The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-04-14
EAST FLORIDA.
THE HACkLEY GRANT OF TEN MILLION
OF ACRES

The recent death at Norfolk Va OF the venerable
and excellent RicHARp y. HAoKLEY, Is fitting oc
easion 10 recall the attention Of the American public
TO the vast importance Of the grant made TO him
and this has now become the necessary as more
than twenty-five years have elapsed since the Royai
Ceiuan together vi It'll the deed OF the Duke of Ala
gon, and solemn nvestiture Of these lands gave to
Mr. Hsckiey an impfegnable ttle--which no act Of
our government has ever questioned until the ssyuev
nov gong ON within his boundaries, and with high
ana ato"iaiy hand, seems, as II 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, MIR. Hackiey promptly filled
his protest, and then pettoned the late congress to
docket case in the Supreme Court of the United
States for the trial Of his title.
In a country of constitutional law and Of civil lib
ery, II is TO be hoped and 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, well the
true interest OF government equally demand that this
title should be j,dieiaiIy investigated and solemny
settled and that no arbitrary and despotic power
should be welded TO suppress any right whatever, be
II small or great Mr. Hackleys high character, and
the whole history Of his life give full that
no covert fraud exists, where the entire paper title is
beyond question; and ii may be asserted, with per-
feet TRUTH that The sale made by the Duke of Alagon
and the purchase by Mr.. Hackley, conceived and
contaminated in the most absolute good failh--and
10 present tne spanish COrtcs-t TIE
public functonsrIes, and the of the most en-
lyhened jursts of that nation, have in single
instance expressed the least doubt as to the constu
tional, legal, equitable and moral title o: Mr. Hackley
to all the lands embraced within the limits Of his
grant.
Hw these lands ever to DO advantageously
scttsdor settled At ALL should the United States on
the one hand, set up naked claim (oven though at
tended by its vast power)whilst on the other hand
every the least cognizant Of the Hackley title
nc If tie tla0a
opinions and arguments OF not less than one hundred
American jurists have united with conclusive una.
nimity in support of his grant-which they all consd-
or just as impregnable under the constitution and
laws OF our land, as under those of Spain Many
hundred thousand dollars were zealously and con.
scieniously expended by this worthy man in estab-
lishng himself IN that vast domain then supposed to
be OF no greater value, and that time alone could
make It so under .4merican exertion and, in the
guiel0A honesty of his heart and natural character
he never for moment conceived it possible that any
arbitrary power would ever be exered to dspossess
him Of his property which, though great in acres,
was as 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 purchase but from that period down.
never had any other effect upon his noble spirit than
to inspire him with sentiments of the most exalted
benevolence, 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
tw enty-f years Of undsturbed possession he ever
manifested the strongest disposition to extend to his
country the freest and most liberal use of such nor.
tons OF the lands within his grant as the public
vice required. The United States never had, and
never attempted to exercise any other than military
possession, from time to time, the acquisitions OF
the Indian wars demanded; and Mr.. Hackley resum-
ed his possessions the public flnconaries retired
he Lao ll,s;n,
and his agent, during that long period, filed |
his deeds OF sale and other documents and exercised
every act Of ownership undisturbed, which the un-
settled and begerent state Of the country demand
ed. MIR. Hackley's great age, also, prevented 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
full scheme Of settlement, he reposed in quiet and
hoped in the remote future, that his meritorious
ertons and great personal sacrifices would eventual
ly be crowned in his children, with DC feet success
He has now departed to his fathers-and his expiring
confidence was that his country would never suy its
honor by depoficaiy rresing from bis beloved family
that which he had as fairly acquired as ever any
man had been known to acquire any estate whatever
however inconsiderabIe. His last DAYS only were |
greatly disturbed by the recent unlocked for action
of government-but still he died in the alterations of
hope AMI anxcty-his protest had been fed-bis peii-
lion then before Congress; and amidst confdeace
and doubt, he breahed his last. His family inherit
nau,h but that domain acquired by such sacrifices and
deferred hopes rery little of il has been disposed
Of; TO Government it is OF no gr at yalue-but to
them IT is their sole pat imory For the sovereignty
Of all the Floridas and for the mgrani,d lands
amounting, as we learn, to about thirty millions OF
acres, Government paid but five millions of dollars
and she purchased with the fullest know ledge Of Mr.
Hackley's ute-that the laws Of Spain could not in
the least impair it-and tat own Constitution
absolutely forbade its impairment. Many Spanish
titles, IN way to be compared in legal equitable and
constitutional validity with MIR. Hackleyis. have been
conhrmed-but theirs, il will be remembered were
small. Does little diminish in legal worth in the
rates of the increase Of its pecuniary valuel We
will not, cannot believe no country that is not
barbnie, could avow or be actuaed by such a sordid
and iniqutous principe-t is not American aud
would, indeed, be Dhuman. All that the heirs de-
mand is a legal investigaton-this they ,ciH have !;
and trusting TO the high character Of our judicial
tribunals and 10 the exalted Of right In our peo-
pie, those heirs invoke and challenge the investga-
ton and never mean to rest until full justice shall be
done them.
The people of Florida would be largely bcpe-
fitted by having tins title legally adjudicated-they
seek it-and all those who kno,o any thing Of the
title satisfied that Government are now doing
,crong, in the present survey Of Mr. Hackley's
lands. Far better for them and for all settlers and
for government, Also that these lands should be
filmed in these heirs-more would be effectively and
proably done 10 settle that portion OF East Florida
IN the round Of few years, than could be done by
government in half century we're the TIT set
tied in favor of government. But, whatever might
be the comparative value OF these lands in the hands
of the the otner IS Of little moment, compared
with the enormty Of that dishonor and cruel MUS
tlcc, this property to be lawesy and violently
seized upon, in total disregard Of the highest legal
opinion and in violation Of every citizens r,gh-that
OF appealing TO the sober Judicial decision. This has
been respectfully solcied-no action was had upon
that petition il will be renewed once more and IL
then heard the title will be nevertheless prepared
for trial, and the result left with the only tribunal
which, under constitution, recognizes distinc
ton in the persons Of litigsnts-nor whether the
matter litigsted be worth little OF much.
As Counsel for the heirs and representatives Of the
late richard S. Haokley, the undersigned notify and