The New York Herald Newspaper, May 18, 1850, Page 3

Georgia and the representatives of Galphin to Norwill the Execuuve epartment permit this | every country of E . In France particular! Our Washington Correspondence. law authorising the Secretary of State THE GALPHIN CLAIM. settle. It certainly left no Indian title. 3 usage to be set aside even by judicial authority, if aaron a perhaps yet, 80 dd ‘Wasinnaton, May 16, 1858. bre mv, J darn spe faa yaya | ~ aneteered Thus, examine it as we may, the claim or lien | it be inferior to that of the Cuurt of the | the laws condemn it, that with ihe exeeption of mi- Besnte end Onind — . a | people of West of Galphin was not within the meaning of the | United nor, marriage portions, money, and the price of Opinions mm Washington— Yesterday's | Plorids, incurred by them in the revolution they ha@ THE MAJORITY REPORT. agreement of 1802. “The right of the Judge to allow interest, was | lands, that a party who had paid interest voluntar:- | Vote tm the Senate—Indrcations 1m favor of the | *Mected, and pay them. Reuben Kemper came to we said It is suggested, however, that there is another therefore unwarranted.””- ion of Attomey Ge- | ly, might recover it back at pleasure. Evenin Eng- Compromixe—Its probable Success in the Senate— | W%#hington as the agent of the claimants. His ec- point of view from which an obligation might ac- | neral Crittenden, 17th June, 1841 land the allowance of interest is not given by ex- Mr, Benton—The President's Plan—Mr. Foote— | °°™*8 Wore all examined by Mr. Jobn Q. Adams, them on the of the United States, to pay the “1 am fully aware of the great weight that ought | press law, but rests at the discreti f “sand bs a jeeretary Bxtraordinary Developements. debt. The fj cwib General does not present it. | to be attached to the decision of the Circuit Court: Jarier: as the arbiters of 7m ute gy ifvraeeee The “ Republic Newspaper, and its new Editor— pes: claim, aan wtaee be Sic, dio. dhe. He probably saw its weakness. It is proposed by | for the first circuit, and I have no objection to ad- | of domege. It muy be payable in cases 0° delay, | The Quban Expedition - some, that, as the lands in question were a trust | mit that, as between individuals, the claim for in- | if a jury their discretion shall think fit to ‘allow A vote to lay the Compromise bill on the tnble | Teme Bearaine Of $21,775, tarnished im Mobile river, ‘The undersigned, members of the committee fund ‘in the possession of the State of Georgia, | terest in such a case would be an equitable and | it. It ts not a purt of the debt, neither compre- l teags * 7 one Hausy Dela Francie, to Reuben Kemper, jhe d, rittee ap- nk e a tt ter tar i Ie te ies | ended tates! h n was lost yesterday in the Senate—28 votes having | $8¢Mt of thegovernment. This claim was rejected pointed to make investigution into the o1 and | but which phos te appropriating them as bounties asonable one. But thet is not snougl to justify hended in the thing nor in the term, and words pion | Mir. Adams, as there were no vouchers to ‘ nature of the Galphin claim, together with such | 0 the soldiers of the revolutionary war, transferred | the executive department in deviating from what I | which pass the debt, do not give interest, necessa- been cast against it. Three Senators were absent | Kemper, however, did not giveitup. He bought we- other matters connected with it 4s may be neces- | i? fact to the government of the United States, | have always understood to be one of the best as | rily. It depends altogether on the decision of the | from their seats when the vote was taken, who grees and settled on @ plantation on Red River, and toa full understanding of its t and Galphin having a right to pursue this fund, | certained and most inflexible rules of the adminis- | judges and jurors; and where the party cannot pee ; here got one Chartes Mulholland to administer Uj sary | understanding of its merits, and the ; - agg? ; F any would probably have voied against laying the bill phd mode of settlement, beg leave to report, that— the general government became bound to pay his} tration.” Again: “If courts of justice allow ofa | muke profitout of the money in hand, it ought not snag od a y! v the estate of the aforesaid is Francia, (a The facts of the case, as set forth in the report of | Claim. i i ‘ set off against the United States, on alleged prin- | to be allowed —Letter of Mr. Jeflerson to Ham- on the table; and one or two who voted for laying } Pe oem) and to bring asuit against hin mper) for the majority of the committee, exhibit its history ; It is, howéver, essential to this conclusion, that | ciples of justice and equity, by way of mere de- | mond, State papers, Vol. 1. 212—Opinion of Attor- | on the table, will probably vote for the Compromise | pohand tage aod “4 dive said De la 's estate, and a Tete ceeriation of the opinion of the Re the fact should be first established that the govern- | fence, theie is of course no reniedy for the govern- | ney General Wit, ss on its coming up for final action. ‘Thus you wil! | _ Colonel Gilbert. pete ae, a torney General will enable us not only to deter- | ment of the United States received the benefit of | ment against a final decision to that effect. But | There is no general statute of theUnited States al- | coe that, if the vote,as I believe it should | , | dent of Sobite, and now In this elty wan eecond i mine the character of the cliim, but to decide upon | the fund. Was this so? Atthe time of the war} when, on the tay of such a decision xs an au- | lowing interest, and if, for the sake of argument, we J batrsidiers it should be, is to | command under Licutenant F ocodan ge agra the propriety of allowance of iaterest upon it. “fine | of the revolution, Georgia, South Carolina, V thority collaterally binding upon the executive de- | admit that the trust fund had paseed into the posses | be taken ag an indication of the fate of the bill, we | dria or Baton Rouge, at the time Mulholland broughé obligation of the United States to pay the debts, | Bitia, Maryland, Pennsylvania, New York, Coa- | pertment, these are required to depart from their | ion of the United States, one of the very anthor- | have at Jeast 31, and probably 33 or 34 votes in suit against Kemper, in the court at ‘isendel ee seem to be derived from the fact that, “upon the | Recticut, and Massachasetts, each possessed and | clear snd fixed rules. I. must declare that Ican- | ities relied on by the Attorney General, would not | fayor, and its success may therefore be cons the alleged sum of $11.77. He saya that General -cession by Georgia (to use the livguage of the At- owned vacant and unappropriated lands, and each | not assent to the doctrine.”