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

Newspaper of The New York Herald dated May 18, 1850 Page 3
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_? the galphin claim. THE MAJORITY REPORT. Extraordinary Developements. Ac. 4v. ?c. The underpinned, member* of the committee apTH'intfd to make investigation into the origin and nature of the Galphin claim, together with such other matters connected with it .is m iy be necessary to a lull underetun ling of its merit*, anil the mode of acttlrment, beg leave to re(>ort, that? The tacts of the case, si* w-t forth in the re|?ort of the minority of the committee, exhibit its hi#ton'; and a oriel examination of ihe opinion of the Attorney General will enable us nut only to determine the character of the el mu, t?ut to aecidc upon the propriety of allowance of iteie.-t upon it. The ouugftuon OI me i nilC(l r?i.u?s m |?ty uir UCWIO, seeni to l>e derived from the f.ict that, " upon the cession by Georgia (to the I mgu.ige of ihe Attorney General) to the 1'nited St ues, in 1802, the latter became liable for ihe slip ilations of the treaty of 177.1, i>nd bound in l.iw md honor to execute them." llow the United Si ues are liable we are not told ; but we are l??l't to infer that, inasmuch as the United States became bound by the terms and conditions of that cession, to exiingtii.-.h " the Indian title to all the other I tnds within the State ft Georgia," it became bound to extinguish any i outstanding tille which might be in those lands. Whether this was so, depends entirely u|>on the fact of its being an Indian title The United States was bound to extinguish no other; but their obligation to extinguish was perfect. The treaty of 1773 conveyed the Indian title to the Hritish crown, and passed, to be Bure, loaded w ith the incumbrance of these claims of Gulphin, together with the claims of others; but th>* entire title of the Indians passed. The traders executed releases to the Indians, and the Indians ceded the lands, and all the liabilities between the two were Settled and definitively closed. The legal title vested in the crown ; Galphin, it in ly b'1, had an equitable lien ; but the remainder wis in t lie crown, and no reversionary interest w.u left behind. No event, short of ac tual repurch.ue, could reinvest the title in the Indians. They had neither title nor interest left, present, prospective, or contingent. The proceeding of the war of the revolution i placed the tlate of Georgia in the stead of the j British crown, anil tslie became seized of the lattcr's | Title, and subject to its liabiinie*. Hut what stipu- , lations, or part of the stipulation-", of the treaty of 177!{, the I nited States became Inble for, hy the conditions of the cession of 1802, is not easy to understand. The burden of the stipulation to apply the proceeds of the laud to pay < ial,?hin's cl tiin, if it rested nnywhere, was on Georgia, and the title of the lands was in her. There .v u no title to extinguish for Georgia's benefit, 'i lie lieu of Galphin, und the Indian tille, were two ipiite different things. The title had been successively the title of the Indians, of the Dritish crown, and of the State of Georgia; but the lien remained the lien of Galphin. l . It whs but a lien, at best, end could be converted into n title only by | roceedi e - for that purpose. As a lien, it nnght have been discharged. So far us it had e fleet, or impaired >t weakened the Indian title, iiinl from the moment of its creation, it Mood in opposition to it. If there could be any Jonht about the meaning *>f the phrase, as used in tl?;; agreem?ut and cession of 1S02, a brief consideration would explain it. Georgia hud been harrassed und unnoyed by the inroads of the Indian*, and bv conflicts b tween them and her citizens, in ret ml to the occupancy of certain tracts, and sic desired to have 'lie Indian title extinguished throughout her entire domain. It wna to accomplish this that she inserted the condition which bound the United States to extinguish it to all the other lands in the State of Georgia. There was no dispute in regard to the occupancy of the Galphin I mis. Thes? had been settled and occupied nv the whiten, and they hid remained uud^turh d for neatly thirty years, wh -a the agree mint of lsiJ2wa8 made. The Indians set up no claim to them ; Imt th"y did w ith regard to other lands tho occupancy of which ihev either retained or claimed, and these were the lands which Georgia sought to have r? lieved. The title of occupancy w;i.i the Indian title, and it was the title of occupancy which she conditioned should l?e extinguished. "The ultimate fee encumbered with the right of Indian occupancy, was in the crown previous to the revolution, arid in the States of the Union afterwards, subject to grunt."?Clark vs. Smith, 13 IVt. I!'-": fee V. S. Statute* at large, Indian treaties. "Indian possession or occupation was considered viih ref rence to their habits, Arc., and their Tight* were as much respected, until they abandoned them, mad'* n cession to the government, or an ant hoi ized wile to individuals. In either case rights !>ecauie extinet, \ c. Such was tho i tenure ot Indian lands, by the laws of all the original thirteen States, as well aa G.'oriri*."?-Cherokee Nation vs. the State of Georgia, 5 Peters, 1. The lawscf Georgia thus acknowledged no Indian title to the Gal phi a lands. Then, by what reasoning can we attach a meaning to the phrase, in the deed of cession of 14)2, which tin laws of Georgia herself deny 1 To come directly to th<* case, had the Indians a right, in 1H1.H, to have ptnl Galnhin, uad assumed, j>ru Cunto, their title to the lands 1 1 lie supination oi wms inseiieu i>y vieortrin. It wa.< inserted for her own benefit; and for the purpiwi* of tins caw, it will he Admitted tint she Iuipw m betlier it was intrniM to cover the Galpliin claim ?whether rlic held these lands by an "Indian title," within her meaning, an M|irf?sfd in the agreement of 1H0S. What is her testimony 1 Uniformly and constantly she has denied lier o-vn obligation lor the debt, and w hen asked to recoinTn? nd its payment by the government of the United Stater, rkr lun rrfiMd Such was the coiisinctioncf the obligation oi the United State* towards her. She was the |?rty in interest; the obligation ?n due to her: f-lie kn> v. the titl.- which she intended to describe, and sh?* denied its existence in regard to the lands entumliered by (inlphin's claim. This alone di-jx^esof the c;ise. Ileaidea the obligations on ti.'' ir i t' the In i ted Stitea existed an between her nnd < Georgia; they are the fruit* of *ti|MiliitioiiA enteied between two indejiendent eoverniiients, from motiv m of Policy, for tiie hcnelit of each, and either party li in a right to relieve the other from all or any part ol the agreement. To deny this, would be subversive of the very end r.nd object of government. If individual right* could arrest the action of the government in tins respect, its policy would no longer bo within its own control. It would cease to be a government. That I Georgia had an undoubted tight tn annul that particular stipulation, and reless" ihe government of the United Matea from its f iliilment, cannot be denied ; and her rurht to release it, (even if we admit that the oblig<?ion had existed.) when ?ir'ormal application her l^tJisUturc reiueej to acknowledge it as the duty of the ({overnment of the I nili'd (Stalrkto piy !!?< <l<-t>t, follow* ,m a coaee^iirncf, from winch we can nee do nc?|f. The Vlhnui treaties by which the Indian* ced>-d additional Ian Is, nn<l removed their lw>undary lin?* ftT'.hrr fi< tii ihf original wttlementa of lb* whit* of necmaitjr include a confirmation of their previous grent*. A numl>er of trratie* of (hi* ?