The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-04-24
EAST FLORIDA
THE HACKLEY GRANT OF TEN MILLION
OF ACRES

casion 10 recall the attention OF the American public
10 the vast importance Of the grant made to him
and this has now become the necessary, more
than twenty-five years have elapsed since the Royal
Ced,da together ith the deed OF the Duke OF Ala
go8, aud solemn nyesture of these lands, gave 10
MIR. Eackley an impregnable title-which no act oil
our government has ever questioned, until the surrey
now going on within his boundaries, and with 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
his protest. and then petitoned the late congress TO
docket 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, 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 country, well as the
true interest of government equally demand that this
title should be jtdciaiiy investigated and solemnly
settled and that no arbitrary aud despotic power
should be welded TO suppress any right whatever, be
II small or great MIR fiackey's high charac er, and
the whole history Of his life, give full 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 Aagon,
and the purchase 10y Mr. ilackey conceived and
| coDsummated IN the most absolute good faith-and
that up to the present hour the Spanish Cortes the
public iunctonarles, and the sense Of the most en-
lighened urists OF that nation, have in single
instance expressed the least doubt TO the consttu-
tional, legal, equitable and moral title o. Mr. Hackley
to all the lands embraced within the limits OF his
grant
How are these lands TO be advantageousy
settledor settled at all should the United States on
the one hand, set up naked claim (even though at
tended by its vast power) whilst, the other hand
every one the least cogniZaDt Of the Hackley title
en,erains no doubt Of its perfect legal validity The
opinions and arguments of not less than hundred
American jursts, have united with conclusive
| nmiy in support OF his grant-which they all consd
er Just impregnabe under the constitution and
laws of our land, under those of Spain Many
hundred thousand dollars were jealousy and con
scentiously expended by this worthy man in esiab-
Listing himself that vast domain then supposed to
be OF no greater value, and that time alone could
make II SO under american eXertion and, IN the
guileless honesty of his heart and natural character
he never for moment conceived it possible that any
arbitrary power would be excrted to dispossess
him of his property, which, though great in acres,
legally, honestly and const tuonally 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,
had any other effect upon his noble 81 irt than
to inspire him with sentiments of the most exalted
beney violence which were followed by acts of lbe-
ray that resulted in the eventual loss TO himself aud
family of nearly million of dollars and during his
1--WE years OIL CnustuTUcu pOSsesslOn, ne ever
manifested the strongest disposition to extend to his
country the reest and most liberal of such por-
tons of the lands within his grant, 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 demanded and Mr. Hackley resum-
ed his possessions the public unctionaries retired
there being, in instance the least collision
and his agent, during that long period, filed
his deeds of sale and other documents and exercised
eve Of of ownership undsfnrhed th,
settled and bellgerent state Of the country demand
ed. Mr.. lacklcy'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 aud use
full scheme Of settlement, he reposed in quiet, and
hoped in the remote future, that his mcritorous ex-
ertlons and great personal sacrifices, would eventual
ly be crowned in his children, with pc feet success
lie has depa ted TO his athers-and his ex pirng
confidence was that his country would sully its
honor, by depooaiiy Tresing from his beloved family
that which he had as fairly acquired, as ever any
man had been known TO acquire any estate whate YER
however nconsderabe. His last days only were
greatly disturbed by the recent unlocked for action
of governmentbui still he died in the alterations of
hope AMI anXetyhis protest had been 6od-his pefi-
ton then before Congress; and, amidst confidence
and doubt, he breathed his last. His family inherit
naugh but that domain acquired by such sacrifices and
deferred hopes reg hle of IL has been disposed
of; to Government it is of no graf yalue-but TO
them il is their sole patrimoby For the sovereignty
Of all the Florldas, and for the ungra,,ied lands
amounting, as VIC 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 tile-lhat the laws of Spain could not in
the least impair it-and trst our own Constitution
absolutely forbade lis impairment Many Spanish
titles IN no way To be compared In legal equitable, and
constitutional validity with Mr. IIackleys have been
confrmed-but theirs, il will be remembered, were
small Does title diminish In legal worth in the
ratio Of the increase Of its pecunary vauei We
will not, cannot believe 1t country tha, is not
bnbarie could ayow or be actuated by such a sordd
and inIquitous principle-it is not American, and
would indeed, be inhuman. All that the heirs de-
mand is a legal inyesugalion-his they uiu have :;
and trusting to the high character Of judicial
tribunals and TO the exalted Of right in peo
pie, those heirs invoke and challenge the inyestga-
ton, and TO rest until full justice shall be
done them.
The people OF Florida would be largely bene-
fitted by having tins title legally adjudicated-thcy
seek it-and all those who knop any thing Of the
title, are satisfied that Government doing
Urong, in the present survey Of Mr.. IIackeys
lands. Far better for them and for all settlers and
for government, also, that these lands should b.
htmed in these heirs-more would be effectively and
pro6ably done TO settle that portion Of East Florida,
m the round OF a few years, than could be done by
government in half century, even were the tit set
tied in favor of government. But, whatever might
be the comparative value Of these lands in the hands
Of the one the other, is Of little moment compared
with the enormity Of that dshonor aud cruel injus-
tice, this property to be awlessly and violently
seized upon, in total disregard Of the highest legal
opinion and in violation Of every eii-en's rghthat
Of appealing TO the sober Judicial decision This has
been respectfully solicIed--no action was had upon
that petition II will be renewed once more and II
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 dlsnc
ton IN the persons of litigants--nor whether the
matter htgated be worth little or much
As Counsel for the heirs add representatives Of the
late Richard : ilackley the undersigned notify and
admonish all persons whatever, that all the lands,
mhcgnnlng AZ The mouth Of the river lnnnlL a. ANN