—Opinion of Attorney | have given interest in the case. | *Jnterest will not ” goseme alker, now Governor of Lonisians, was the torney General) to the United States, in 1802, the of them, with the exception of Connecticut do- | General H. S. Legare, 1812. be allowed against a trustee holding a fund where | Ce7tain egy of the me that the jury at first declined to latter became liable for the stipalations of the | pated them in bounties to our soldiers. ‘These | ‘1 um bound to adhere to the course of the exe- | he had made no interest,if there be no laches or ne- | Mr. Benton, it is certain, is preparing to maky a aguinet Reaper Sethe cue a tae nee treaty of 1773, and bound in law and honor to exe- | Wete State donations. The old Congress donated, | cutive department until Congress shall see fit to | glect, or use of the money on his _part.""—Cassels | speech against the bill in the course of a few days, | 1 per cent, trom the sth of November, a ye at cute them.” How the United Stutes are liable we | 1 @ similar manner, bounty lands to all the soldiers change it.” ** The accounting officers are bound | vs Verner, 5 Mason, 332. The exceptions grow in which he will put forth all. hisi 5 ry ul but that noexecution fesued to collect the mons are not told; but we are left to infer that, inasmach | of that war, without regard to the States in which | by the law. ‘The courts have authority under that | out of the profit which the trustee may, or might, | ‘2 Which he will put forth all his ingenuity and all | joy wanting only the judgment of a court for hie ‘as the United States became bound by the terms they might have served. The donations of the | statute (1797) to admit equities.”—Ibid. have made by the use of the money; but as the his strength. It is not feared, however, by the | voucher at Washington. And conditions of thut cession, to extingnish * the | States were held to have been peculiarly for them- | It is not the duty of your committee to inquire | lsw will raise no such presumption against it, they | friends of the Compromise, that he will be able to | cM) Bustell refors to General Jessup, who wae Thdian title to all the other lands within the State | Selves; the donations of Congress were for the in- | either into the propriety or the reason ef the rule; | witl not be against the government. ‘Such are the | add anything to the opposition, in votes, which | \tationed st Paton Rouge at the time, im command of ‘ef Georgia,” it became bound to extinguish any | terest of all. To have indemnified the States for | it is sufficient for us to learn that the rule exists— | principles which ought to govern the accounting | already exists; while you may judge for yourself | and A teuel vernon tee eee cee one pains title which might be in those lands. | the grents they made, would, in point of fact, have it is well established, Usage cannot alter the | officers in settling claimsaguinst the United States, | of the moral Weight it may be calculated to exert | the oldest and iret sepectatle iste eee ‘Whether this was so, depends entirely upon the | ™eee the general government itself the donor. | law; but it is evidence of the construction given to | and the records show how closely they have been | upon publie opinion. Baton Rouge, and Pourtece ye te ee fact of its being an Indian title. The United States | And thus it would have given twice or thrice, as | it, and must be considered binding on past transac- observed in praetice.—(See Reports of the Auditors | Of the fate of the Compromise in the House of | ration that there never w: known in either place at the ‘was bound to extinguish no other; but their obli- | the case might be, the quantity of bounty land to tions. Hence, of necessity, usages have been es- | appended to the report of the mojority of the | Representatives, nothing definite can at present be | time referred to, or about that tive, any such person as gation to extinguish was perfect. the soldiers of a State which owned none—a dis- | tablished in every department of government, which | committee.) | : Pe Should it pass the Senate, however, it is the | De la Francia, or any arms or any munitions of war of ‘The treaty of 1773 conveyed the Indian title to | ¢rimination forbidden at once by every considera- | have become a kind ef common law, and regulate | | Mr. Crawford was sppointed agent and conusel | opfnion of careful and experienced men, that the | 2®¥ kind, delivered by any b« er place named, the British crown, and paced, to be sure, loated | tion of right and jusuce. ‘The soldier of Georgia | the rights and duties of those who act within their | for this claim as far back as the year eighteen | concentration and force of public opinion thus pro- | fo Kemper oF to anybody else, in Vehalf ot the goverm= with the incumbrance of these’ claims of Galphin, received from the general government his bounty | respective limits.”—U. 8 vs. McDaniel, 7 Pet. I. hundred and thirty three. As such, he asked pay- | duced, both in and out of Congress-—together with ge Russell declares the ¢ rie logether with the claims of others; but the eatire | land to an extent as great as did the soldier of any | This would seem to be conclusive. The general | ment from the Legislature of Georgia; from the | the geod sense and pairiotism of the House itscl{— | tious, and rotten from beginuing to wad. ent. Guat Ae title of the Indians passed. ‘The traders executed | other (State; and here the obligation ended. rule is clear. That there are exceptions, is a Indians, at the treaty of New Echota; and lastly, | will induce that body to yield. Mr. Clayton will ask for a committee to oxeatne’ ike releases to the Indians, and the Indians ceded the | Georgia's donations were from her own bounty, | ter ef course. These are, Ist. When interest from the government of the United States. Up to Should this, however, not be the case, the pas- | the subject, with power to send for persons and papers, lands, and all the liabilities between the two were | aPdnot from the common fund. As possessor of directed to be paid by special act of Congress, either | the year 18835, with the exception of the application | sage of the Compromise by the Senate will be of | he will prove it to beso, He says it was rejected by settled and definitively closed. The legal tide | tke eminent domain within her limits, she could % express terms or by strong implication. 