>rt werr held rat sequent to ih' treaty of 1773. They wen- he hi at Hopewell, New Yoik. on (he T 'oUtnn, at Philadelphia, and at various oth> rplace*. Ily the treaty of N^w York, in IJfal, the Creek nation eiprewdy " releaae, quit claim, relinquish all the land to the northward an I eastward of the lionndarr line herein deaonbed " A ?imil<r provision iii found in the treaty of I7T*2, made with the Cherokee*. In the treaty of Indian Spring, made in 1*21, it ? ? agro-d " that all the talk* had upon tlie , claim*. together with all claiina on either aide, of whatever nature or kind, prior to th< act of Con(treaa of 1M02," A c., *h? uld he referred to the deciaion of the President. A*c , and that the deciaion thus made ahoild he I indmg. '"And in considers- i tion of two hundred and fi'ty thousand doilara, paid lo the State of Georgia, her commi*?ion? rs released the Creek Indiana from every claim and claim*, of whatever description, nature or kind the aume may he, which I he citi7ena of (H-orgta now have, or fray have had prior to the year 1*12, agunst th? Mid nation." And, in l*2S. hv the treaty of the Indian Springe, the Creek nation reded " to the 1'nited Ptatea all th' laada lyiaf wlthla the iwindariea of the State of 'Jeorgi*, aa .lefin- d by the compact herein l?efore utad, now occ'ipied hv aaid nation, or to which aaid nation have title or claim." Thia completed the ceaaion of Indmn land*. eo far aa the Creek nation wai concerned, within th? |>oundnry of Georgia, and fulfilled the contract and di*charged the obligation imrowd upon the United State* by the agreement of 1HQ2. And by the treaty of New Kchotn, in 1K35, the Chcrokr-es did "rede, relinquish, and convey t? the United Mate* all the land* owned, claimed or poaaeaaed Ihy them east of the Misaiaai|>pi river." I hua r > Indian title remxmed, in IH4H, to either of those tiiliea, within the land* of f.eorgia : and whatever title may have remained in the Galphin land*, that I.tie was certainly not in the Indian*. Hut, admitting, for the argument, that Georgia took the lands in aaesti' ti, and held them by tne Indmn title, for the purpose* of the trust, that title wo* merged when lie m -de the grants. The misapplies! <>i< of the proceeds did riot ifl rt the title. The gr. nt e were not honnd to -ee that the State i.f Georg' , d < *alphin*a lien, ii !.> had one, nor c ul-f .li hen have Iwen enforced against ihem. In contt m, ail >n >vf law, the grantee* -I-?- a* li<in iKou ralin.i nn ll>? I won 111 II inn/- I..-..*.. .. f .... riignitr oi lit' ft w?? i lim# of war nn<| r-\ol?tion. and ili< -ow. \jm ariaM th* fun<l. and aji'ropf nt? il it to the puhii ?-*. The n*ce-?itir? of the Jt*?e (kmnnH^d fh* rW'rnrtion - f the mint, arwl H Ml I" for* hrr no*. r, lfiTity. TN? lirn of Onlpiiin v?ni?h?>(l, ?nd whntrrrr nMijuion her At lion mnjr hire iaifo?ed on Oor?(i?, it wu for Georgia and the representative* of Galphin to settle. It certainly left no Indian title. Tliue, examine it at* we may, the claim or lien of CSal|>hiii was not wiibin the meaning of the agreement of H?2It ia suggeuted, however, that there is another l>oint of view from which an obligation might accrue, on the part of the United States, to pay the debt. The Attorney General does not preaent it. He probably aaw its wakneas. It is proposed by some, that, as the lunda in question were a truat fund in the possession of the State of Georgia, but which the, by appropriating them aa bounties* to the soldiers of the revolutionary war, transferred in fact to the government of th? United State*, Bi.d Galphin having a right to pursue ibis fund, the general government became bound to pay his claim. It is, however, essenti.il to thin conclusion, that tlie fuel should be lirst established that the government of the United States received the benefit of the fund. Was this so ! At the time of the war of the resolution, Georgia, South Carolina, "\"irginin, Alaiyland, Pennsylvania, New York, Connecticut, and Massachu; tt*, each possessed and owned vacant and unappropriated lands, ami each of them, with the exception of Connecticut donated them in bounties to our soldiers. These were J-tate donation*. The old Congress donated, u a similar manner, bounty lands to all the soldiers of thul war, without regard to the States in which they might have served. The donations of the States were held to have been |>eculiarly for themselves ; the donations of Congress were for the interest of nil. To have indemnified the States for the grants they made, would, in point of fact, have mtuN* the general government itself the donor. And thus it would nave given twice or thrice, as the case might be, the quantity of bounty land to the soldiers of a State which owned none?a disci iminiition foibidden ut once by every consideration of right iind justice. The soldier of Georgia received from the general Kovernnient his bounty laud to an extent as great as did the soldier ?>f any other p.^tute; and nera the obligation endeu. Georgia's donations were from her own bounty, ard not from the common fund. As possessor of' the eminent domain within her limits, she could appropriate her vacant lands as she willed, regard livs ( i tiie bounty ot tne unuea states. >iie <u<i so; ur.il pny obligations whi?'li she incurred in the dspo.-nl of her lands were peculiarly her own, and the moat discharge them. Tbew lands, ihM, were not used for the benefit of the United States; the United States derived no benefit from the fund, and, of course, incurred no liabilities on account of nny incumbrances charged ujton it. B ides, if the fund had actually been appropi iated for the common benefit, it by no means followed that the government of the I nited States would be liable for the charges on it. The Stales w. re quite unequal in wealth ari l gearT(>; ily, as well ua in population; and it well ini^ht be that a wealthy or a generous State might make donation* larger than the common interest required. It" ih s vvnh so, it would be a subject of consideration Ik?w far th<' federal government should disci... rre r.n obligation thus imposed. Equity and ri t.t with regard to the other States would, under sr< h circumstances, deny indemnity to its full ext iit, and the precise amount to b:' allowed could U* properly determined only by an agreement; nor vw uld the case be altered if the proper! v donated I. til been r? trust tuud in the possession of tlie State. Ill su.-h a case the extent of the liability of the nited States would How only from its agreement, liT.t! it is not Dlvtrriilril 11 f nnv snrli w hi in nl>- in r< t'lii<1 to the lands in'-umlxved l>y thr Galphin t'l'iini. if Georgia appropriated the fund charged wiili tl.i* payment of rlii* t-luim, Georgia must uaswcr IV r it. No obligation devolved upon tlie 1'nitcd States. Hv the net of 9th August, 1790, Congro. s made provision "for the settlement of the aeconnts between th I nitfd States un ! the in?liviHual States." Tlie act created a hoard ot' commissioners to receive iind examine all ilie claims of the individual States, 8Tid "to determine on all such a* shall have accrued for the general and particular defence during the war," and made most liberal provision* f?>r their allowance. It directed each .State to be deMted with all advances made to it by the United State?, and to be credited with its disbursements and advance . I'niler its provisions the commissioners din harged the duty imposed upon theni, and made the settlement required: and on the 'J5)ili June, 1796, reported that they Im?1 maturely considered the various claims, and tind thxt theie is due to and from the different States therein named, the si "in.-Mated. Among these Ntatea ia Georgia, nnd there was found due to lcr the sum of nineteen thoiiMind, nine hundred and eighty dollars, including interest to the 31 st May, 17(W, which, "I y virtue of the authority to them delegated," they declare to !>e "the filial and conclusive balances due to and from the several States." This clou d the ncco. nts of Georgia fot receipt*, and expenditures during the war of the Revolution; and it" * ' o-jiin appropriated any lan Is or bounties to h'-r ers, tl .piion is that it mt her no cl'iim on the federal government* or if * JU ilmi she prex-nted it: and whether allowed or refused, the claim was closed. It is too late now, either for (teoreia, or for others for her, to raise a claim in her lie half on account of expenditures or liabilities grow inn out of the war of the Revolution, the obligation it r which was fixed and uscerUiiK-d prior to tl c date of settlement referred to. From these considerations, our mature conclusion is. that there was neither a legal or p.n enait aide olditnrion ?n the United Stair* to pay thin claim. fh<* tern is ?