The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-04-25
EAST FLORIDA.
THE HACKLEY GRANT OF TEN MILLION
OF ACRES

| and excellent RlcHAnD s. HAosLEr, is fitting oc
cason 10 recall the attention OF the American public
10 the vast importance VI the grant made 10 him
and this has now become the necessary, more
than twenty-five years have elapsed since the Royal
Cedia, together nth the deed OF the Duke Of Ala
gon, and solemn nvestture Of these lands, gave 10
MIR. Hackley an impregnabe tte-which no act Of
government has ever questioned until the survey
now going ON within his boundaries, aud with a high
and arbitrary hand, seems as il were, designed to
question his title. Against this act of our government
under law that expires in August next, and under
mere land Office construction given TO that law OF
very doubtful nature, Mr.. Hackley promptly filed
bis protest, and then petoned the late congress to
docket a case in the Supreme Court Of the United
States for the trial Of his title.
In country OF constitutional law, and Of civil lib
erty, it Is to be hoped aud confidently trusted that
might will never be permitted to overcome right,
merely because OF the great magnitude Of the claim.
The justice and honor Of our country as well as the
true interest oil government equally demand that this
title should be j,adieiaiiy investigated and solemny
settled and that no arbitrary and despotc power
should be welded to suppress any right whatever be
il small or great. Mr. Hackley's high character, and
the whole history Of his life, give full assurance that
covert fraud exists where the entire paper title is
beyond question and il may be asserted with per-
feet TRUTH that the sale made by the Duke Of Aagon
and the purchase by Mr. Hackley, conceived and
contaminated IN the most absolute good faith--and
that up to the present hour the Spanish Cores the
public functionarles, and the of the most en-
lyhtened juriss OF that nation, have in single
instance expressed the least doubt to the constu
tona legal equitable and moral title OF MIR. Iiackley
to all the lands embraced within the limits OF his
grant.
How are these lands to be advantageously
setedor settled at ALL should the United States on
the one hand, set up naked claim (even though at
tended by its vast power) whilst on the other hand
entertans no doubt Of its perfect legal validity The
opinions and arguments Of not less than hundred
American jurists have united with conclusive una
nimty in support Of his grant-which they all consd
er just as impregnablc under the constitution and
laws Of our land, under those Of Spain Many
hundred thousand dollars were zealously and con-
scientously expended by this worthy man in estab-
fishing himself that domain then supposed
be Of no greater value, and that time alone could
make II so under american exertOn and, in the
gucless honesty Of his heart and natural character,
he never for moment conceived it possible that any
arbitrary power would ever be exerted to dspossess
him of his property, which, though great in acres,
was legally, honestly and const tutonay purchased
by him, as ever any man purchased small farm, or
any humble dwelling.
The confidence inspired in Mr.. Hackley by the
opinions of Spanish, British, French and American
lawyers and statesmen, not only nearly contempora-
neOus with his purcl ase, but from that period down,
had any other effect upon his noble spirit than
to inspire him with sentiments Of the most exalted
bene violence which were followed by acts of lbe-
ray that resulted in the eventual loss to himself and
family Of nearly million OF dollars and during his
twenty five years Of undisturbcd possession he
manifested the strongest disposition to extend his
country the freest and most liberal Of such por-
tons Of the lands within his grant, the public ser
vice required. The United States never had and
never attempted to exercise any other than a military
possession from time to time, the acquisitions of
the Indian wars demanded; and Mr. Haciley resum-
ed his possessions the public functonaries retired
there being, in instance, the least collision
and hat Iona ,OA Id
his deeds Of sale and other documents and exercised
every act Of ownership undisturbed, which the I'M
settled and belgerent state of the country demand
cd. Mr.. Hackleys great age, also, prove nted his
doing more; and knowing that those who should fol-
low HIM, when death should end his career, would
be better able TO adopt and execute liberal and USE
full scheme Of settlement, he reposed in quiet and
hoped in the remote future, that his meritorious ex
ertions and great personal sacrifices would eventual
ly be crowned in his children, with pc feet success
He has depa ted to his fathcrs--and his expiring
confidence was that his country would sully its
honor, by deso<icsiiy cresirg from his beloved family
that which he had as fairly acquired as ever any
man had been known TO acquire any estate whatever
however inconsiderable. His last days only wero
greatly disturbed by the recent unlocked for action
Of govenmentbut still he died in the alterations of
hope and snxiety-his protest had been fed-his peii-
iios then before Congress; and, amidst confidence
and doubt, he breathed his last His family inherit
nauSh but that domain acquired by such sacrifices and
q
Of; to Government il is Of no great value-but TO
them il is their sole patrmony For the sovereignty
Of all the Florldas, and for the pngranied lands,
amounting, as we learn, TO about thirty millions of
acres, Government paid but five millions of dollars
and she purchased with the fullest knowledge Of Mr..
Hackley's utle-that the laws Of Spain could not in
the least impair it-and tat our own Constitution
absolutely forbade its impairment Many Spanish
titles, in no way TO be compared in legal equitable, and
constitutional validity with Mr.. Hackleys have been
k..et -. "a
small. Docs title diminish in legal worth, in the
ratio Of the increase Of its pecuniary yaluei We
will not, cannot believe II no country that is not
bdrbaie, could avow be actuated by such a sordd
and iniquitous prime ple-t is not American, and
would, indeed be inhuman. All that the heirs de-
mand is legal inyestlgaton-this they ,oiu have /;
and trusting to the high character Of our Judicial
tribunals, and TO the exalted Of rgi in peo
pie those heirs invoke and challenge the inyestiga-
on and never mean TO res, until full justice shall be
done them.
The people Of Florida would be largely bene-
fitted by having tins title legally adjudicated-they
seek it-abd all those who knop any thing Of the
title, arc satisfied that Government are now doing
~rong, IN the present survey OF Mr. Hackleys
lands Far better for them, and Tor all settlers, and
for gorerrmeni also, that these lands should be
hrmed in these hcirs-morc would be effectively and
prohtaby done TO settle tina, portion Of East Florida
in the round OF few years, than could be done by
government in half century, even were the tite set
tied in favor Of government. But, whatever might
be the comparative value Of these lands in the hands
Of the the other, is Of little moment, compared
with the cnormity OF that dshonor and cruel injus-
tce, were this property to be lawlessy and violently
seized upon, in total disregard Of the highes, legal
opinion and in violation Of every citizens rigi,hat
Of appealing to the sober Judicial decision. This has
been respectfully solicied-no action was had upon
that petition IL will be renewed once more and IL
not then heard the title will be nevertheless prepared
for trial, and the result left with the only tribunal
which under our constitution, recognizes no dis,inc-
ton in the persons Of tigants-nor whether the
matter litgstcd be worth little or much.
As Counsel for the heirs aod representatives Of the
late Richard s. Hackley, the undersigned notify and
admoosb all parsons whatever, that all the lands,
eginning at the mouth Of the river .7,nnnuo ANA
nina or Awsxura, where IL enters the sea, and run
ming along the right bank Of said river to its head