The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-04-19
EAST FLOhIDA.
THE HACKLEY GRANT OF TEN MILLION
OF ACRES

Ihe recent ueath al Norfolk, Va OF the venerable
aud excellent RcHARD s. HAosLEY, is a fitting oc
oasion TO recall the attention of the American public
to the vast Importance of the grant made 10 him
and tins has now become the necessary, as
Than twenty-five years have elapsed since the Royal
Csdaia, together with the deed of the Duke of Ala
gon and solemn int ssture of these lands, gave 10
MIR. Hackley an impregnable titie--which act OF
our government has ever questioned, until the surrey
now going on within has boundaries, and with high
and arbitrary hand seems, as il were designed TO
question his title. Against this act of our
under law That expires in August next, and under
mere land Office construction given TO that law of
very doubtful nature, MIR. Hackley promptly filed
his protest, and then pcttoned the late congress 10
docket a 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
erty, 1t 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 as well as the
true interest Of government equally demand that this
tile should De J'dieaiiy investigated and solemnly
settled and that no arbitrary and despotic power
should be welded to suppress any right whatever be
II small or great Mr. Hackley high character, aud
the whole history Of his life give full assurance that
covert fraud exists where the entire paper title
beyond question and il may be asserted, with per-
feet truth, that the sale made by the Duke Of Alagon
and the purchase by Mr. Hackley were conceived and
contaminated IN the most absolute good Falkland
that up to the present hour the Spanish Cortes the
public functonarles, and the Of the most en-
lghtened Jursts OF that nation, have in single
instance expressed the least doubt TO the constitu
tional legal equitable and moral title OF Mr. Hackley
to all the lands embraced within the limits Of his
grant.
Huw are these lands ever TO be dyantageousy
settledor settled at ALL should the United States,
the one hand, sci up naked claim (evcn though al
tended by its vast power)whilst on the other hand
every one the least cognizant of the Hackley title,
entertalns no doubt of its perfect legal validity The
opinions and arguments of not less than hundred
American jursts, have united with conclusive una
nmity IN support OF his grant-which they all consd
er just as impregnable under the constitution and
laws OF our land, as under those of Spain. Many
hundred thousand dollars were jealousy and con.
scientiously expended by this worthy man in esab-
fishing himself IN that vast domain then supposed to
be OF greater value and that time alone could
make II so under .4merican exerton and in the
guileess honesty of his heart and natural character
he never Tor moment conceived it possible that any
arbitrary power would be exerted to dspossess
him OF his property, which, though great in acres,
was as legally, honestly and const uonay 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 pure hase butfrom that period down
never had any other effect upon his noble ir than
to inspire him with sentiments of the most exalted
benevolence,-which were followed by acts of Ibe-
raity that resulted in the eventual loss himself and
family of nearly million Of dollars and during his
twenty-five years OF cndsturbed possession, he ever
manifested the strongest disposition to extend TO 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 military
possession from time to time the acquisitions of
the Indian wars demanded; and Mr. Hackley resum-
ed his possessions the public functonaries retired
there being, in no instance, the least collision
and his agent, during that long period, filed
his deeds OF sale and other documents and exercised
every act Of ownership undisturbed, which the I'M
settled and belgeren state of the country demand
ed. Mr.. Hack4ey's great age, also, prevented his
doing more and knowing that those tho should fol-
low him, when death should end his career, would
be better able 10 adopt and execute liberal and use
full scheme of settlement, he reposed in quiet, and
hoped in the remote future, that his mcritorious ex
ertions and great personal sacrifices would eventual
ly be crowned, in his children with pc feet success
He has depa ted TO his fathers-and his expirinp
confidence was that his country would never suy its
honor, by depotieay cresng from his beloved family
that which he had as fairly acquired, as ever any
man had been known TO acquire any estate whatever
however nconsiderable His last DAYS only were
greatly disturbed by the unlocked for action
Of goyernment-bul still he died in the alterations of
hope AMI anxiety-hs protest had been filed-his pc
ton then before Congress- and, amidst conideaoe
and doubt, he breathed his last liz family inherit
naush but that domain acquired by such sacrifices and
deferred hopes reTy he of II has been disposed
of; to Government It is Of no graf vaue-but TO
them il is their sole patimohy For the sovereignty
of all the Florldas and for the ungranied lands
amounting, as we learn, TO about hiry millions of
acres, Government paid but Eve millions Of dollars
aud she purchased with the fullest knowledge of Mr.
Hackey's tite-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.. Hsckey'. have been
confrmcd-but theirs, II will be remembered were
small Does title diminish in legal worth, in the
ratio of the increase of its pecuniary valuei We
will not, cannot believe ii no country that is no,
barbarie could ayow or be actuated by such sordid
and niquitous pdnciple-it is not American, and
would indeed, be Ihhuman. All that the heirs de-
mand is a legal inyestgation-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 nvestiga-
ton, and mean 10 rest 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-and all those who knor any thing Of the
title are satisfied that Government are now dong
rrong, In the present survey of Mr. HackIey's
lands. Far better for them, and for all settlers and
for gorernmen, also, that these lands should be-
hmed IN these heirs-more would be effectively and
prohtably TO settle that portion Of East Florida,
IN the round of few years, than could be done by
government in half century, the tit 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 onormity Of that dishonor and cruel MUS
tice, this property TO be lawlessy and violently
seized upon, in total disregard Of the highest legal
opinion, and in violation Of every citizens rghi-hat
OF appealing 10 the sober Judicial decision. This has
been respectfully solic ed--no action had upon
that petition il will be renewed 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 dstinc
ton in the persons Of ltgants-nor whether the
matter litigated be worth little or much.
As Counsel for the heirs add representatives Of the
late Richard s Ilackley, the undersigned notify and
admonish all pc sons whatever that all the lands,
"beg ginning at the mouth Of the river .4manu a. ANA
nina or AwaNura wtcrc II enters the sea and rom