>f the act of lxp?, howrvrr, 11.ay have property lieen held hh directing it, and it wuk paid. The qurMiuo next anren, n us it proper to nny intr-r?-?-t on it! To determine I hie, we are naturally iir?t led to exumine thi- art itself. It.i term* authorize and require the Secretary of the Tr-asury "to examine Mini adjust the claim," and to pay the amount which may !" found due to Milled^e Galphin's executors, iVc. The claim in described a? "the claim of the late rSeorge ( alpfcta, wUer the treaty mtdt by Ihi < iovrrnor of (leorR, i, w ah the I'rrrk and Cherokee Indiana, in tli? rent seventeen hundred and aeventy-three." TIk* word* of the act contain nothing in their arrangement, so fur as they point out and diiect tin- duty of the {Secretary, w Inch indicates en infection on tl.e part of Coniresa to tike the cjcnjuinati< n nntl adjustment of tl\e claim from nndrr the* stablislied and ordinary rule* w hieh cots rn the ac? euntm^ c fleers in similar eu.-e*. The langutse employed arem* to be that la common n?e? "toli<|uidate and settle," to "adjui>t and settle," to "audit and settle," t<> "audit and paw," l<? "settle." to "liquidate and iiljuit,'' tu "audit and adjiiat," and, in this case to "examine and adjust," is the I'lirnseclngy of the arts of C"nsrres?, in rel.'tion to the frttltiwnt <*f chima. Sometime* addi.ional words arc added, a* "according to the principles of equity," or, "according to the principles of equity and justice," and these words hkva (teen held directive of thr rule t>) which the adjustment shall la made, * hde their alua-nce haa l>een conaolered a* lentinu the WttUtl under the rule* ordinarily applie*. But there are no inch word* in the act of v ."1-1. lHIM; .Hid It it were admitted that the luncusge ah ch dcscrilie* the claim, could l>e held *? directive of its settlement aa a claim tinder the treaty of 1773, still that settlement wai required to l<e made according to the ordinary rule in such a c.w. It was to In* ex,unined and adjusted under the ordinaiy situation wl the established rule*. In r* lation to int> ri sta or claims against it, the ni!e of the government i? well established. The governmrrt does not allow it. "The act of ConaKc.n does not direct the payment of interest, nor |f?'* it r*for to any principle of aMtlem-nt, from which it ran l?e iuf<rr? d that interest was intended to I* allowed."?Opinions of Attorney General Wm. Wirt, April 31. IH1H. "The claim for intere?t, it appears, 'he recounting officc r* do not think a proper allowance, becauae the law does not expressly give interest. Aa i i-< i.i r.il i 'il<-. 11., ir \ i> ? i- tlo (<>rr-( t one 'p of Att. Gen. H. F. Butler. "I am given to understand that it haa not l>een the practice of the accounting officers of the Treasury Denartment to allow intereat upon an account directed to he nettled or paid l?v an act of Congress, unless there he in :!ie net itself, special word* to that r fleet."?Op Att. Urn. K. Rush. " There may he cases in which I might think the he?d of a department authorized to allow interest; hut they would he rare and singular exception#."?Opui. Att'y. (?eul. 11. 8. Legare, 2d April, " it ia confidently believed that in nil the nnmerotts acts of Congn ? for the liquidation and settlemen' I Ma ngmnM t'.e government, there is no instance where interest haa ever been allowed, except only when those acta have expressly directed or authorized it* allowance."?Opin. Att'y. (Jenl. ( ritu nden, 17th June, IHII. In his replv to a call of the House of Representatives on the ifxh March, |M|?i, Mr. Crawford aaid (as quoted in the rejiort of Mr. Whittles* y,) that "the grneral usage of the War Department ha* l>een to pay interest." Mr. Whittlesey himself, in this case, tr Mitica to the same rule. " li i* admitted that the government in general ought not to pay interest in ine absence of arterial rni.lurl In Ihsl I It i? admitted that till* is a P i rn I nt necr?=*ary rule."?<?pin of Att'y. tlenl. II. M. Ideate, a?th Ivc. I^IS. So rigidly in the rule Hih'red to that intere?t t* nrt allowed. though the principle* of equity and the rulings c.f the law, aaht-twren individual*, may demnnd it. "There ran l>e no doubt tliat the wt ll-e*tabli*hed rqiiitHl>l" prinriple* between man and man i*, in jreneral, the other way. The eiception in favor of the government ha* been e*f*bb*hed l>y the pi>liry of aoriety, and for the protection of the miblie."? Optn. Att'y. Genl. H. 8 Legarr, 20th Itec. IH13. "I em a!?o confirmed in thtaeoneln-aon by * conviction, after look ins into the original cootrar* and all thr paper*, that the claim to intcrent i* agreeable to equity and jnatice. Thki conviction, in the nhoerce of a apecial reference, Are., frc., might nn?, I r?hnj*. have been mffinent to take the caar ont of the general rule atated by the accounting officer*. fcc."~Op?n Att'y. Oe?] n F Bntier Nor will the Executive iVpartment permit thif usage to be set aside even by judicial authority, ii it be inferior to that of the Supreme Cvurt of the United States. "The right of the Judge to allow interest, wiw therefore unwarranted."?Opinion of Attorney (ieneral Crittenden, 17th June, 1841 " I am fully aware of the great weight that ought to be attached to the decision of the Circuit Court, for the first circuit, and I have no objection to admit that, a* between individuals, the claim for interest in such a case would be an eipiitable and reasonable one. But that is not enough to justify the executive department in deviating from what I have itlways understood to be one of the best ascertained und iiimI indexible rules of ihe administration." A^uin: "If ceurta of justice allow of a feet oil :>gaiiibt the L'nited States, on alleged principles of justice und equity, by wav of mere defence, time is of course no remedy for the governriient Ht/hint-l m I>r*xI finiMsion to flint linf when, oil tiie strength of such a decision as ail authority collaterally binding ii|>onjJ?c executive dopartment, these an- required lo depart from their clear and fixed piles. I must declare (li it leannot absent to the doctrine."?Opinion of Attorney General H. S. legate, 1842. " 1 urn bound to adhere to the course of the executive d< partment until Congress shall see lit to change it." " The accounting officers are bound by the law. The courta have authority under that statute (1TW) to admit equities."?Ibid. It is not the duty of your committee to inquire either into the propriety or the reason of the rule; it iri sufficient for us to learn that the rule exists? that it it* well established. I ttajje cannot alter the law; but it is evidence of the construction given to it, and must be considered binding on past transaction?. llence, of necessity, usages have bean established in every department of government, which have Iwcome a liind of eonimon law, and regulate the rights and duties of those w ho act within their respective limits."?IT. s vs. McLHinitl, 7 lVt. I. This would seem to be conclusive. The general rule is clear. That there are exceptions, is a matter of course. These are, 1st. When interest is directed to be paid by special act of Congrc either by express terms or by strong implication. 2d. W hen it is stipulated for iu the contract. 3d. When the claim is for advances made to the United .States, tliot'?h this exception has its limits; and 4th. Under decisions of the Supreme Court of the L'nited States. When ihe net directs damages to l>e paid, or in m< nun i ii <i in 1 ii i in; ^i?rji, ui it n mui lilt* ill*counting oflicers to udjufet the claim upon principles of "equity and justice," the usage |M*ruiits an inquiry into the propriety of ullowifig intcrrst; hut in ev< ry other case it is not an open question. The present case was not within either of these exceptions, and if it hud been, it would have been subject to another rule. Interest could only be allowed from the time that the claim was presented, with the proper Touchers. " As the I nited States are always ready to pay when a claim is presented, iupi-ortrd by pro|>er vouchers, it can rarely, if ever, happen that they are justly chargeable with interest, because it is the fault of the claimant if he delays presenting his claim, or does n< t bring forward the proper vouchers to prove if and justify its payment. '?Opinion of Att'y Gen. R. 11. Taney, 1W41. " He baa never made application for piyinent, and, therefore, there has b? en no withholding payment ngaiust his consent. If he conceives himself aggrieved by tli<* pmctice of the Treasury in sintil.tr cutes, he ha? his remedy before Gongress."