Weekly national intelligencer., 1850-05-25

Y It
eved such pea would be available an individual un
der similar circumstances, in of equity should II
the opinion of the undersigned be held bad if relied on by
great nation But the Government has up such
defence regarding it, doubt alike incompatible with the
principles of JUSTICE and lis dignity and high character
When the Of 1872 passed for the reefofhe State
Virginia. it does notappear that any plea of the kind wasreed
on although there had been similar settlement with that
State and similar receipt TAKEN Nor does il appear that
prior the passage Of the act for the payment Of This claim
during the years it before Congress- this OBJ
lection plea urged against it, Relief in
evidently granted upon the broad principle justice and
equity.
But the obligation Of the United States to pay this claim
has been placed upon another and additional ground although
contained in the report Of the Senate In the cesson by
Georgia to the United States in 1902 Of that extensive and
valuable territory composing the States of Alabama and
Mississippi the United States undertook as part of the
sideraion extpguish the Indian title all the lands with
in the limits of Georgia. conceded that the Indian title
these lands upon which this claim CHARGE passed
Great Britain by the treaty of l773 and that the reyou
ton vested it in Georgia But Georgia took it in trust as
Great Britain took and held it. for the payment of the debts
due the traders. To the extent of Gaphns claim he had
en expressly created by solemn treaty pulaons upon the
Indian title to these lands. Was the Indian e therefore,
perfect in Georgia SO long as this ncumbrance upon
maned II was the Indian te no matter who held il If
perfect in Georgia, which the United States were
| bound to quiet and extnguish.
Could Georgia. before the claim of Galphin was paid say
the Indian title these lands belonged Internationally to the
State it not living unexinguished title, which
Georgia, to the Of this liep in equity and good faith
had claim to Besides, the Indians as party to the
treaty Of l773 had just right to insist and require that its
spuaions should be performed. II is submitted them
whether the extngushment of the lien of Gaphn does not
within the spirit if the letter of that clause in the
cession agreement referred to- And the proceeds
aesdy realized by the United States of sales of land
obtained by that cesson exceed twenty millions Of dollars
Georgia would entitled very liberal construction t
Apart from the grounds suggested constituting an equi-
table obligation upon the Government for the payment Of this
claim might with Proprey be urged ha, the interest
OF Gaphn in these lands having been appropriated by one
member of the firm of SaIe virtually for The benefit Of ALL
the whole firm should be held responsible and that he might
therefore, Irrespective OF any direct liability to any one
| very properly apply to all for relief.
Such the grounds which this claim rested prior to
the act of s4s and the undersigned by pre-
pared admit that they constituted obligation upon the
Government pay the contrary they are Of opinion
that taken in connexion with the eminent services Gal
phin they present strong claim to its Justice well to
its lberay But even if be conceded that the Govern
under obligation pay and that its payment
had been gratuousy assumed would not in the opinion
Of the undersigned in the slightest degree affect the question
to the payment Of interest The of ls4s, in the Ian
guage OF the former Secretary (Mr Wake) recognised
the claim, and the United States became bound pay it,
whatever it might be"
The referred the Secretary for examination and
to the amount due. It was not to ascertain
whether any thing DUE whether the claim was
just. The Senate report says there be doubt as
to its justice equity" admitted just in l775 and
it has been admitted always and whenever has been
anined the only question has been, Who ought pay
It was not referred to ascertain the due in ITS,
for the precise amount stated in the Senate report The
certificate OF its liquidation at that me and of the amount
due, before the Senate. But it referred Just
and merorious claim, that the due thereon at the
passage of the act might be ascerained and paid.
Having shown, think that the claimant entitled
to interest, did the authorize its allowance con-
ceded that the accounting officer had authority allow it.
unless the act conferred it. But not necessary that the
authority should be conferred in express 1t would be
equally available, and equally the duty of the accounting Of
fcer TO act upon il, if implied We do not understand this
position to be seriously conroveted but if u.s. the autho
rites in support Of and conclusive. list
OF cases in which the accounting officers have allowed ne
rest although the acts referring them silent in regard
it. hereto annexed If the expression in the opinion of
Attorney General Crtenden relied be construed
that interest allowed by accounting officer unless
the act expressly directs it's allowance, is manesy
neous. But apprehend it must have reference the
particular class Of which the in which the opn
ion given belonged In that there nothing in
the act or in the merits Of the claim to justify the payment Of
interest. @ .* >,
Is authority, then, in the act in this case, implied In
the opinion Of the undersigned is. In view Of the Senate
report and Of the peculiar character and merits Of the claim
the presumption may be fairly INDUCED that Congress passed
the act in spirit OF beraity well justice Should it
not, therefore, be construed in the spirit literally,
remedial and not penal statute The intention
do an act Of justice long delayed to the representatives Of
revolutionary patriot ard public benefactor.
The naked return OF the amount justly due their ancestor
in l775 without interest, when fund charged with its pay
men, and amply sufficient for the payment of both, had
appropriated in aid of the cause Of freedom and pde-
pendence, would fall far short only the imperative
demands Of JUSTICE but of the presumed intention of Con-
gress But the relief granted by the act is believed be
not thus limited expressly requires the payment Of what
amount, upon examinations may be found due and
any chancellor Judge be fouGd who having jusdic
ton Of the case would decree the meager Of the
amount due in IT'S all that due-as the
Of relief to which the claimant entitled We appe
hend such Judge be found, and that would be diff
cult to pack jury who would return such verdict
But the allowance Of interest does not depend upon liberal
construction Of the the scest construction would
spayu ii ANDY Mt rule
the Government has been violated by the payment Of the
interest on this claim IT. believe, the Of ls4s
implies authority to pay it. then has been paid according
to both law and usage, and in discharge Of imperative
duty which the imposed. 1t is true, as applicable to
the great majority Of disbursements by this and doubt
every other Government, that interest is paid But it is
equally that this and every other honest Government
interest in all cases. where upon the principles of justice
and equity, interest is due. Vattel says:
"Al the promises the conventions, all the of the
sovereign naturally subjected the rules those Of
private persons" (Vatel, lib g. chap. IA, p. 2ls.)
That eminent urs the amented Justice Story, says. in
Thorndike United States Q Mason's Reports, 20 }
elf the present contract between private citizens,
there be doubt that the would be bound give
interest upon the contract to the time Of payment; and
by law the amount due the contract could be pleaded
tender set off to private debt would be good bar in the
full extent of the principal and interest due at the time of such
tender or set-o Nay, if the note promise were
made by citizen to the Government the latter might enforce
its claim TO the like extent. Can make any difference in
the construction of the contract that the Government is the
debtor instead of the creditor In reason, justice, in equ
~, it ought make none, and there scntia OF law
to justify any, II suit could be maintained against the Gov
ernment do not perceive why would not be much the