Weekly national intelligencer., 1850-05-25

land in whosoeve hands they might come except SO Lar a
by right of war, the claims were conhscaed.
AS against Gaphin that right never existed ne sHug-
led in common with the patriots OF the dy In wrestling the
territory from British rule and in subectng II 10 he sove
eighty of Georgia ), r.,s.
That upon the cession by Georgia to the United States
in 1902 the latter became liable for the stpulatohs OF the
treaty Of 773 and bound in law and honor to execute them
& That the minimum of their responsibility being the
a of the lands and this being far beyond the amount OF
the claim with interest," their liability for the entire amount
manifest 40,
las clearly under her law not, between her and
Ealpb;n because Gaphns disloyay it the duty of
the United States TO have upon that Government
n That Georgia responsible originally as between her
sell, and the claimant but the lands used in great
measure for the benefit Of all the States either as
means Of giving soldiers bountes furnishing resource
10 guard against Indian ravages the United States in ls4S
when they agreed pay this particular claim agreed to as
sume liability coexensve with that of Georgia In this re-
spect unable distinguish between this case and that OF
the Virginia Communication assumedby the United Staies
by the act of July, 1882.
g. That the allowance of interest ia such in no way
conflicts with the prior of the Government In relation
to such allowances That the act OF s4s gives the power 70
allow IT, cannot be, do understand it to be, denied.
It by assuming that there is settled and almost unVe
sal rule adverse such allowances that the claim thought
to be invalid.
For want Of time am unable to go into examna
ton of the which interest has been pad where there
was ne express provision for it in the law embracing the
claims AS have already said, think the Virginia commu
ta,ion claims to the objection but the claim IN
question stands upon grounds higher and stronger than these
Here beside the obligation resulting from assuming as
WAS done by the act lS4S this debt OF Georgia. because OF
the appropriation by her Of the lands charged with the debt
10 the common cause which all that existed IN the Vr-
pina cases there exists this additional ground that by taking
Ihe eeson from Georgia. In 1902 bound ourselves TO
tnguish all outstanding titles to the lands within the limits
of Georgo and therefore compelled in good faith to
this debt which, by solemn treaty stpuailon was then,
maid lien slch land
the last place. that looking to the circumstances preceding
the act Of ls4s stated in the memorial of the claimant
and in the report the Judiciary Committee and looking
the words of the law ITSELF have no doubt was ana should
have been the purpose of Congress to pay the interest
well as the principal the claim. This in my opinion, was
due to the services and sacrifices of the ancestor of the claim
ant to the mere legal and equitable responsibility Of the
United States Of the lands charged with the debt
to the obligation Georgia to indemnify her against it. be
Of her application Of the lands as far as disposed o
the promotion Of the common cause OF the revolution and
above ALL to the duty which Congress must have felt O
securing her citizens that full OF justice de
manded by the treaty stipulation Of l77s, which England
under much less imperative circumstances, SO promptly ren
dered to her subjects.
AS am not able to find why the interest should
be made to short Of the passing Of the act Of s4s
am for the already stated Of opinion that ough
to be allowed to that date.
That the amount is large although it calls for as
has received my hands, most careful examinations is,
course, reason against its allowance.
A Government presents itself in more commanding
demands. Whilst guarding, as it should against unjus
claims and resorng all proper precautions to that end
should with the care and with view alike to its tru
interests character seduouy abstain from doing in eac
case any thing but full and ample justice.
It is under conviction that this will not be done in tn
present instance by any thing short Of the entire payment
the demand and from full conviction that the law OF ls4
authorizes and calls for its payment that have come to tn
conclusion here stated.
have the honor to be, with high regard your obeden
servant, REVERDY JOHNSON.
Ca. H.
The opinion gave is not full should have made it
had taken time in its preparation. But if the com
miee desire il, will supply this in part by putting them
possession of of the authorities which it form
ed. These of several classes.
First Those in which, under circumstances not stronge
than this claim presented the United Saes in their dealing
with other nations have uniformly demanded interest
Second In which Congress has itself, in terms, given in
terest to individual claimants.
Third In which, without such terms and under languag
not comprehensive than that of the Gaphfa act, tn
accounting officers have allowed interest with the sanction
the head of the proper department
Fourth In which, under the opinions of my predecessors
interest has been allowed.
Fifth In which the of the United States have ad
judged it against the United States.
Sixth P which, by the laws Of nations and the decision
Of prize courts, it has been allowed
Seventh In which words similar to those in the treaty
l773 have been held charge land granted devised
and in which also words similar those in the fourth aric
Of the cesson Of Georgia the United States, Of the 24
APRIL loOZ, nave Deen heid 10 embrace sncn ue or inter
the Indians and Gaphn had in the lands ceded by tn
treaty Of 1878.
Eighth. Which, that Georgia held the lands charges
with the claim trustee bound to the extent tha
England would have be bound but for the revolutions to hav
paid the claim principal and interest and that the United
States by virtue OF the ceson of 1902 bound in goot
faith to Georgia. the trust and designed t
do by directing the claim, the whole claim to be exam
ined, adjusted, and paid say the whole claim for nj
distinction made intended by the of s4s between
the claim for interest and that for principal although, having
before them the fact Of the Of the principal it wou
have been matter of COURSE had such been the design
have confined the authority of the Secretary to the paymen
Of the principal REVERDY JOHNSON
IN SENATE OF THE UNITED STATES,
JULY z, lsI6.
Mr.. ASHLEY Senator from Arkansas) made the
following report
The Committee IN the Judiciary tn whom was