?Opiaton Attorrey General \Vm. AVirt. To apply the principle to this case, raises the inquiry, when did the paities present their cluim, and bring ferward the piojur voucher* ! "Its history shows, that the Hi t application to the government of the I nited Slates was made in 1S37. It was not ullnW^H till fli#? i.iivwho** nf til** n/f r?f NH T!i?? whole adjustment of the.*e claims being confided exclutivelr to the Secretary of the Navy, the amount ullowed liy him becomes a debt due fr??m the United States atthe time of allowance. Opinion Attorney General Win. Wirt. Then how could iuterest be allowed prior to thiit (late'? It is clear that, if instead of being issued by the Commissioners of Great Britain, the certificate held bv ( mIj'liin had been issued by the authority of the Vnited States, interest would not have been allowed upon it prior to the date of the demand for payment. _ Then we may ask, did the obligations of the I'nited States kreoni** stronger, Iwruuse, instesd of ii-aing the certificate themselves, they ncknowlcdpd the responsibility upju tbcin as uiising fn m the ntU of others 1 This will hardly be claimt d. The Attorney General says, that "as the lands weie used in it preat meat-tire for the common benefit of ull the 1 nited States, the I nited {States, in lMf, w hen they agteid to j>ny this particular claim, aureed to bosuiiic a liability co-extens ive with that of Geoigia.*' "In this respect," (lie adds) "I am untitle jo distinguish l? tween thi.? cii.tc and that of the N itninir, commutation cmes assumed by the I I>if*d State* hr ili? ?el ut Jldr? l>CH V?'< again lie remarks:? Iler'*, o. ?io?i lite obligation resulting fit hi akMinoiijr, as was done t>y the act of 1^18, this debt of Georgia, localise of the appropitaction by her of the lands charged with the debt to the common cause, which was all that existed in the Virginia cutes, there exiat* this additional en und, that by taking the CeMion of Ccorttia in 1802, we bound ounrliet to extinguish all outstanding titles to the lands within the limits of Georgia." The "additional grouad" here s)>okrn of, we have heretofore examined. The other point rests upon the nr sumption that, by the act of l?>H, the L'nited Mutes a.-.-Ul;i<d the debt, as the d< hi of Georgia, Mini did ho because the land.-. were used m ilir c< nr.iri 11 from which, it in claimed, follow* rluil the I nit^d ftates must difchar^e tlir full lialiility wliic h Gcorciu had incurred. Hut are we to decide whether ?his was tlie d< bt of (icon?!*! M?e was not a |?nrty to these proceeding*. Uvdrioiw did not ?it in judgment on her. The claim ww not directed to be |?id hs the debt of Georgia. The act dc?cribes it as "the claim of the late < leorge < .nlphin;" and in no way implicates the .^tatr.? ; Then, by what authority does the Atto rney < Jrnen.l undertake to pronounce it to be her di btT The implication* of his iomIiou are, that thia a drf't cf Geonit?that i>he broke her t;t>od faith, and that ihe I lilted Mate a undertook, in her Iwlulf. to pay the debt and t-*11?ly the damagea inflicted by her?tin-, too, in oppoaition to her wi?h. It i* I n nounced to be h< r debt, and the ? xtent oi ihe de!it ih measured, t|?>ui;h, by her action, < ienrpiii had proteited, and denied the rale by which the extent of ihe debt wa* ascertained, a? well bh the existence of Ihe debt it?*lf. The claim of (laljdun i.- iD> tliirt?, und ihe debt of <ieorgia i? another; and il waa not the latter, but the former, which the aet of IS1H directed to lie examined Hn<l h.Iin.?*l? d. Tlie Attorney General r?n are no dithrencc l>emi'fn tlir id of IMS and that of July, 1XCS, in relation tn the Virginia commutation raw*. In there nnyl Thia latter ?m " an art to provide for IkjuIdating and payinjj certain claim!* of the State of Viiginia." i lie former was an act to adjust end l?y the claim of the executor of George Calplun. t'm wca to indemnify Virginia for moneys jmul, or to be paid, l>y Iter fur ?ervicc? in the common cant*; the other was to pay a claim arising out of goods told to the Indian*, the pw)meni of which was int* ndi-d by the |?nie? to I* secured by a fund (.o part of which inured to the cfnTnl l*-nefit. Th?- act of InQ did not pan* m judgment "l*,n the right* of the claimant* against Virginia; she had fixed th? p" right b? fore, and the act of Congress wm to in<l< mmfy the State. W'aa the art of iMU* to indemnify Georgia! Geargia had neither r*id nor fixed an obligation to pay ralphm; she lipd suffered nothing for which indemnification could l?e asked or Riven. The net of l<T2 waa for reimbur?? ment toUM State; bat the net of 1*1# wu to |?y th> claimant. Interest waa allowed under the act of 1*32, !?rc*u?e Virginia wiia compelled to par it; and this i? the doctrine of Attorney (ieneral Johnson himxelf, in the Kwf llcaoe. Inter* st under the net of Www allowed, though Georgi* denied Ixith debt and intereat The act of ".C2 allowed the Mhle to .l< i ide u|>on the obligations, and yet the Attorney Oroetal assumes that the act of '4* denied thia jw.wejvto tier. In the rat-e <.f Tr? v rgant, for "'i|?plie? furnished to the army.'in 1777, Georgia allowed and paid the d# lit, but she r? fu d Intereat on h, and tkrak would have refused interest to the representatives of Gnlphin. What similarity is there, thea, between the acta of lH4Hand IMB1 We can diacover none; but if the principlea of the latter could have apjdu'd, they would liave refused interest under the act of 1H4H. The Attorney General presents another point. Aa Congress knew the amount of the princi|>al, ita reference of the claim for an adjustment indieutea a reference of something besides the principal-and thia, of course, must have been the intereat. Thia, we apprehend, ia aimply a mistake in a point of fact. The certificate held by Galtdtin waa for ponnds. shillings and pence, lawful money of the province,' and to hi inn that amount to dollara it required to be examined So in what perhaps may be considered aa hia supplemental opinion, he remarka that the act waa to adjust and pay the claim?the whole claim, and that the intereat waa aa much a part of the claim aa waa the principal. Such, however, we muat he permitted to remark, dcc* not wftn to hare been the opinion of hi* predecf a*or?. Intern* on the amount of rich Iowa** in certainly a thing Tery diatingniahable nnd different from illp lonoe* tbeniaelvce. It maT lx> that juaticp would have required in thia rape, the allowance or int>re*t, a* well aa of the principal; l>nt Owigrea* alone waa crmprtfiit to determine the Pirnt of ita obligation*, and to ipre or withhold authority for thr allowance of tlir principal,that it,the ralue of the property loat? with or without interest The whole awljwt waa fcpfore ihem for cnnaideration and legislation, and the <|'ieatk>n of intereat waa aa important id anxnnt aa the principal."?Optoion Attorney (;?nrral Crittenden, of .Inne, Nl. And thta unquestionably m the doctrine of ?he law. Intereat ia not a part of the dettf, but aomethiM added to the debt ,l>y way of laimife for tke iletentton of it. Fotn'Ptly all intereal vu roaaidf rM inlawful, m i every eouutry of Europe. In Prance particularly. ! a few years aioce, aud perhspe yet, m strongly did Ibe laws condemn it, that with (he exception of minors,

