Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-29


not charge them for their services but if the papes had
been presented by Others according TO the statement OF
thegentleman from Tennessee, Mr. STANToS,) and OF
the gentleman from, Texas, Mr.. HowARD) they would
have considered 1t nothing improper to have appeared be-
fore that commission any than to have appeared
before the Supreme Court as counsel
Now, my point was, to show from the whole legislative
history of the country that such connexon has
been deemed Improper that there is Legislation against
it, This, think, have established. The only depart
ment of the Government in relation to which sach
nexion prohibited by law is that of the Treasury That
is the only Department in which public officers pro-
hibited from holding such relationship In the War
Department there is law against either the head of
any subordinate being interested in claim prose-
cutting claim pending before the treasury In theState
Department there is such prohibition in any ether
Department Here and in this connection, beg to call
the attention of the House to the investigation which
had in 1887 before the memorable committee of Mr. Wise
You recolec perhaps that amongst other charges Of
improperly preferred by Mr. Wise that the heads
of of the Departments specializing in the pub
lie lands and with having interest in and with prosecu
ting claims against the Government. The position Of
General Jackson and Of the party then in power OF which
he emphatcally the head was that there lao
against H. and that if the head of any Of the Departments
except the Treasury of the officers of the Govern
ment had claim against the Government, dis
posed to invest his money in specializing in the public
lands, that it well-grounded charge against the
integrity of such officer have the report of that
mtee before me, with the remarks of Mr. Wise upon it,
These papers, think, fully sustain this position.
The Secretary of State charged at that time with
being largely interested in land company in the State
of Alabama. Witnesses put upon the stand, and
questioned to that fact The question modified
and restricted to make the witness whether the
Secretary Of State had been interested in any land specu
lations contrary to law" There law against it,
and the question was not permitted to be propounded
touching the matter without this modification The in
ference clear that he II no was that it ashs
legal right to be, SO Interested
Well sir with this distinct allegation to the Secretary
Of State what said General Jackson to this commttee
you are able to point 10 any where there is the slight
est reason to suspect corruption abuse of trust OBJ
stace which can remove shall be lnteposed to prevent
the fullest scrutiny by all legal means This he said to
Mr. Wise He had specified the speculaons of the Secre
tary of State in public lands But that of
corruption and abuse in the opinion of Gen. Jackson,
because it was not against any law.
General Jackson held that there was corruption in
the charge if true, because there law against it:
and his friends in this House the committee would not
allow the question TO be put.
And say sir, you must first define crime before you go
hunting criminals lou must first proclaim by law what
is wrong, and what you intend to hold public odum
beoreyou hold Mr. Corwin Mr. any body else, up
public maleactor for breaking your law. Your law
must first be made and published Where there is no law
there is transgression Therefore you cannot right
fully charge the Secretary of the Treasury Senator
of the United States, with being improperly" employed
as counsel before the Board of Mexican Commissioners
which is the issue in this matter until you declare by law
that Senator shall not be employed and until he then
shall have rendered himself obnoxious to the provisions Of
your law When all this takes place his conduct will fall
within the range of those which called nadta
proJia and not then within that class denominat-
ed q aala Sc, unless there be positive corruption
But sir there is another matter brought into this dis
cusson to which beg the indulgence of the House for
short reference
The Investigations of Mr.. Wises committee
nected with other matters besides specuaons in land
and one of which has been alluded to in this debate 1t
freely admitted by the then Secretary of State, Mr.
Forsyth that he had been employed attorney and
employed while Secretary of State to prosecute against
the Government what is well known the Gaphn claim
General jackson knew and the country knew that Mr.
Forsyth admitted this 1t not denied. He was Sec
rotary of State and admitted the fact before the commit
tee. Here is his evidence. Yet no one censured Mr..
Forsyth and then dared impugn his honor for
it, That then and stands above reproach because it
his legal right to do The Secretary of the Urea
sury by the law of 1889 prohibited from prosecuting
or becoming interested in claims against the Government
But, have said there is law prohibiting this in
the heads of the other Departments Now, beg the in
diligence of the House, by way Of DEPRESSION TO alude
somewhat this claim which others have associated with
" Gardnerism, they call it. | addressed former
House upon the subject. but there many here
who doubt not, know but little of its merits. The gen.
teman from Ohio, Mr. OLDs in his speech, alludes to
/" Gaphinism," g the Gaphins" He says that after
the decease Of the lamepted Taylor, when Mr.. Fillmore
entered this hall to take the oath of Office followed by the
Cabinet of General Taylor, Corwin heard the murmur
from the galleries, 'sthere the Galphns" which
| reached every part of the hall.
| Well sir, the gentleman may have heard such muir
but did not and never heard of it until it in
his speech.
Now, sir, intend to say something on this Galphin
claim Gentlemen may, if they choose continue to cry
Galphn fraud but they shall not do it without the
exposure which is due TRUTH well right and JUS
tice.
Mr.. Speaker, am here to-day to defend that claim
against any one who may be bold enough TO assai it.
hold myself ready say and maintain that there
fraud in the Galphin claim. this claim alluded to
in paper the other day " the Gaphn swinde. Now,
Mr. Speaker ask this House hear not as partisans
what have assert in vndicaton of the truth in this
matter feel ii my duty to do it, in vndication of the
people whom / know, descendants Of Galphin, and
who under him have received their just rights
rights which long delayed at the door Of public JUS
tice. Some of these gentlemen reside in the State Of
Georgia. and reside in the State of South Carolina
high minded honorable and chivalrous as ever
trod the face Of the earth who would take
dollar from the Government that Justly their due
Some of these parties know-and will vindcae them
and will indicate the truth of history whenever they
their conduct in this matter assailed magned
There was sir, fraud in the Galphin claim. In the
maintenance of what say, shall assert facts andnothng
but facts which uncontroverted in the past and in
conrovertble for all time to come And when am DONE
the rise here in the face OF these facts
and say that there fraud in the payment Of that just
debt
These the facts In 7773 the Cherokee Indians and
the Creek Indians in the State Of Georgia indebted
to certain traders to considerable amount OF money
They had nothing to pay it with. This was while Geor-
gia British colony These Indians agreed to cede
the Crown Of Great Britain certain amount OF land,
two millions and half of acres hcreabouts-in con-
sideraon Of which Great Britain to take the lands
and discharge their debts these traders The treaty
made in 1773 On the I'd May, l175, certificate was
made out by commissioners appointed according to the
treaty, George Gaphin for G9,79l los Sd The war
of the Revolution broke out in 1776 The land not
sold by Great Britain the debt any part Of paid
and in I777 Georgia took possession OF the lands She
,bo IN he coll m md