for payment, but
it was refused upon the ground that Galphin had
been rebel, and by espousing the cause of indie
pendence, had aided in deprivng her of the very
fund or lands upon which his claim was charge.
The claims of all the other traders, however,
they having been loyasts-were paid about that
time by Great Britain, and '0uh interest In 1898,
the legislature of Georgia was again appealed to
for payment, and the application was persevering-
ly renewed and continued till 1889. The justice
Of the claim, and the meritorious character and