marriage portions, money, and the price of i land*, that a party who had paid interest voluntarily, might recover it hock at pleasure. Even in England the allowance of intrrest is not given by expr< t-h liw, but testa at the discretion of judges and jurie*, as the aibiters of damages. It ia a meaaurn of d; mf.ge. It may be payable in cases o." delay, if a iury in their discretion shall think tit to allow it. ll 18 not a part of the debt, neither comprehended in the thin? nor in the term, mid words which pass the debt, do not give interest, necessarily. It depends altogether on the decision of the jticWa ai d juiors; and wlu-re the party cannot i make profit i ut of the money in hind, it oiifrlit not I to be allowed?I? ! Mr. j. tirr on to Hammond, State ]>:ij)f rs, Vol. I. 213?( )pinion of Attorney (iVnerul \\ lit. T ht it i.i 110 general statute of theUnited States allowing interr st. and if, for t!?t- sake of argument, we uiliiiu 111hi the trust fupd hbdpaari'd into t!ie ponsesion of the United Stat , one of the very author* itiea relied on by the Attorney llenernl, would not | have given interest in the Ci*He. "Interest will not be allowed ngain.-t a trustee holding a fund where 1 1 e hud made no interest.if there l>e no laches or neglect, or use of the money on his part."?(Jassels i rs \ erner, 0 Mason, 332. The exception* grow : out of the prelit which the trustee may, or might, have nuule hy the use of the money; but as the ' 1 -.w will taiw no sueh presumption oguinr.t it, they I will not be against the government. Such are the i principles which ought to govern th? accounting i officers in Milling claims againbt the I'nited Stuies, t and tin- n < < rda ihow how closely they have bees i observed in practice.?(See Reports of the Auditors ap|?nded to the report of the majority of the 1 committee.) i I\!r. Crawford was appointed agent and couusel i fortius claim as far back as the year eighteen ( hundred and thirty three. As such, he a>kt-d pay- < nirnt from the Legislature of (ieorgia; from the t Indians, at the treaty of New Kchota; and lastly, i from the government of the I'nited States. Upto the year IS15, with the exception of the application t to the I'.ritivh government, the claimants bad be- i sieged the government of (Seorgiu alone. No one i concerned seemed to have thought that the I 'nited t States were under nay oMigaiion, either legator v moral, to |>ay the dtbt; but, at the treaty of .Sew i Lehota, the United States C?>itiiiii:-r-i? !>?_rs agreed < that the federal government rlieuld uariauty its I payment, withotit expense to tl.? Indian?. 1 he t claim was however, rejected l>v :h" Senate, a- is thown in the histoiy ol' the eaae; hut that event marked the first dcvclojiemet.t or the though that the I'nited Stf.tiH might be induced to pay it. Mtre ihtm half n century find rolled away Iimii tlie time that (lie war of independence had heen brought to a close ; but the eluini iiad been kept alive by the industry of (ialphin's r> preventatives. It hud been uigt a aid arjrued, again and ;iin, b' fore tlie Legislature oftSeorn ;l>utro intimation had dropped from any quarter, that tingovernment of the I nited States on.: lit to be ausweruMe for the debt. The procei t'ii-i'fs at N'.-.v Kc hota, however, opened 11 new c)u<irt>- * front w hieh payment might be < blamed; but in t!." lir.-t in -tance, the eflort failed. The Senate of the I :a!> 1 m..v< tejeited the prevision, and the untirieg claimant:* leutwed their application to the (.Jeornia Lcgi*hi> ture, though Rgnin without gucce-^. Not yet di:ceerpged, in 1S14 they again applied to Ceiigres.<, i t J finally in ISIS, Congress pa?:ed the n< t reipiirii t; the Secretary vl the Tr? a-ttrv to examine and aiijr.st the claim. Mr. Crawfur! -'ill maintained hi* rdatiotiH to it, and by agreement virtually ? wned <ne half cf tlie entire amount. I'nder lite tetn - of (he act, the late Secretary ol the Treasury felt it hi: duty lopey the principal ; but hi* term c f di < e being about to elo-.i*, he was unable t?> d v< te the time uecc sary to that examination which tilt tie coi 'd enable him to decide the <|uesti< n ofinj f reM; and though his imprefMons v ere against the allowance, he b it the matter open to tin- decision I cf his tuceefsor. j.nr principal was |>nw, uim 4ur. t.nw iur<i rr- i ct ivcd liiis ?hnre. Such was the in.sitjon of the < matter, vl i n Mr. Crawford entered the cabinet a* i Seciettiiy 11 War. Iteming his relations to Ik* | fairly urd# tMood, he availed himself of an early * mrnn nt'to cdvisf- the Presid nt f th<' f;c:m. lie < infcinied liim 11tHt he wan connected with a r claim thi n pending before one of the Lk-|>ar:ment* r for decision, and dim; ruled his opinion u?on the c propri? ty < f that p<.fition for a memlier of the cabi- j net. The President replied iliHt he did not know * that he had foil* lit d nry of hia liuliti- by becoming t a member ol his administration. This If felt to be i a sanction, and Mr. Crow ford at once employed counsel to prowcute the claim. He, however, as* i sisted in revising, and in the preparation of the ar- 1 giiments, Mid <ii k-vera i occasion* to the Secretary cf the Treasury, urging him to ninke an i early dispos ition of the cu. e. He also spoke to the I Attorney General to the same purpose; but he de- i el.lies that he nev< r apprized either cf the^o n'-ntlen < it ol Lin inter* ,-t in the mitt'-r, nor did he atitho>. any otherpeitoa to ive them the lat>mttko. '!"i: 11 T "' i ITmiviiiri nt i inr, ctfCiltI'd l y JXIr* I M<l|*)iliiy ca? i iuui, 10 Mi. 0?unfe.rd, i.a well as a similar power to ret 'ive and receipt for the money, were amnn|| the pap?rs on file, hi- well as M:\eral lett -re, show ing that Mr. Crawford van iMtntg iu the all'iir. All these iiapem Vi i re Ik fore the : < ct -tarv of the Treusnry, the Attorney ( en< ral, and the lir?t Comptroller; Imt the two loimer deny that they had any knowledge of Mr. Crawford's interest. Tb? Secretary of the Treasury admits that, nt some time, he heard that Mr. Crtw ford hail been connected with the claim; I'tit the lenni'k left no intpicssion on hia mind, and i the Attorney General mjra that he examined no I pr.jers rot necessary for him to understand it* i merits. The opinion of the Attorney Cent ral wan I rriven. and the Secretary of the Trrosury ordered that irarriitich us the Atti rney General's opinion f decided the nrini mle that in i*>int of la*, interest i should lie allowed, is should be di>ne. The matter s was referred to the First Auditor for a settlement s of the account. This i^Mit to the oilice of tlie p I* iraf f'i.tiiidtnlUr u-l.n niu^iiiln.l In* an ittiv ! U'iili ( the pithy remark that "tin- mining of thi.4 certificate i is e.n udn.iniMrative act." The money war paid, ' ai?d ufti r at*tingthe sum j?id lor ex^'ines incident I to the pretention of the ca?e, Mr. Crawford tv- e eeived, in conformity with kii agreement with tli'* Intra, (? half of the amount ii* hi* ?wu |>ro|ier 'I ?h?re. The int< rest n mounted to onr hundred and -v ninety-one thousand tlui e hundred and lift y-two dollars rod eighty-nine rente. I roll) thin three thousand dollars wore paid s* Ires tocnunael. ^r- < ( rnwford'a r< c? ipl - wer<' tweniy-one thousand and four hundred and one <loll.tr- an I ninety-eight cent a frrrn the principal, and ninety-four thousand one hiindred rnd twenty-s-i* dollars and forty-four cents from the interest allowed?in >dl,one hundred und fifteen thousand live hundred and aoventyeight dollars and forty-two cent*". f Such are the facta conae P-d with Mr. Crawford'* conduct in relation to tie all >ir, and we miI?mit tin in, without comment, to the judgment of the Home. The matter involved wns net a debt due from the United SlaP-*. The pajmentof the principal waa t a matter of grace on the |uirt of Congtes*, tnd the extent ta which it carried iia bounty was lixed hy the act ofThe duly of the Attorney General I in mch cases is limited to the ciuiftruction of the law. Whatever may have been liberal or illil?eral wa* not within hi* province to determine. He is not lh? almoner of the public l>oiinty, nor Ins he a ntht to superadd to hia duty of determining the obligations of the Inw, the kinder o.Tice ??f dispensing the liberality of the jrovemment. The administration ia the lepal cUfto lian of the public treasure. A* the guardian of ii, the (<eojde have a right lo look to it (or its protection; but, if the members of the cabinet are to hetom* feed counael against the Treasury, it requites but little knowledge of human nature to anticipate what must l?e the inevitable re*ult. The instinrtire noiion of every man. and the common judgment of the puMic, will condemn a position of the kind; but it t?ecomea doubly dangerous when it is deliberately sanctioned hy the President of the United Sates. The rrpresentatatirea of Gal|dun had no rijzht as strains! the general government, and no one had a right lo eaiend its bounty beyond the limits fixed by tha act of Congrass. That act did not direct mtereat lo be p?id, and we frel compelled to say thai, in onr opinion, its payment was not sanctioned by either the |?w or the tisane* of tl?e government. '1 he suivlemental reasons of the Attorney tieneral bring tio diflerent conviction to our minda. (?