2d. | to the British government, the claimanis had be- | incalculable edvantage in quieting the excitement | Mr. Clay, when Secretary of State, in 1526, and subse- ‘vested in the crown; Galphin, it may be, had an | #PPTopriate her vacant lands as she willed, regard- | When itis stipulated forin the contract, 3d. When | sieged the government of Georgia alone, No one | in the public mind, and convincing the great body | juepty by other heads of the same department. | Mr. equitable lien; but the remainder was in the crown, | l¢s8 of the bounty of the United States. “She did | the claim is for advances inade to the United States, | concerned seemed to have thought that the United | of the people, both North and South, that let Puchanam refused to allow), ane Six. Pington’s clerk, no reversionary interest waa left behind. No J any. obligations which she incurred in the | though this exception has its limits; and 4th, Un- | States were under any obligatic zealots, fanatics, demagogues and incendiaries do | Mt, Hunter, to whom Mr. Clayton bad referred the event, short of actual! repurchase, could reinvest the al of her lands were peculiarly her own, and | der decisions of the Supreme Court of the United | moral, to hey, the debt; but, at the treaty of as they pl and rantas they may, the Senate separa an bls quineions sareoniy, ona all'at, “erp title in the Indians. They had neither title nor in- | She must discharge them. These lands, then, | States. Echota, the iter yrs — = . f United States Commissioners agreed | of the Union States is an impregnable bulwark, | papers were withdrawn—Mr_Attorne: “ terest lefi, present, prospective, or contingent. were not used for the benefit of the United States ; When the act directs damages to be paid, or in- | that the federal government should guarranty its | behind which the Union and the" constitution are | son was plied—bis legal opi wan OM sined that the The proceedings of the war of the revolution | the, United States derived no benefit from the demnification to be given, or authorizes the ac- | payment, “ without expense” to the Indians. "The | sate. ought to be paid—and it was . the principal, laced the State of Georgia in the stead of the | fd, and, of course, incurred no liabilities on | counting officers to adjust the claim upon principles | ¢liim was, however, rejected by the Senate, as is You reada good deal, in certain papers, about with interest at six perceat, (not tem) from British crown, and she became seized of the latter’s | @¢count of any incumbrances charged upon it. | of ‘equity and justice,” the usage permits an in- | shown in the history of the ease; but that event | the “President's pian’ respecting the settlement lovemsher, T2108. Title, and subject to its liabiiities. But what stipu- | Besides, if the fund had actually been | appro- | quity into the propriety of allowing interest ; but in | marked the first developement of the though’ | of the question of California and the new terri- Ruseell’s authority for referring to Tations, or part of the stipulations, of the treaty of ted for the common’ benelit, it by no | every other case it is hot an open question. that the United States might be induced to pay | tories; but withdue deference to the confide es ee ne eee ee ae 1773, the United States became liable for, by the 8 followed that the government of the | ‘The present case was not within cither of these | it. More than helf a century had rolled away | spectucles worn by most of those who write een Clayton, im. Re IRENE, Oe conditions of the cession of 1302, is not’ easy to | United States would be liable for the charges on it. exceptions, and if it had been, it would have been | from the time that the war of independence | about it, I really have not yet been able to| ihe hasvers of the understand. The States were quite unequal in wealth and geae- | subject to another rule. Interest could only be al- | hed been brought to aclose; but the claim had | encounter this “President's plan,” of which | the Tyler adminict The burden of the stipniation to apply the pro- | Tsily, as well as in population; and it well might | lowed from the time that the claim wus presented, | been kept alive by the industry of Galphin’s repre- | they speak in such glowing terms of adi k, had a contract for ceeds of the land to pay Galphin’s claim, if it rested | be that a wealthy or « rous State might make with the proper vouchers. It had been urged and 4 In one very short and very miserable senten js in the Paeitic, seu anywhere, was on Georgia, and the title of the donations larger than the common interest required. ** As the United States are always ce to pay 5 “ ‘nite efore the Legislature of Georgi subterfuge, time out of mind, of weaknes nd to carry out Jands wa: her. There was no title to extinguish | If this was so, it would be a subject of considera- when a claim is presented, supported proper on hed dropped from any quart and embarrassment—it app specified number, fr ns thus:—Under son, &e.. of Now ght to our publio ollare: con- for Georgia’s benefit. ‘I lien of Galphin, and | tion how far the federal government should dis- | vouchers, it can rarely, if ever, happen that they vernmnent of the United Sta found the only existing vestige of this much v tract was to expire when notice to that effect should be the Indian title, were two quite different things. | Chetze an obligation thus imposed. Equity and | are justly chargeable with interest, because it is le for the debt. The proceed ed “President's plan”—Put off the evil day! | {0 At'itrcre ain Toles term lod expired, Toes is the entire whole of it. The President re- | jieve. Mr. Benson asked to have a notice for the eon- commends—because he was, by the public acts of | tract to last for two years entered on said contract.— his administration, committed’ to it, without, at | This was refused, but consent was obtained that the first, any pretence that it was to be conside contract should run on for six months, or that Mr. a “settlement” of any of the other ques- | Henson should have six months notice for the contract tions involved i i versy—t ’ to terminate, ions involved in this controversy-—that Californi Mr. Bancroft, soon after entering upon the dutios of be admitted, and the aflairs of New Mexico » 8 ; oftice etary of the Cause” and Utah left to settle themselves, when they | Mitac sir teaser su eoniornaiy. with, Me, Epler e and | come up! In the first place, this would be | frevious dircetions, that his contrast would ram oat in regard to the other States would, under | the fault of the claimant if he delays presenting his | Echota, however, opened a new quar mstances, deny indezanity to its full ex- | claim, or does not bring forward the proper vouch- | payment might be cbtained; but iu the fi tent, and the precise amount to be allowed could | ets to prove it and justify its payment.”