Weekly national intelligencer., 1850-05-25
OPINION OF THE ATTORNEY GENERAL.
ATTORNEY GESERAL's OrrIcE,

ATTORNEY GEsERAL's OFFICE,
FEBRUARY 2, 1850.
Sin: The question you have submitted TO me upon the
claim the executor Of George Gaphn under the act Of the
18th Of August ls4s, have examined with al the due
to the circumstances attending it, its supposed intrinsic diff
Guilty, and the large amount which it involves.
The opinion have formed clear in and, although
my official engagements in the Supreme Court will enable
to give my length do not feel at liberty to
refuse the request of the claimant that would state to you the
opinion ITSELF
The question is whether interest should be allowed on the
claim and, if it should he, from what period
First. Should it be allowed
think it should. The material facts are these George
Galphin the tesator of the claimant anecedent l773
authorized trader among the Creek and Cherokee In
dans in the colony OF Georgia. In that capaciy and the
assignee of the claims of other legal traders he creditor
of the Indians for large amount In l773, under insruc
on from the mother country the Governor of the colony
Sir James Wright negotiated treaty with the Indians by
which they ceded large extent OF territory now constituting
it is believed two entire counties of the State Of Georgia.
(Wlks and Lincoln and part of two Others Ogethope
aud Green and by express stpuaton the debts due by
the Indians to the traders secured to be paid from the
proceeds Of the lands Y
The treaty ratified by England in l775, and COM
missioner duly constituted qudate the payment of these
debts out Of the funds by the treaty provided for that end
Under this authority Gaphn's claim, and others Of like
character ascerained, and the due him found
to be 79l l5s 3D. sterling and for this be obtained
proper certificate.
The revolutionary occurring afterwards and end
ing in the independence of the colonies the territory ccded
became the property Of Georgia All the debts due the
ders provided for by the treaty. except Gaphn aer
wards paid, principal and interest," by the British Government
and his excepted only because of bis patriotic adherence to
this country during the war; The Others who were loya to
England, fully ndemnfed by that Government under
just and high Of the obligation imposed upon her BY
the treaty. although to her, the consideration as to the pay
ment of the debts in fact failed by the loss Of the entire terri
tory ceded But the fault hers and hs traders
innocent to that result and did all they could loyal sub
ects TO avert it. she stood between them and harm and fully
paid their claims That Gaphn's would also have been
paid, had he following the fortunes Of England, been
gadess Of the duty which patriotism in such emergency,
demanded, it is impossible to doubt.
The loss of his claim therefore to be referred exclusive.
ly which should the favor Of the
American Government and induce the Government to be-
necessary generous to the claimant instead Of causing
It to apply TO the claim rule Of responsibility often
in its effect placing its justice upon level far below that
wh ch by the law, between and man, daily do
cared to be the proper end only level Of Justice.
These lands wcfe to considerable extent disposed Of by
Georgia, in bountes to the soldiers who achieved her nde-
Pendenc given by her to settlers to guard her her from
tier from Indian ouirsges.
From time to time the claim demanded of Georgia,
and although its merits never Denied but the
trary 10 various ways admitted, ii was paid.
In SO2 large tract Of country comp isng the States
Of Aabama and Mississippi was ceded by Georgia tho
Uned States; but, until the law Of August ls4S no pro-
vision made by the United States for the liquidation OF
the debt Since that act il too late to dispute the JUS
ce OF the demand That question settled by the law IL
self looking only its TERMS the memorial which prayed the
relief and the report Of the committee who reported the bill
and, not put beyond all doubt If any existed
by the decision Of your predecessor, Mr.. olke paying
| the principal Of the debt.
4 As have already said Of opinion that interest should
be allowed and the date Of the certificate in i775 My
! reasons are briefly these;
l. The effect Of the treaty OF 773 was To charge the lands
themselves with the payment Of the debt, principal and
interest. '&H @
This charge in equity remained incumbrance the