*ee casea cited aj perded to this report.) In the history of our government, many casrs of grievous haidship have anaen when interest ha* b**en denied. The atern rigor of the law has refused to yield to iheir s|>peals, and they now stand in rii(id contrast to this < sm?. In onr judgment. under the phrase ?'i"K7 ?ne an. una *l*ii<l? wiidoii n prrow 10 ? niMiiin it. Snrh is our moot matur* opinion, nn I tac aulm.it it with iui tin?liHkrn conviction of it* trutk. Tiir mi Dura at colmmi,ct A corraaponlont of thr Naw Harm, t't . Jmrrtl. < ! tha 13th In.t . writlo* from Colhronk, p+y, nf th- Into murder of llarnlal M hit* llaln.nl> and M.na? -th, (alia* Mo??r, th* half I ndlan.) bavr both l**n cnimlttnl to ak'thi-lr trial In Aii|fii?t n?it. fi.r thr norilrr of ttarnlrl Whit* Ralromb ha* madr fiirttirr ni"?t Martllnc >ll*eto?nra* 5 of th* dnlim oftht* f n? II* ?latr* t'?i It wa? thrlr intention flr?t to miir<irr Mr KJ?ard tarrlngton. rnrrrbant of thl* filarr and forairrly a rraldrnt of thr rlty of Naw Vork. <>iwf thr ronrrm ?a? to warlujr him. nod aa ha r*ttirn< d from thr rtora to hi* h o?r In th* t< nine waa to knork him do?n and roh him aaU thw* ? htaln the key of hi* *tor* whlrh ?a? then to ho iilunderrd Thr nrat rlrtlm wr* to b* a farmer. Mr I!it*if 11 VmIth. who la auppr *<*d to hat** ron*|d*rab<* mon?y *l>ovt b'tn. and Urr? a f*? mil** from h*ra. In lb* t<?? <4 Pandf'flrid Mmii Bnt from w,ih> rn't-? ib< 7 war* led to b*j(iii thrlr rprratlon* Mr H'hlt CoVh %nd Calhoun war* arrr*t*4 In K?? f.>rk, tlwn> tin y had |nn? to jwoeurr with th* taftnry !>'%) ned fr< tn W hit* platoi*. knlrr*. *krl*ton krya. ami oth?r itn|l<mrtit* to rarrj on an nl?n?l?? kmlnru In baralary r'>t.bary, and murdrr That ?rr* Intending to makr an att*?pt on tho Wln*t<M> Rank aa chii aa thr? art- fWly |?f?ya**d " Th* Colon rot too mllla, at Elltrolt MUI* Md ?fi] thatr ofrratfrr* <?? fealf tUl*MI thf |3-| m V. Our WMfclaiftto* Cwrf yd?. Wamhinotom, May 16, 1066. Evenlt and Opinions m fVanh in/ft (n?Yetlerday't Vote ?n the Senate? Indication* in far or of the t'oni]>runine ?Its probable Succtu in the Senate? Mr. Brnlim? The Pirtulent't Plan?Mr. Poote? The "RcpuLIu" Kewtpaper, and id n> t9 Editor? 2?!/ (.'uixin Expedition. A vote to lay the Compromise lull on the table wan lost yesterday in the ijenate?2H vote# having l?een cast agaiu.-t it. Three Senators were absent from their eeata when the vote was taken, who i??v v'.nuiM inyiug inr inn on iht- table ; and one or two wlio voted for laying on the table, will probably vole lor th<- Compromise on its t i ming up for final action. Thus you will see that, if the vote, as 1 believe it thould lie, i- to lie tal en ut an indication of the fate of th<- bill, we ha\e at least 31, and probably :>3 or lit \ot<*? m i favor, and its fcuccet* may therefore be considered certain. Mr. IVnton, it is certain, is prewiring to in.ik* a speech u gamut the lull in the course of a few days, n w hich he will put forth all hi* ingenuity and all Lis strength. It is not feared, however, by tho friend* of the Compromise, that hi- will Ik* able to . aid anything to the opposition, in votes, which tlread) exists; while you may judge for yourself . f the moral weight it may bo calculated to exert ij on public opinion. Of the fate of the Compromise in the House of [ieprcrentalivtg, nothing definite can at present b aid. Should it luifs the Senate, however, it in the Ifnion oI chrefill and experi need men, that the ( ncciitration and force ol public opinion thus proluced, both in arid nut of Congiess?together >s iih he good sense and pairiotism of the lloute itself-? . .11 .... !... i . I.. '- i.i .?..i ii u< i i iiioi i? tij n> ) inn. should this. however, not hi* I he case, tin- pasiugo of the Compromise by the Senate will !>e of ncalculable advantage in quisling the excitement n the public mind, ami convincing the great Ixjdy >f the people, both North and South, that let :ealott , lunatics, demagogues and incendiaries do iv they please and rant an they may, the Senate if 'l:c I nion States is an impregnable bulwark, H'hiiid w hieli the L'nion and the constitution are tale. You read a good deal, in cert in papers, about lie "President's plan" teppecting tlie srttlemrnt >1 the question of California and the n? w terrioriep; but ?ith due deference to the confidential inectacles worn by most of those who write iliout it, 1 really have not yet been able to ncount< r this "President's plan," of which hey rpeak in such glowing terms of admiration, li one very short and very tuieerable sentence? th ubterfuce, time out of mind, of weakness, timidity, ilid ) mnarrassinfPt?it uppeurs to me, is to be ot.nd the only existing vestige of (hi - much vaunt(I " President's pl>in"?Put oil the evil day! I hi.t is the entire whole of it. The l*re-idcnt re < n.niendt?lecaute be was, by the public acts of ( ii> adiuinUtnitii n, committed to it, without, at irst, Miy- pretence that it was to be con.-idered i i " st tthment" of any of the other que?ions involved in thi* controversy?that California r admitted, arid the alliiirs of Xi w Mexico ii.J 1 lull left lo fettle themselves, when they erne ?ip * In the first place, thib would be 1 11 ui i?? ilit* it |K'titicn of such a do-nothing, useiMiM i-ion ol Congress us the prt^ent has been, \eiy t;me any of thete questions could be brought 'oiw.iUi; and next, it would he in nif ft injustice in d cro>.? i:rclect cf the )*ople < I New Mexico ind t'ti.1i, who cannot I e bupihk cd to s?i?i>ly for adl.i.-kn 113 f-'ti.ie.s for ninny veins to come. It ?crnis to nie tluit Congies., hat' 1:0 right thus to ' cave 11 portion of its territories and its inhabitants without iiny ccnt-tituiioiiul govrinment whit- 1 v?r. It i>- mipotsihle ihnl nny iiciivc and health* ' "ul legit IniM il should he curried 111 until thu ]ur>tion, and all the questions hii?ing from the OKtitiition of flavcrj, are somehow settled dim riently, and removed out of the w.iy. \nd on a calm review of the whole subject, very patriot tiiiibt feil and admit that the plan ol j '< mpioiuise, so carefully an<l laboriously elubo- | ated hy the Special Committee of tli** Senate, is >rie of the 1110M iui|M>rtant mid viiallv necessary ; ublic measures that h.ta been before the country J ince the adoption of the federal constitution. As o the "President's plan," it is lit' rally not bins;? i ird is only ll><* shallow device of weak ;md vucil- t ting councilors, tomaintain h lnake-lwUeire front ' < fore the people, and keep their hold upon the Preside tt. Mr. 1'oote has been speaking to-ihiv in the Semite. in reply to Mr. Yulec, of Honda, the latter having yeat? rday contended that the South should d<umnd ?n express recognition of tlie right of - h<veli<ldera to carry th?-ir alave? with them iuto the territories, and be protected in their poaaes. ion. Mr. Foole argues forcibly and conclusively that the corstitulK n fully ecures the tI hts of the w?..ii. in ii.m t?r?iimiea, and tliut nothing short or an net of (ongreas can cneroi.t h U|>on them. Mr. Foote, who in the early |>ait of the day was aei-ri in clone consultation with Mr. Clay, i* earnest and eloquent. A* fur as it is possible together the u*.thing iind feeling of the Senate, the Compromise ttand* W< II to-du), and ita advocate* arc confident and cheerful. In itgaid to the Ay?Uir, and ilf new editor, it i* by no means certain that the recent change in it* editoiial department will make any alteration in the court? of the pu|>er. 