—Opinion | the eflort failed. The Senate of the L be properly determined only by an agreement; nor | of Att'y Gen. R. B. Taney, 1811. rejected the provision, and the untiring would the case be altered if the property donated “He has never made application for payment, | tenewed their application to the ( Asa lien, it might have been discharged. had been a trust fund in the possession of the State, | and, therefore, there has been no withholding pay- | ture, thongh rgein without as it had effect, or impaired or weakened the [ In such acase the extent of the I ity of the | ment egainst his consent. If he conceives himself | covreged, in 1544 they again ap, dian title, and from the moment of its creation, it | ''™ d States would flow only from its agreement, | aggrieved by the practice of the Treasury in similar | end finally in 1848, Congress passed the act requi stood in opposition to it. ar is not pretended that any such was made in | cases, he has his remedy before Congress.”—Opia- | ing the Secretary of the Tre cre te If there could be any dovbt about meaning ard to the lands ineumbered by the Galphin | 10n Attorney General Wm. Wirt. tthe claim. Mr. Craw H tained | insuring the repetition of such a do-noth six months from that d Within that period mo of the phrase, as used in the agreement and cea- | lim. If Georgia appropriated the fund charged | To apply the principle to this case, tions to it, and by agreeme rtually | les ess as the present hi contract was made with any one for freight to the Pact- sion of 1802, a bricf considera’ would explain it, | With (he payment of the claim, Georgia must aa- | quiry, when did the parties present their claim, and ene half of the entire amount. Under the | every time any of these questions could be brought | fie, but « public store-ship curried out th ppl Georgia had been harrassed and annoyed by the | 8Wer f it, No obligation devolved upon the | bring ferward the proper vouchers? . “ Its history | (2™s of the net, the late Secretary of the Treasury | forward; and next, it would be manifest injust Mr. Benson appied to Mr, Bencroft for The title had been successively the title of the Indians, of the British crown, and of the State of Georgia ; but the lien remained the lien ¢ It was but a lien, at b id could into a title only by pr for that purp jar n- inroads of the Indians, and by conflicts between | United - shows, that the first application to the government duty topay the principal ; but his term | and gross neglect Of the people of New Mexico | Paid o notpies of law and equity.” | Those alleged ahemend her citizens, in regerd to the 0 y | ly the net of Sth August, 1790, Congress made | of the United States was made in 1837, It was not aboui to close, he was unable to de- | and Utwh, who cannet be su 1 to apply for ud- | damages mere retuned eg of certain tracts, and she desired to have the in- | Pevision “for the settlement of the accounts be- | allowed till the passage of the act of 1813. The to that op which | mission as States for many ars to come. It | jew officers, Mr. Solicitor Gillett and Mr, Attorney dian title extinguished throughout her entire do- | hyeen the United States and the individual State; whole adjustment of these claims being confided to decide the qu on of | secms to me that Congress has no right thus to | General Toucey, who decided that there was no law or main. It was to accomplish this that she inserted ‘The act created a board of commissioners to re- | exclusively to the Secretary of the Navy, the terest; and though his impressions were against the | leave a portion of its territories and its inhabitants equity that would justify the aliowanee ot the claim, the condition Which bound the United States to ex- | ¢¢!ve and examine all the claims of the individual | amount allowed by him becomes a debt due from | allowance, he lett the matter open to the decision | without any constitutional government what- ‘On the last day of the last session of Cor reas o joint tinguish it to all the other lands in the State of | Stes, and “to determive on all such as shall have | the United States at the time of allowance. Opinion | &fbi8 successor. ever. It is impossible that any active and health- | revolution © glided” through that body, Georgia. There was no dispute in regard to the | 8¢etued for the general and particular defence dur- | Attorney General Wm. Wirt. neipal was paid, and Mr. Crawford re- | ful Jegiclation should be earried on until this | the Secretary of the Navy to sett oceupancy of the Galphin lands. ‘These had been | ine the war,” and made most liberal provisious for | ‘Then how could interest be allowed prior to are. Such was the position of the | question, and all the questions arising from the ave We see Tastee Srey settled aiid oceup y the whites, and they had | theirallowance. It directed each e to be de- | that date ? . hs , when My. Crawford entered the cabinet as | institution of slavery, are somehow settled | agen prtneigneat jaa ant remained undistui arly thirty years, when bited with all advances made to it by the United | It is clear that, if instead of bemg issued by | Secretery ct M ar. Deming his relations to be | permenently, and removed out of the way. | , the question of damages eqaid the agreemicnt of 1802 was made, The Indians set | States, and tobe credited with its disbursements | the Commissioners of Great Britain, the certificate | fitly noderstocd, be availed himself of an early | And on w calm review of the whole subject, it for @ re-examination by ite up no claim to them ; but they did with regard to | 4nd advances, Under its provisions the comunis- | held by ‘alphin had been issued by the authority | MOM nt’to advise the President of the facts. He | every patriot must feel and admit that the plan ot | who had already decided there was no law other lands, the occupancy of which they either | “ners discharged the duty ed upon them, | of the United States, interest would not have been | iMformed him that he was connected with a | compromise, so carefully and laboriously elabo- retained of claimed, and these were the lands which | ad made the seitlement require is equity to jw the claim, So lt was taken up by l and on the 2%h | allowed upon it prior to the date of the demand for claim then pending before one of the Departments | rated by the Special Committee of the Senate, is r. Secretary Preston, who, after getting the requisite Georgia sought to have relieved. ‘The title of oc- | J8€, 1798, reported that y ped maturely consi- | payment. Then we may ask, did the obligations ; i cupancy Was the Indian title, and it was the title of | dered the various claims, and find that there is due | of the United States become stronger, because, in- | PTePTi¢ty ef that positio for decision, and demanded his opinion upon the | ene of the most important and vitally necessary | legal cpinien from Mr. Reverdy Jobueom, that tt ought fora member of the eabi- | public measures that has been before the country | t® be allowed, approved and paid it. Ought not the sted in revising, and in the prep: occupancy Which she conditioned should be ex- | t© “nd frem the different States therein named, the | stes: issuil net. The