Weekly national intelligencer., 1850-06-01
NATIONAL sINTELLIGENCER.
yon rHr rArrosAL rsrEILIGEscEn.

honor of an acquaintance with any one who has
been at all implicated in the matter OF the Galphn
claim, have felt no other interest in regard to the
investigation which that matter has ELECTED, than
such as every general reader naturally feels in a
matter which has become a prominent topic of dis
cussion in Congress and in The newspapers. /
have. however, read with some care the Report of
the select committee Of the House on that subject
as well as the arguments submitted by the three
several branches of the said committee and, as /
have perused these documents uninfuenced by any
feeling, either Of political or personal character
I trust have been able to give them candid and
impartial consideration.
II strikes me that part of the argument sub
mitted by Messrs. BURT and JACKSON. and
very large proportion Of that submitted by Messrs.
DISNEY, FEATHERsToN, and MANN, is devoted
to question altogether foreign TO the subjects
submitted to the committee for investigation. i
refer TO so much Of said arguments, respectively,
as attempt to show that Galphin had, prior to the
act Of August IA, lS4S, no legal claim against the
United States, under the treaty of l773. | cannot
suppose that it was the intention of the House Of
Representatives, in nstituting this investigation, to
call in question the action OF the late Congress in
passing said act The true subject of inquiry was,
whether, under said act, the interest as wen as
the principal Of said claim was rightfully and le-
gally paid Whether said claim was originally
valid and legal claim against the General Govern
ment or not was matter altogether foreign to this
issue, inasmnch as Congress had, by express law,
directed the Secretary of the Treasury to examine
and adjust the claim Of the late George Gaphn under the
treaty made by the Governor Of Georgia with the Greek and
Cherokee Indians in the year l773, and pay the amount
,oaich may be found due Mledge GsIphin, executor"
&c. The question, therefore, is not whether the General
Government under any obligation to the payment
OF this claim, but ho much did she assume Did the Sc
cetary of the Treasury pay than the act of Congress
authorized and required him to pay Upon this question
propose to submit few remarks
II is important be borne in mind that the act of August
a. ls4S does not direct the payment of the that might
be found Justly due from the United States from the State
ofGegia from Great Britain from any other party
in partcuarbut simply the amount which might be found
due Gaphins executor under the treaty Of l773o matter
from ,uba party due. For than half century the
question in regard this claim had been not whether it
justly due, but from phom due By passing the act
of August s4S Congress cut short this vexed question,
by assuming the payments not of part but of all that
due Galphins under the treaty of l773 It is
very that interest justly and legally due Gal
phn upon said claim from any party, Congress assumed
the payment the act expressly directed the payment
of aphatspr might be found due under said treaty. without
reference to the questions to tohat party due from,
whether due principal interest The question, there
FORE is interest due to Galphins executors under said
treaty. from any party? No member Of the committee has
undertaken to conove the fact that interest," well
principal justly and legally due to Galphin's executor
from party In the argument of Messrs. Burr and
Jackson the obligation Of the State of Georgia pay the
claim, Nth interest," most distinctly admitted and clearly
demonstrated will he by the following from
the
ssThe Indebtedness Of the Indians George Gaphn and
other traders admitted by themselves by the treaty Of
l773 and extensive ard valuable lands in the State Of Geo
ga ceded to the Crown of Great Britain discharge
them The lands to be sold by the Crown, and the
proceeds of the sale thus appropriated The due to
George Gaphin asceaned by commissioners be nine
thousand seven hundred and nnetyone pounds fifteen sb
ings and five pence and certificate for that delivered
TO him. The commissioners Of the Crown proceeding
to sell the lands when the revolution arrested them It's
suits defeated the performance of that duty overhrew the
sovereignty Of Great Britain in Georgia, and gave that
State not only the title TO the lands but the sole jurisdiction
and control them She disposed Of them bountes to
her officers and soldiers, who faithful to the Of
America in the revoiuon and in grants actual settlers for
the projection Of her frontier against the Indians
"These creditors, in consideration Of the cession Of
the lands by the Indians executed solemn release Of their
debts against them, and relied the engagement Of Great
Britain apply the proceeds Of the sales of these lands the
payment of their demands The act of the British colonies
and Georgia aoDgtihem rendered the performance Of this
engagement impossible and gave to Georgia the lands. All
the benefits and advantages that constituted the consideration
for this compact the part Of the Crown accrued to Georgia
She took the lands subject to the charges upon em and be-
bound the Crown, dispose Of them for the pur
poses for which they ceded. Having applied them to
her use, she became liable for the debts The Grown
having paid the debts the Indian traders who remained loyal
to their Government only the debt of Galphin remained
charge upon the ns Georgia has always admitted the debt
of Gaphin against the Indians be clearly just and unpaid
and, in the opinion of the committee she clearly liable
to pay il, unless the lands inadequate fund.- This
she has alleged Besides the evidence satisfactory
from the quantity and description of the lands that their value
was immensely greater than the of all the debt to be
paid Whether Georgia liable for interest GalphiEs
debt could be determined only by her her duties
She alone could prescribe the measure Of her justice OF her
bounty" wv ss g But payment Of the prin-
cpa by Great Britain Of the debts Of the Indian
traders who adhered her fortunes would admission
that according to her Of their rights interest
them Georgia seems to hare entertained The opinion,
In 1880, she passed law authorizing the payment ch
res Of the claims against these hnds held by those whose
claims should be found to be just and who had been friends
to America But while she has always admitted the justice
Of claim and his valuable services in the war Of the
revolution, she has steadily ef,ed to pay it. fair in
ference however, that her refusal the consequence Of her
conviction that the United States and Georgia, bound
to pay it. Yet it is undeniabe that she LIABLE n the first
instance TO pay this claim, and could call upon the United
States to relieve her from that obligation only on the ground
thst these lands had been appropriated not to her excu
svely, but to the Of all the States that the
latter had assumed, expressly, the obligation pay the claim
Now let ask the candid reader is not the obligation Of
the State Of Georgia pay this claim, ch ineres most
clearly demonsated by the foregoing extracts from the report
OF Messrs. BURr and Jackson Let recapitulate the
facts and deductions therein set FORTH which, to my mind