'I hi* is very different from the gtneriilly received imprewion on this puhject, but, believe me, th U I do not sj>enk at audem. I learn that the administration has received inoruiaticn of the departure of the exfiediiion for the nvr it n of Culm? aaid to Im- about six thousand tronf. Orders have l>ern despatched to the < >ulf qusdron to intercept these piratieal marauders, and revciit th? ir landing on the inland. This, of ! ourse, m the plain duty of the government, though J erhejis it might setvc as a uWul le-.*on to vaga- ; -onda and adventurers in general, were General x>pez and his ragnmuiliun It fi to thr late they ! eern to eugerly to covet. They nre doiiig noihmg in the House but calling he ayes nnd nays on unini)Mirt:int questions. The s jenuie ndjoums over to Monday. Wa?iiimj ion. May Id, lrt30. tovthnt* Cavrvi mi thr Star try ?Third Day vpun thr Comprotnitt Bill?/?jrpl'inati>Hi at id Crcurj-umtnulion of U<n. I'uolt?Dud Proiprrt >f a totllmunt. Tbfff WhA a caucus of Southern Senators, at the 'npitol, laH night, on the compromise lull, ami the * o aim n<lni< nln oflered by Mr. .Felli r?on Idvii nd Mr. Clemens, to-day, were the result of their rliliftitkiat. Tin- amendment of Mr. JWvia pr< vidrs, dial, alliruph the Irrniorial authorities arc |>r>>lnl>il?'d rom |?ior>g >ny net in relation to African slavery, lify shall net be prevented from protecting the ipM* of *lavr pro|xrt>- in the territory?that i.*, if lave-holder go?s into the territory with hi* levee, it r-liaII be the duty of the local authorities o protect him in the ownerAip of Mid ilivt*. a hat's a pretty broad amendment. The second amendment, or that more(| by Mr. 'Wm^ae, provide* thi.t the line of the Kio (mmlf, II the wav up to its eource, includin(( Santa K# nd four filth* of the ancient New Mexico, shall he | he boundary of Texas; and that all that part of lie State lytnp ncrh of &4 N. I., shall bean Indian erriti rv. into w hi< h all the Indiana infealinv the Mate ]'r< .|, ,n i,? ni..%, I, iit the j;n\ eminent xpense. This m al.-o a pretty broad amendment and, like he fin-t, make* an aw ful hole in the hill. Mr. I'oote, to-day, finished hi* defence of lit# ill. withovt lk( h,i ridment ?f Mr Dm ?. the ;reat ?bjec< l-eirtg to nrove this course consistent rnh InmVelf as a Southern man. Mr. < lemens took him in charge, and instituted rigid croes-cxaminaiion of the consistency of he neral, and, however the t^n^ral may lave niHered, t?ie S<nate were exceedingly mused. fmpiently breaking out into explosions f lawfnter, Il?nt?>n joining hcaMily in. ami the alienee ae heartily co op* rating in the merri* nent. Mr Jefl?rsi>n l?avia wm brousht into lie controversy, and from eotne remark ol hi*, retting to a rreent letter, signed by Oen. Footr, it tea evid? it th* O':"*t'on was tending to a personal patie, m|(. .1 Mr. HutW wiaHy interposed, anf tm I IK mot.on, ihe Mil.jert waa prwtimnrd till Monday, i nd the Senate wi nl into fnwntivr wMion. We take it thut Ihriw two amendrneata f?it a bad ire f.n the < 'ompronuae?thai tin jr rannot |m??. an<) j hat without them, aome ten or twelve rWwthern v-natora will nppt ae the hill. Th>- North, tiffore meat r^mr to th?- -iiju'ort of Mr. Mar, or hia j lianrra ait l>a<l. The j.roapect of the CoMf*atntM a klootny enough. W t <ma<. r??. May IS. I**). r\f llitlny < / tk? It* Iji /'rwil ^'iJ l*? W' ' ??< 1U+U V* ''<<|rf>mend Prrtlun- /l??? R'tprltnt farew A iff* Claim fm'4 icilkTl f'f'Krrt TKt Ualplin r.mmiltr* w/f *?f?rr m? /VAlef The P? la rraaMa rlalta aflnwed by Mr Aereetary 'laytoa. apoa lb? i *?l orialna of Mr. Attorney Oeaaal Johanna, and the Ifnana eUiai, allnwrj by Mr latrrtar* ri??ton. al?? opoa the l'?al opinion of Mr Ittomey iJenernl Jehnaon ?houll not ?w forgotten r iTerlaohad In tbefeaeml de?4r* to I .ok Into tha trua it at# ?l the <;*l|>bla aad other vtupeadon* Malma, afcirh bare ><* n allowtd aad |>ald by ai?ak?r? of tfc* ft ' ?! eaMaet. The hUUtry of the Pa la f ra*ela alaiaa ran* thu* rt* tahabttaaU of Waal FlarMa, about tha year Ilio, oaela re?<dntloa aplt tha BpaaUh goveniateat. tal w?t* ?\iree**f* Congee w mKae^?e?Uy patted ( law authorising the Secretary of Stat* to eiulai th* I seeounts of tb? expenditure* of the people of Walt Florid*, incurred by then in the revolution they ha4 I effected. *nd pay the* Aeuben Kemper cane ta Washington w the HC?at of the claimant* Hi* accounts were all t xsmiued by Mr. John Q. Adams, thea Secretary of State, and allowed, with the exception of one claim, purporting to be for arms and monition* of war, to the value of >11.775. furnished in Mobile river, I y one ilritry De la Fraiiria. to Reuben Kemper, tha agent ot the government Thio claim wan rejected b? Mr. Adam*, a# there were no voucher* to sustain i& Kemper. howcier, did not gin- it np, lie bought aaproea and settleu on u nlautation on Red Hirer, and there got "nr < harv* >1 ulholland to administer upon the ate of the atorei-aid I>e lit Francis, (a Action* p? r?o?n aud to bring a unit afjaln.'t him (Keuiper) f<* >1177alleged to be db?. raid l>?- la I rtiii iu estate, lor arm*. ite . furnished u Mobile river. Colonel ilL?-rt (' Uu.-frJ late of the army, a reftidi'iit of Hi bib*, and now in 'hi.'city. w* second in command under Lieutenant (>>lunel 1'ike, at Alexandria or Raton Houge. at the time Mulbollaud brought fiiit egaln.it Kemper, in the court at Alexandria, for the alleged sum of fcU77o. ||?. ,aj? that Uenerat Joseph Walker, now Governor of l,oiti?iana, win tha foreman of the jury; that the jury a* firnt declined to bring In a verdict, but subsequent!) did bring one in imaiuht Kemper lor the tutu ol $11*;.. with interest at 10 per cent, troui the ;>th ol Novetuber. 1M t) until paid; bi't lliat noexecutiou issued to collect the money. Kemper wanting only the juJgni' ut ot a court for hia voucher at \\ arUlugton. Colonel Hu?>ell refers to General Je*sup, who waa stationed at ilatoii Rouge ut the time, in command of a company of the 7th regiment, to Cyrus Mbley, au old and a much rv?pecled eiliten ol Mobile, and to all of Ibe oldest aud nit -t respectable inhabitant* of Mobile, Hal on Rouge, and I'mi- u-< la to notify hint in his declaration that there never *: - known.in either place .at tha time referred to. or about that time any su<b iterson as De la Prancin. or any arm< nr uny munition* of war of any kind, delivered by anybodym either place named, to K< niptr. or to anybody else, in U hHir.it the govoramint. Colonel Russell declares the claim to be wholly fiotitiou*. and rotten from beginning to end. ami that, tf Mr. Clayton will a?k for a committee to examine into t^e subject. with power to send for persona and paper*, be will prove It to be no. He miys it was rejected by Mr. Clay, when Secretary of State, In 1SJC. aui ?ub*e(iuently by other heads of the tame department Mr. Ilttchiinau refused to alh'wit. and Mr. Clayton's cli rk, Mr IlunUr, to v.horn Mr Clayton bad referred the subject and the paper* connected with it. was ubout to report to hi* principal adversely. when all at ouoe tb* paper* were wit hdrna n Mr. Attorney Uenerul Johns 'n w?? piled hi* legal opinion was obtained that tbe claim oU(tlit to be paid and it wan paid. lh? principal, $11776 with interest at six per cent, (not ten,) fn n Mb <>f November, It* 10. I bate Colonel Russell'* authorlty for referring t<? hiin in this matter. !><* ? not the ottii-iul conduct of Messrs Johnson and Clay ton. in this transaction, call for an investigation ' '1 he history ot the I'.rnson claim rnn* thu*: -Cnder the Tyler administration. A. II ltcu-on, fcc.. of Now i a II'i a rubini'i i r timing ireigui ?< our puojiu i . It iii the Pacific, M-iiihannuully. lit three dollars per barrel, and to carry out emi,rr!?ut* to Oregon, rot < xc??ding a?pccilicd number, fr e rl charge. The contract ?? to expire when notice to that eject should liu given After the ehctlon of Mr I'olk to the preaiorney. but befcre Mr T) lej * tetin h id expire I, I believe. Mr. )len?on a*k< d to have :i notice for the contract to lar t lor t?<> y hth i utii . J on eaid contract.? Tlii- wan refu.