President replied that he did not know | since the adoption of the federal constitution. As | Metter to be investigated ’ | Who were the agents and bie id be ex: | Sime as stated, Among these States is Georgia, | acknowledged de Toes anny sae veer they | that he had forfeited avy of his rights by becoming | to the “Prevident's plan,”” it is literally nothing | “tormera’ Aya there ls the ru | Moe maag Of the “The ultimate fee encumbered with the right of | 84 there was found duc to her the sum of nine- | arising from the acts of others ? ‘hts will hardly | ® member of his administration. ‘This he felt to be | and is only the shallow device of weak and vacil- | paia Ly members of this cabinet, have Leen paid to Indian occupancy, was in the crown previous tothe | t€0 thousand, nine hundred and cighty, dollars, | be claimed. / asanction, and Mr. Crawford at once employed | loting counsellors, to maintain a make-believe front | felatives and favorites. as principsls, or attorneys of revolution, and in the States of the Union after- | including interest to the 3st May, 1789, which, | ‘The Attorney General says, that “as the lands | Counsel to prosecute the claim. He, hawever, as- | before the people, and keep ther hold upon the | the esbinet officcrs who have allowed and paid them ® C ; i i ion of the ar- | President. is ® rumor that a claim of some $80,000 has “by virtue of the authority to them delegated,” | wi ced ii ene- they declare to be “the final and conclusive ba- Hofall the Untied: Btstes the. United Siewes ta gumente, and on several occasions spoke to the Mr. Foote hes been creaking fe-day in the Se- lances due to and from the several Stat This | 1848, when they agreed to pay thisparticular claim, | Secretary of the Treasury, urging him to make an | nate, in reply to Mr. Yulec, of Florida, the laiter &e., and their | Cleved the accounts ef Georgia for receipts and ex- | agreed to assume a liability co-extensive with that early disposition of the case. He also spoke to the | heving yesterday contended that the Soath should ban- | penditures during the war of the Revolution; and of Georgia. * “In this respect,” (he adds) “I am Attorney General to the same purpose; but he de- | demand an express recognition of the right of doned them, made a cession to the gor ment, or | !! Georgia appropriated any lands or bounties to her | unzble to distinguish between this case and that of | Jares that he never segeeed eiiher of these gentle- | sleveholders to carry their slaves with them into av authorized sale to individuals. i either case iers, the presumption is that it gave her no | the Vitginia commutation eases assumed by the | ™? °! his interest in the matter, nor did he autho- | the territories, and be protected in their possession. Dhin committee will report soon, and ty rights became extinct, &c. Sach was the cloim on the federal government, or if it did, that | 1 ted St net y, »” ana | lize any other person to give them the information, Mr. Foote argues forcibly and conclusively that | wil offe ‘csolution fixing a day for ite consideration cette amare tae Beal ink Shligation | aie os Uratwiney in the case, execut- } the constituicn fully secures the rights of the | and disposal. The principal report will be hard upom tenure of Indian lands, by the laws of all the origi- | She presente nd whether allowed or refused, dby Milk " rr i jase A , m . Sag Sar? ton) ne él fi i I Gal MOE, WDE. Ore South in the territanee, and that nothing short of | the Galphins, and the whig portio cy ii nal thirteen States, as well as Georgia.”—Chero- | the ¢laiin was closed. It is too late now, either for | resulting from assumin; was done by the act of | 0°) Sulietwe ~ a. 4 OO, Lf P' whig portion of the House wi Boe Hatton va. the’ State of Spores Ghia ~ orgia, or for others for her, to raise a claim in | 1848, thee debt of Georsle because of h dpenach ad ford, os well as a similar power to reevive and re- | an act of Congress can encroach upon them. Mr, | not vote against it, as it is understood. h we) . 4 “mews ot ‘ A ceipt for the money, were among the papers on file, | Foote, who in the carly part of the da 1 Tha tawot Georsin YA, be ‘ behalf on account of expenditures or liabilities | tion by her of the lands charged with the debt to | tlt for the money, we ig the p nfile, | Foote, early pa the day was seen a RO dict tale ta the Coalehia hana Piers bint ren | growing out of the war of the Itevolution, the oblic | the common cate, which was all that ‘existed in | Well us several letters, showing that Mr, Craw: | in clone consultation with Mr. Clay. is earnest and | pwenty=Stath Anniversary of the Amertean soning can we attach a meaning to the phrase, in | sion fer which was fixed and ascertained prior to | the Virginia cases, there exists this additional | {°%' ¥ in wot gin the eee _ ro these pooers eloquent. As fur as it is possible to guther the s ¥ School Unto: the deed of cession of 1302, which the lawa of | the date of settlement referred to. yound, that by taking the cession of Georgia in | 67 Mt fore t ~ te od the F of the Treasury, the At- | meaning and feeling of the Senate, the Compromise | ‘The twenty-sixth anniversary of American outie teal teas 3. Co ons directty to ton From these considerations, our mature conclu- feo2, we bound ourselves to extinguish all out- pak nm dhe om Sad: ha-any iaorledgs of eet Soll to-day, and its advocates are confident Sunday Sehosk Union, = fe swt Uhiladel ph! In we | c all a heerful, eet rn oo: 5 lowing are some standing titles to the lands within the limits Of | 1) Crawford's interest. The S retary of the yerterday afternoon. ng ct to gra ‘ark vs. Simi . S. Statutes at large, Indi “indian possession or occ with reference to their ha Tights were as much respected, unt sara, Corcoran & hud been lost, the reci- aim cortitying that they roper vouchers, but which had beea mia t. I give the rumor as o rumor in the shape me, but vouch not f out of th vouche: case, had the indians a right, ia 1848, to have paid | Sin is that there was neither a legal or an eq a 1 to th i i it | tao stetletion of th Poe my At Galphia, snd assumed, pro tanto, thelr title to ‘the a Sag he tard he A agree! Pa Moat Cee. dditional a ken of, ha ‘Treasury admits that, at some time, he heard that | is ty ns Kem swt rggheed an fe tied in Receipts, Spor 002 tr eX; New ‘¢ 5 53866 ff og STE dictation of 1808 was inserted by Georgia tay bave properly been. held ae directing it, and it |: heretofore atensl otal The other point = bey pen Mr. Crawford had been connected with the claims its editorial department will make any alteration in | Bations and legacie, $125,832 OL for autos and im “s nd for the pur. | W38 I The question next arises, Was it proper | the arsumption that, by the act of 1544, the United | but the remark left