The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-21
THE REPUBLIC.


sponsible for the debts, nor were the Indians-the
cession being accepted by the traders in full pay
ment and discharge of their demands.
In IT'S, these claims were hquidated 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 Geor-
gia, and certificate OF the settlement and amount
Of his claim was issued to Galphin by authority
of the governor and council of said province. I'm
der the provisions of the treaty portion of the
land was disposed of prior to the commencement Of
the Revolution, but no part OF the proceeds was APP
piled to the payment of Galphin's claim nor, so far
appears, to the claim of any other trader. Such
being the state of things, the Legislature of the
State of Georgia, in January, 1850, with view to
sustain and aid her in the revolutionary struggle,
passed al act recognising the treaty of l773 in
gard to these ceded lands, providing for the pay
ment of the liens thereon, i'll favor OF the traders
who were friends to America, in treasury certih-
Gates bearing six per cent. interest," and also for
disposing of the lands
TO show most satisfactorily that the claim of
Galphin 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 witness, 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 Declaration Of American indie
pendence. The following Is an extract from his
testimony:
,
hostility and suffering to the good people of this
State; and an act was then passed having expressly
for its object the extensive settlements OF that
land for the purpose of improving the interest in
creasing the strength of the State the better to OPP
pose the ravages of the time That the said act
did further recognise the principle of the treaty
and the claims Of the traders, and did, moreover,
provide for their adjustment and payment in favor
of such were friendly to the revolution; but the
act being referred to, will speak for itself.
"'The undersigned has only mentioned 1t because
he chairman OF the committee that reported 1t ;
because he attended to its passage, and well recol
lects its motives, its sincerity, and intention OF JUS
ticc. Was George Galphin friend of the revolu-
ton and of this State! can be the only question
asked upon the claim of his representatives. And
the affirmation of this question is answered by pub
lie notoriety and universal consent Having, how
ever, enjoyed his friendship in his lifetime-hav
ing fully known his sentiments as to the revolu-
ton, and been frequent witness of his exertons
in favor of ithe cannot resist the occasion of pay
ing his own individual tribute of gratitude to his
memory and services. Who is there that has for
gotten the exercise and weight Of his influence in
restraining the inroads and consequent murders
and ravages of the savages. especially the Greeks
Now, the undersigned is of opinion therefore, that
to dispense with the claim Of this venerable man,
founded as it is, is to dispense with the justice and
laws of the land"
This statement was made in 1900. George Gal
phin died in 1850 In 1889 his representatives Pc
titoned the Legislature of Georgia for the payment
of this claim. A favorable report in regard to it
made by committee, upon which, however,
action appears to have been taken by the Legis-
lature. Application was afterwards, in 1871, made
to Great Britain for payment, but it was refused
upon the ground that Galphin had been a rebel,
and, by espousing the cause of independence, had
aided in depriving her of the very fund or lands up
on which his claim was charge The claims of all
the other traders, howcver--they having been 10y
alists-were paid about that time by Great Britain,
and toih interest In 1893 the Legislature of Geor
gia was again appealed to for payment and the ap-
plication was perseveringly renewed and continued
till 1899. The justice Of the claim and the merito-
rious character and eminent services of Gaphin as
revolutionary patriot, were always admitted in
the reports to the Legislature, and, with two or
three exceptions, its payment recommended. Still
no provision was made for it. II appears that the
claim of Galphin constituted the only charge upon
these coded lands, after the claims Of the other ira
ders were paid by the liberality Of Great Britain,
and that they have at all times been greatly more
than adequate to pay his claim with interest. No
part of his claim paid till paid by the
United States; nor, prior to that time had either
the United States or Georgia ever paid any thing
in any way for these lands. They were disposed
of by Georgia in aid of the revolutions portion OF
them gratutously TO actual settlers, with view to
the defence of the country, at period of great su
fering and peril and portion in discharge OF mil
itary bounty claims.
In view OF these facts, il ia believed the position
may be incontrovertbly assumed, that the claim OF
Galphin charge upon these coded lands to
the extent of the ascertained and iquidated amount
due him in IT'S, and interest thereon from that
times and it is deemed equally clear that Georgia,
having acquired jurisdiction and control over them
by the Revolution, took them, nevertheless, with
the charge upon them, and, having disposed OF
them, was bound, in equity and good conscience,
to discharge this claim; and, as the fund or land
greatly more than sufficient to pay both the
principal and the interest, that she equitably
as much bound to pay the one as the other. Such
appears TO have been her sense of justice, and
the view of her Legislature in the passage of the act
of 1850.
The principle relied on, that a rustec is not re-
sponsible for interest unless he makes interest has
not the slightest application to this case; Is the
principle, without qualification true in any case.
IL trustee refuses TO pay over trust fund, when
properly demanded, and converts il TO his own use,
he renders himself responsible for interest, and nc
authority 10 the contrary can be found. But, in
this case, whether interest made not IL
wholly immaterial the fund itself was sufficient
to pay both principal and interest," and still leave
for the trustee the lions share.
Without pursuing this branch OF the case further
we proceed TO inquire whether the payment Of in
terest was authorized by the act Of Congress. The
act il follows:
"That the Secretary of the,Treasury be, and he
is hereby, authorized and required to examine and
adjust the claim of the late George Galphin, under
the treaty made by the Governor Of Georgia with
the Greek and Cherokee Indians, in the year 1773
and to pay the amount which may be found due e
Milledge Galphin, executor of the said George Gal
phin, out Of any money in the treasury NOT other
wise appropriated"
II is manifest that Congress passed this act in
view Of most of the important facts in regard &c
this claim. They substantially set forth in the
report Of the committee which reported the bill tC
the Senate, (Which Is hereto appended, marked Al
and il has been held that accounting officers may
very properly refer to the report Of committee
reporting bill, when there is doubt To the con-
struction Of the law. Opinions Of Attorneys Gen
cral, 1885, also, opinion Of Attorney General John
in the case Of De Francia, Both May, lS49. }
The report in this case says: Gas there be nc
doubt as to the justice equity of this claim, the
question presents itself, Who is bound TO pay it
the Government Of the United States, the State
Of Georgias" The conclusion was, that the former
ought TO pay Il. The grounds relied on in support
Of this conclusion were
LIST. That the obligations Of the treaty OF 1775
upon Great Britain devolved by reason Of the revo-
luton upon the Government Of the United States
which, having failed to diIcharge them, became
liable for the payment Of this claim.
The report states, I'd
THAT the State Of Georgia appropriated these
lands, set apart they by the treaty of 1873
for the payment Of these debts to the public de.
fence, and that the bounty warrants of the officers
and soldiers Of the Georgia line, in the revolution.
airy army, were located upon them. By an act Of
Congress, approved July 9Th, 1892, the Government
Of the United States provided for certain claims
which Virginia had assumed, to the officers Of thai