-cd, but consent wm obtained thit th* contract thould rnn on for kIx months, or that Mr. Penaon should litre tlx niun.hi n dice for the contract to terminate. Mr. Ilancr .ft ?oon after entering i!|.on the dtitiM of hi* i fflce i?r Secretory of ibr n'uvy. cauaed notice to b? given to Air lit n*on" in ronioriuity with Mr. Tyler'* previous direction*, that hi* contract wmli run out in six month* from that date Within th.it period no contriut made with any < ue for fretjxht to th<- Pacific. bat n public utore-chip carried out th? *u|>pli?*.? Mr. I!< n?on appicd to Mr Bancroft f<>r Umiiihic.-*. to ba paid on principle* of law and equity " Tin ao alleged iiKii!ii^< * were retimed by Mr llancruft Mr Mttton. and Mr fnrident Polk The ca?e w?? Kubmltted to tha law oflliet*, Mr. Solicitor (illicit and Sir Attorney t.tniiai Touccy. who derided that there ?.v* no law or equity thol would juetlfy the ullo* alloc of the claim. On tho laet day < I the lu<t *c*Mor of t'oogrch* a joint refclitllon ' (tliiii d " through that boJy. authorising tho Secretary of the Nary to *< tile Mr liiinaon'* don-aid*. relative to the Pacific freightage and alleged dari"B'?, " upon principlr* of law nud equity." <>f courrc a* the Polk adnilnlatration wan the next day to retire from i Rice, the question of damage* ooutd not le referred back to it for n re-examination by Ita luw i ricci* who bad already decided there wnt no lav or i i|uity to jut ;ify the claim. So it wa* taken up by Mr. Hecri tnry Prei-ton. who aft< r tt njt the r<ojut*it? I<y'<1 Inlin from Mr lletrcply John-uii th:tt It ou#ht tot - allowi J. approved end |>?id It Ou/ht not the limttrr to be into-tlgated ' Who wrr? the a|ji<ut.? and utti ru< y? ' Ay# there I- trub' llow many of the old. r?jMlfil claim*. which hsin lis n re-opened and paid by member* of thl* rat,net, bare teen paid to ifUlltm ami favorll< ?. a* principal*, or attorney* of tlir ribinrt officer* who hate allow* 1 antl paid limn ? Tli? re i* a tumor that a claim of fonie ?.S0 IXO bu tern paid out of the Tw?*urtr to Wr?ar?. Corcorao fc lti'gii. the toucher.' for which hud been loet, the recipii lit* of the pro?eed?ol the claim c rlitytiiR that they odco held tin proper * ttcher*. hut which had been millr.id or lcft I Kite the rumor a* a rumor in the *liap? 11 c u?t ? to me. t.ut TOurh not for it* correct rie^a. Iho Oalphin committee will report mi hi. and will ofTet a rt.-olntion fixing a day for lt? ron*id>ratlon end tllepoeal. The i^rin> ll>al report will be hard upon I he I ftlphin* and the wtilir |<ortlon ot the lluute will liot tote agalo't it. a* it 1* uud> r?t?od Twri tyNltlh Annlvcmary or the American hunday Me hool I ulna. Die twenty-*ixth aooircrnary of the American Funday ?eb"ol lulon. wax held at Molad.-lplila, yeeWrday afternoon Tim following are some uf the Ktatiflir* of the mciefy. for the pa*t year Itcevlpt*. 9107,4(2 <i7, of which fo.V633 k8 were donation* and lejracle*. fl'J> ft32 01 for ?al?* and in payment of Jehu. f-'<.? * < tin for renin of the oeUty'a hli'tdiitK* I'1 t'hraa?t itlwt. f 1 ( "" loan* llitlanoaa fri m It t year,!! 4 302 '?>. and *tock of book* on hand, f70 5-'4 Expenditure* I'or ?trrer?type plate*, .">>?; copyright* and editing. >4,172 II, enftufii f?. f;*>4 1!4, paper, f ilnsiuO; printing. (II,* 1.V0 4'?. binding. >.'!& i>22 '.*>: Hi Lie* and T<-uainenU height and ml?cellaneou? book* purchased to fill ord* r?. ff.fll.* TS; Intereet on loan*. >2.504 77; loana paid. >1.111'; ealarle* of acm-tary, upcrintendent of I-.ok -tore, lav k keeper. ?alr*nian clerk, and laborers, 1 :;7 'x*. ? nt of depository and offlrea, |Ui OUO; taxee fi74 75; ealarle* and *s pen tea of one hundred art rlctcn tni.->innaric? in h;ctil- and donation* ufktuHl to pnoi achoola, lie . { 41 fl.'i W4, w hich, with the "T?; draft t.f la?t year, >12 471 10 loakei f'd 1S7 10 being >12.",-,0 7ft more than the whole amount contributed to thi dr.nation fund MlwelUiieou* it mr, 82; 1 alnnen ca-li nn hand fi> S'">; *toek t.f book* on iiwnd, >71?MI HO The aoclety U now indebted for paper, tindiiiK tr >20 h.V2 1ft. which added to I h? amount of loan* bearing intcn *t. >44 100 2V ?\hlb,t? a total Ind? btr dm ** <d >W> tll'i 41 One httBdred and threw uilaaiennry labou r* hnre l<e<-n i'inpl"jr<-.| f.,r rarmu* period* of time, In twenty Ate different fta'e* and Terrl torle*. Tli' ? Hnnday whool mlMionary colportc'.ra hate utaMlrhid 1.23* new ?chool*. and h-art rlHiled ard rerlrrd li-S4.> other *r hool*. altogether embracing 3l'1.17 teacher* mkI 1 7 arbolar* They hare li* tributcd by eale and donation, nearly $il* 4 mi worth tf relti-ieij. I fur rhli.li n *n l ?. utli It iulinn> off book*. tract*. tl , Imir birn mxlr. (inrlmliuf ((ICII 11, thf d? la'!* of which tru not jta rrpurtMT) in lb? value "f >|i. 00* m. and (farm, with Hie rbiriri to tkt doualb u ?ct< unt ?|? rifled iu the Ki nrral report of r?rc!pl> nod rtpendlturea. nmVii tin* amount *pando<l In mWetonnry la><-r and d-mallou*. during the y*ac ending Match 1, 1 "? "<> tl'Vllili M nhowltif an act rial n|?i'lli?r? lij Ike 'luring the pa<t four fian, f< r *rrvtce* of hun-l?y wli ml ml?ionarv rolpnrtaum and donation* to Utinday rrbnola of arj ~a 7< beyno4 Ihr contribution* ri?n? l for |LI? purpu*a The aoeMjtol* been nafilM to n j May MNl application* fr< ni varl?n? part* o| the country fur ni*Honary labor. and tlonatlof b'-okato poor achoola, f> r waiit of mon* to Mifply Hum fifty 6*a saw nnMlentl' nt have been I- >ur.| during the laat year. The s%tulwt StkftJ Jmitsl. published ami tooathly for l> a< hi r?. and lha I. u/A i Pmnf (imitllf pubii*bo4 ptrry rtliM ink fur rhtldrm rnntlan* to rnrirr laerrand p*trin*g", of tha laMar. arrr on* bandra4 thousand rOptra Wff | ubli*hcd *enil monthly, or t?a million- Hi hundr'd thousand "triple number* la th* V?r > | roflt l? il. r.t .I f" in Hi- |,ap?r>. lha *uh erHptlon prW merely covering the outlay fur papor and printing Tha total valor of pubUaalloM >Iutnbuted durlnp the year. la tl^Wi *T Tm* l.atg fin i* Hi rravti lv.Ai *.?A correspondent rf th<- >a>btillc Tri.n It'fcig of tha *th lo*t writ In* frotw llnnltvllle Ala . under (lata of tha .14 ln*t . Mya of the lata fira In tliat elty Tha lira hrok* wil laat night ln'.we-n Hand I o rlurk, In tba cabinet *hnp r4 0 II Warwick < o tba north Hde of the aquare and tprcadlag '*>1. drttroyed tba ?t?ra hou*e* adjoining, and ob tha aorni r wi ?t. Ilia rnlil'if* ol Thoa. Cain, th1 ?hrp adjoining lha Caldwrll llouaa. Ilk llrmutrM printing 'Mrr ll.? Mock of *tore b?Hi? * oppoett* tba PHI Tar.m. and paalnir in a norlhrrly direction. taado a ?wrrp af every kouac down to thr ftu???4l llill road, Iwoa^naraa - down Franklin rtraet. going north, all the bowaat on tba weal ride a?r? burnt. Cram lha a<i?*ra tn and InrludinK Mr* Ur Voora'a rial and tha r*?Mrnr. back of It. whara It otopp-d, l? want of Mora to burn Tha wb' la two a<?uarr? arc a aua nt rulr.?. t>r( a hou?a left utandlnc Tha fullowlnn ra the rime* of mo?t of th?i^ upon whom thU anlamitf ba* lallen heavily Mr W'arwlrk and family. Jam-a <)*.? n *nd family. Thoma* ?'al? and family, tba two Mr* I.rah?m. Ilowlln* Jame* and family. I?r P B Ho l?r?.n and family I?r f II Newman and family, J II. Trrlman. Mr Irankt, *i4 Nrt l?r Mor.pa Th're ara > Iher famille*. whoae name* I do not raeolleet la tha ba*te ol wrltlrg. I> M Pra.llord lna?* hta (tor* o? tha rrrr.rr of th* "iuare aad the dwelling houaa orruple.; by Mr Jamea; Wllktnmu, dentin , Johnaon mar rhant; Iroaa. ?aadjar; ll|f. watrh maker, While, livery *fable keener , Toolam. do Drown do , Kmall, jrroerf : Parker k MrKeuila merrl anta. ara InimnK lhe mlTerera Th* tn m market ho?i~ with the hall fr>r the Counell.la among tha ruin* The Veil Tavern aaeaped With rouMHlbla damage to tha pHvMe portion <4 tha building tlir Hell Taveru wta |t?ured aa wu alia the ;>e-?eeraf ofllaa Thaea are tha o?ly Inturaacaa that 1 haft- l.i a-d of P> r?) *? '?' IT ?r INK i>fT?P So 71 K W WlUm ts * " J?'*'' I ?,[?!? to II* nrr?H C??rt of th? r*M*i f ,, Trt r?*?r?ii>? th? judjpB??t of t?* ?* * -?le? fll'dhT * ?... to UT ? > Uff*. ?b?I t? Atklf)W, plaintiff la trtm, * I. iZTrC^Vmn^ ? ?? ? r>T1 * ? u Th? arg??*nt Tu2rLC.rir"??-nW4 >.? >. *?*? ? ?? *W ?* U,M

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