no impression on his mind, the course of the paper. This is very different dings in Chesnut street, $1,000 loans. Balances ins d for he benefit ; ie x fs ; c Tt was inserte; wad reel — und for the pur- | to pay interest on itt States assumed the’ debt, as the debt of Georgie, the Attorney General says that he examined no | from the generally received impression on this frei last your $4.362 2; and stock of books on hand, he ky Bh ee ape “. i . papers not necessary for him to understand its | subj but, believ 7 B. oa—Fi intended to cover the Galphin claim © determine this, we are naturally first led to | and did so because the lands were used in the merit The opinion of the Attorney General was Son J Jirvdepeiad doled Cy opps ned calling, Saat, Por Pi a bee r( be “Indi examine the act itself. Its terms authorize and re- | ecmmon catse, from which, it is claimed, follows | ™ i rn ran ort prey ae Any ar ome 5K _ ian | cuire the Secretary of the ‘Treasury ‘to examine | that the United States must discharge the’ full lia- | ¥en. end the Secretary of the ‘Treasury ordered | | I learnthet the administration has received in- a; paper, #51085 U0; printing.” $11, Sinent af 103, Whats her textimony ? Unk. | and adjust the claim,” and to pay the amount which | bility which Georgi that inasmuch as the Attorney General's opinion | formation of the departure of the expedition for the © ; Bibles and Testaments fom ‘cend Gonetantly she hee dealed pn nob. | May ve found due to Milledge Galphin’s executors, | de he | decided the principle that in point of jaw, interest | invecion of Cuba—said to be about six thousund eeee books purchased tu fill or- it gition FE eT ae eee nell ta recone | Cc. The claim is described as ‘the claiin of the ot a party to these proceedings. Congress should be allowed, is should be done. The matter strong. Orders have been despatched to the Gulf | dem $0.00 1%; interest on loans, $2,004 77; loane Tend its payment by the goverament of the Unied | late George Galphin, under the treaty made by the | did not sitin judgimeat on her. ‘The claim was not | Yi, ferred vp Bate Sede eset aad nt ee ee these piratical marauders, and | [roy Kore, b ceobers, States, she has refused. Such was the constrac- | (i@vemor of Georgia, with the Creek and Cherokee | directed to be paid as the debt of Georgia. The Fig — is passed bet he ollice 2 ne prevent ¥ hn Ha on the island. » Of | gy diunef the obligntion of the United States towards | Indians, in tho year seventeen hundred and seven- | act describes it as ‘the claim of the late George | (7% qomplroller, who onpended his sparoval, with | conte. i i verve Of the government, though | ¢5 her. She was the party ia interest ; the obligation | {Y-three.” ‘The words of the act contain nothin in;” and in no way implicates the State ppt omy - rete an ye esines Foods and ede Se en eee |S was due to her: che kee the title which che ine | it their arrangement, eo far us they poi t a Then, by what authority does the Attorney Gene- | tp perry od act he money was pi — vr ee je Lr ged were General | to poor schools, &e eee ener ee see Neate ite cchiteneem | direct the duty of the Secretary, which indicates | ral undertake to pronounce it to be her debt? ‘The | #74 After shating the eum paid for expeasesincilent | [oper und his ragamufling left to the fate they | ecatt of mae regard to. the neumnbered by Calphia's | 8H intention on the part of Congfess to take the | implications of his position are» that this was 8 | Siveg, in ccaformity with his agresaneat with the | They are-doing nothing in the T {the dcaation fund. Miscellancous items, $3,800 8a; Inim, ‘This alone iisposes of the case, Besides { ¢X#mination and adjustment of the claim from un- | debt of Georgia—that she broke her good faith, | heirs cae half of, Se partes Sn Bm By Sparen bento Been d gpntnad eat os Yalance cash on hand $0 86; stock « ks on nnd, = ‘Sti m tthe United Sta der the established and ordinary rules which govern | and that the United States undertook, inher behalf, | beit#,one half of amount as his owa proper | the ayes end nays on unimportant questions. coml ee. Th ie th tow tatehiok tae e igations on the part of the United States there, The interest amounted to one hundred and | Senate adjourns over to Monday. {i dig. & 30008 107% hich, added to th Lan syd existed as between her and Georgia; they are the Tt is | 2inety-one thousand three hundred and fifty-two pes ae a eee Heer 6 amoun' the ace wien digo l in om, eases, The lan- we my he debt and satisfy the damages a fruits of stipulations entered between two indepen. | RU&ge employee seems to be t at in common tise | by herthis, too, in oj tion to her wish. Jollare end elahty- sais, From thie tee " . tem total im- dent govermnents, from moti of policy, for the | 0 liquidate and settle,” to ‘adjust and rettle,”’ te | pronounced to be her i" and the extent of the | vue 9 nd igh Maseaatt ee toes fog ndln- Gig . suinaton, May 16, 1850. fey el eg edb dag audit and settle,” to “andit and pass,” to “settle,” | debt is measured, though, by her action, Georgia Crawford's receipts were twenty-one thonsand and Southern Caucus on the Slavery Question—Third Siege & time, In twenty. five differen: had incurred. But are w he debt of Georgia? + benefit of each, and either party had a right to re- lieve the other from all or any part of the agree- | ' “‘liquidate and adjust,” to “aud had protested, and denied the rule by which the | (our hundred and Jolla 4 ninety-eight Day wpon the Compromive Bill—Explanation | ‘These Sund: hook mins olpertes Soggy or & js and, in this case to “examine and a extent of the debt was ascertained, as well as the — and one dollars and ninety-clg : oy Sv ny- ot misstonacy oslgesteres ment. ‘To deny this, would be “subversive o the phraseology of the acis of Congress, in existence of the debt iteelt, ‘The elaiu of Galphin | 8 from the principal, and ninety-our thousand | and Crcss-cramamation of Gen. Foote—Bad Pro- ee a po he ype and have visited the eettlement of claims. Sometimes add is one thing, and the debt of Georgia is another; portly ng ae sana | nee pe Feng on spect of a Settlement. words are added, as “‘according to the principles of | and it wae not the latter, but the former, which the | 04 ‘Gfteen thousand five hundred and seveaty- | . There wos a caucus of Southern Senators, at the poy eee TWOME Gees Wo, Ue: & govern: sud jontion, pay Pi Pe koon ‘tasd' a “ihe Atoney Gone eae irae ates bo eight gollaze and forty-two cents, “8 Copitol, last night, on the compromise bill, and the | jooks, tracts, ke, have been made, (including $4634 That Georgia had an undoubted right to annal | feetive of the rule by which the adjustment shall | «ween the act of 1848 and that of July, 1882, in re- | fords ond the facts connected, with Mr. Craw- | two amendments offered by Mr. Jefferson Davis | 11, thé details of Which are not, +4 ) to the ‘that particular stipulation, and release ‘he govern- | be made, while their absence has been considered | lation to the Virginia commutation cases. Is there it thems, a+ ‘moby tion to the affair, and beget oo and Mr. Clemens, to-day, were the result of their yolue of $16,008 #6, and these, with the changes te the pened The Uniaed States freon les fullilene bo leaving the settlement under the rules ordinari- | any? ‘This latter was“ an act to provide for liqui- | Mit them, without comment, to the judgnieat o jonation aceount spre! nm the general report of re- not be denied; and her right to release it, ly epplied. But there are no such words in the act | dating and pay certain claims of the State of we admit thatthe obligntion had existed,) when | Of Avgust, 1848; and if it were admitted that the | Virginia.” The ¥ was an act to adjust and onformal application her Legislature retueed to ac- | languege which describes the claim, could be held | pay the claim of the executor of George Galphin. Knowledge it as the duty of the government of the | #* directive of its settlement as a claim under the | Onc was to indemnify Virginia for moucys paid, or United States to pay the debt, follows as a conse- pn Se 2 yo yaad to to be aid, by her for services in the common we pe made accot rule in sucha ; Jaime condi i cae eee Soe one ape Oe oes case. It was to be examioed "and adjusted under goede told to the Indian, the opeonne witch | it. stich cases is limited to the construction of the | rights of slave property in the territory—that is, if pe. ‘The various treaties by which the Indians ceded " law. Whatever may have been liberal or tlliberal ‘ " additional tunis, and rergoved their boundary lines | ‘he ordinary epplication of the established rules. | was intended ly the parties to be secured by a pe... a 'He is | %,Slavesholder goes into the territory with his fither frem the origiaal settlements of the whites, | _ In relation to intercets or claims against it, the | fund wo part of which inured to the general bene- | Yo ihe Seoneal eet toemty, noe ine hea | slaves, it enn es copa stettceen = of necessity include a confirmation of their pre- | rule of the government is well established. The fit. The act of Ist2 did not pass in judgment upon — to superadd to his duty of determining the Fiat's a pety road aby second #1 's could arrest the action of the government in <7 end and object of government. If individual right: this respect, its policy would no longer be within Toure. deliberations. celpts and expenditures, make the amount expended ‘The maiter involved was not a debt due from the | The amendment of Mr. Davis provides, that, al- | 1” misrionary labor and donations during the year if lacisa pony aa ding Mareb 1, 180, $29,679 86- showh in actaal hp wo ap hye ipa uy on Log + though the territorial authorities are prohibited Sapentivere| by the poolaty. ‘during the peck tout years, eatent towltch tceaped is bounty wes'ized by | fom pacing any acti relation to African slavery, | frrervicrof Sunday rol minenary salpewears the act of 48. The duty of the Atiorney General | they sbull not be prevented from protecting the | the conteibutions received for this purpose. ‘The so mendiment. Sunday School Journal, i nis. A number treaties of this sort | government does not allow it. “The act of Con- | the rights of the claimants against Virginia; she 7 : Fite Ere ac lacat te the treaty of 1573 They | green does not direct the payment of interest, nor | had fixed these rights before, and the net of Con: hors me Pha on eel egg Ag sor that moved by Mr. | fortenchers, and te Youn were held at Hopewell, New York, on the Tolston, eitreferto any princy of settlement, from Ge. was to indemmify the u Was the act of ministration ia the legal custodian of the public Clemens, provides that the line of the Rio Grande, at Philadelphia, and at various other places. which it can be inferred that interest was intended to indemnify Georgiat Georgia had neither | trecsure. As the Mian of it, the P fave a | tll the way up to ite source, including Santa F6 | erensed , By the treaty of New York, in 1 the Creek | to be allowed.” nions of Attorney General | nor fixed an to pay Galphia; she ight to iook to it for its protection; but, it the meme and four- of the ancient New Me: shall be | pi nation e: “release, quit cl Yelinguish | Wm, Wirt, April 8, 1819. “i suffered nothing whic! Tedemaification bere of the cabinet are to become feed counsel the boundary of Lo that all that ge | ear, No profit is derived from these ‘the sub- Ril the land to the northward and eastward of the | “The claim for interest, it appears, the necount- | could be asked or . The act of 1852 was for the Treasury, it requires but little knowl- | the State lying north of S4N- 1. shall bean Indian | feription price merely covering the outlay for boundary line herein described.” A similar pro- | ing officers do not think a t allowance, be- | reimbursement to the State; but the act of 1848 was ppp tel tieipete what must be the cia to which all the Indians infesting the and printing. The total value of publications Vieion is found im the treaty of 1792, made with | cause the law does not exprese give wanton. fe eer Sr nee os a oa inevitable result. ‘The instinctive notion of every | State of Texas shall be moved, at the government | buted during the year, ix $192,672 ees. a general rule, their view correct one. . 2 il compe! : 5 4 Ee the Cltke treaty of Indian Spring, made in 1821, it | OfAU. Gen. 1h. F. Butler. Gay. it and thie lo the doctrine of Attorney General po pen «mg ryt is is also a pretty broad amendment and, like un Tcnteritue,ALe.—A correspondent was agreed that all the talks had upon the | “Lam given tounderstand that it hag not, been | Johneon himeelf, in the Ewellease. Interest under | Goubly dangerous when it is deliterately sanctioned | ‘M¢,first, makes an awful hole in the bill. of th Teun, Whig. of the Sth inst, writing Sine ogther wi ot claims on'ither ne, of | the pactcy ot the accounting fees of the Toe: | het JM cnt itera chi eta cowed | Me Brenden ofthe Outed Hairy ul ssteel Se Seentaeet fie Bove, Se | Seton tenth tet sees he hecnened 1 ‘whatever nature or kind, prior to the act of Con- it to allow interest upon an account | nie inte Pi Fa 4 al ‘The representatatives of Gulphin had no right as 4 object }~ E, - ot ealeaty a | 4 tho dee i Genk cir Ste Be Beene shop at sury gress of 1802,” &c., should be referred to the deci- | directed to be settled or an act of the State to decide upon jigations, and yet ; n Son ot the Presiden, fend that the decision | unless there be in the oie If, pecint words 10 Se Anexney General assumes het the sot of “as | 8 IO eek eed the limite faxed | "il himmeelt einen a atnnae | poeee seamen the north side of the sq made should inding. “And in considera- vat © 5 . Gen. R. b a b . mene took barge, {ine mc hemdred and Ay thousand dollars, pan] | ‘There may'be eases im which | might think | | Inthe case of revogant, for spies formated | ‘theres to: ie. gant and we fel complied tovay | %,/0i, cromeexamination of the ot te the Ste of roi br commanionesFeleoed | the Reads deren autboiged tow ae | a aration eee | Him ont ion a payvn wan nosancinrd| have turned" "We "Staats were, cei Creek ‘ every claim and claims, l, ‘tl ft, Raceter deseiption neture'oe bled the sogne may Opin Atty. Geni. HL. S. Legare, 2d Apri, | Would have refused interest to the representatives | !7,c\unet the law of the usages of ‘he government: tinned Arevuenly breaking ot into expla Wi upple be, which the citizens of Georgia now have, or | 1842. of Galphin, | What similariyy ia there, then, be- | bring no diflerent conviction to our minds. (See may have 802, ag ° “ It is confidently believed that he nume- | tween the acts of 1848 and ‘We can discover 1 : galleries as heartily co-operating the merri- age peter 0 See eet t “ek rons cote of Congress for yop tA ou none; but if the principles of the latter could have sony at ae appended to this report.) on La ment. Mr. ‘clenon Davie was bona into enid nation.” And, in 1825, by the treaty of the dari ofthe Sat of core fined My Me | er ae Taalionanee Ca ARS Cea. | Ax Congress Kaew the emeunt of the praca, a | (Me aPReule and they now, candi rig conta | Vege, wha Sr. Butler wisely nterpoeed, nd on Fe ai tee a adie aah sofa | in hie rep to wcll. of the Houae of Keprentn, referer of romr thing fmt princi and ology ofthe get this stands without x precedent 1 | gn the Senate sir wue rented Mentor as the ‘Creek nation wae concern, within the | venom the th March, ee ceicrera ta | wrerarygchend; simply © rmsiake ina point ot | We,gebmt it with an unshaken conviction Of 1 | face on the Comproms cms thes ther comncl vom, and ° Pathe certificate held by wan for | uth. that without them, some ten or, twelve Routhern boundary hi the obligation i “the general usage of the War Department has been | fact. edt atte by ae agonal 1902. wpa tte to pas interest." 2 Mr. Whittlesey himself, in this | “ pe a ne poses, lawful money of the || Tur Menpen ar Cormnoox, Cr_-A correspondent of | Senators will oppose the bill. The North, there- treaty of New Echoto, in 1835, the ©) case, testihes to the same rule. provi mount to dollars it | the New Haven, Ct., Journal, of the 13th inst., weith fore must come to the support of Mr. Clay, or his % bed r= My telinquioh, and one te ee Danes « Te is admitted that the Pg om in general required to be exami 5 may | from brook, of Barn chances are bad. The prospect of the Compromise States all the lands owned, claimed or possessed | ovght not to pay interest in the absence of be coneidered as his i oe he re- is gloomy enough. by them east of the Mississippi river.” coutract to that effect. [tis admitted that this isa | marke that the act was to adjust pay the Wasmmoved, May 18, 1000. ‘Thus Ho Indian title remained, in 1848, to either | stern but necessary rule.”"—Opin. of Att'y. Genl. | claim—the whole claim, and that the interest was rh pane pane Besson Cletus of those tribes, within the lands of Georgia; and | II. 8. Legare, 20th Dec. 1943. png part of the claim as was the principal. ~ yh patho payee: D adeiee whatever title may have remained in the Galphin So rigidly is the rule adhered to that interest is lands, that ttle was certainly not in the Indiane not ellowed, though the principles of equity and But, admitting, for the argument, that Georgia the rulings of the law, as between individuals, may tock the lands in question, and held them by demand it. . Indian title, for the purposes of the trast, that «There can be no doubt that the well-establish- title was merged when she made the grants. The | ed equitable principles between man and man is, Corcoran and Riga Claim Paid without Vouchers The Galphin Commitice will Report on Pridey the evening, was to knock him down and tob ‘The De la Francia claim, slowed by Mr. Secretary jm. and . thus obtain the key of his «tore, which wna then to be | Clayton, upon the igal opinion of Mr. Attorney Gene- | 9, 02 or tag Unrren fy The rey vietiny ves to be » farmer, Mr. | ral Johnson, and the Benson claim, allowed by Mr. | No. Th Beara tans " in error ‘i ication of the proceeds did not affect the | in general, the other way. The exception in favor “ fi Ht oat grantees were not bound to sce that the | of the government has been established by the po- TOY eho ie ee eee ey trons Kare ig. | Seetetary Preston, alse upon the Ingal opinion of Mr. | to the Clreuts Coase inion of this Comey State of Georgie po d Galphin’s lien, if he had one, | licy of society, and for the protection of the pub- the town of Sandiefield, Macs. But from some cause | Aitorney General Johnson, should not be forgotten or | 1, ‘the of She coil Circ wit Court, with nor coulf the lien have been enforced against | lie.”"—Opin. Genl. H. 8. Legare, 20h Dee. {x were led to begin their operations on Mr Whit. | overleoked in the general desire to look into the crus “y~— § fens,» 1 ireations ve m of law, the grantees | 1843. Cobb and Calhoun were arrested in New York, where | state of the Galphin and other stupendous claitas, Covrt to enue am forme tobe ado» 0m th tee them. In contem . : would have dowe cnough when they relied on the “Tam also confirmed in this conclusion by a con- i ( the State. [t was atime of war ai viction, after looking into the al contract and eckion, and the sovereign seized the fand, | to eereat is ae ry inted it to the public wee. The necessities | ble to equity and , conviction, in the the State demanded the destruction of the aa absence of a fo aay ‘e., &e.,might not ‘and it fell before her sovereignty. The lien pethaps, have been take tho case ot Galphin vaniehed, and whatever obligauon her the general rule stated by. 4 = action may have imposed on Georgia, it was for &e."—Opin Att'y. Genl B, F. er. hey had gone tabne: ‘ned friim White, patel Keates, skcitton ayts acu stnor | which have deen allowed and paid by members of the | ples Hed by (Be MIST acter dr none Wo try that inaplements to on an extensive business in bur. a, ferne, No. 108 1 Atkiness Pie to the pial . murder. were intonding to | Phe history of the De in Pramela olsim runs thus, | Cummins, couse, ‘error Now. aay on the Winsted Bank as soon as they | 0 sanapitants ot Woat Florida, at r orret, the defendant in — a Mall rose in revolution agaimst the Spanish government, 104, The — by Mr, ‘The Union milla, , Ma, wht ot Spee oon ot ‘ prt tholt cperetiore mn pall Lisson ths Pil cen Lama weer succenfel, Congress sutsequentiy pasend « | rl Tae Waited Fes