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CONGRESS.
Tfovs* vt Ilerrs fitatitu, Janua
ry 29.
DEBATE ON ‘1 HE QEORCJA
Cf.BlNs.
c nr rinv ‘•d,
, 1 w n, J le 1, in commits'ion 1
I no -., r .. A ‘ri trvfidf on this occafi—
-00 prwcq ■•■’ y so the qm lion of no tee,
bicaofe it li . been made an engine to
p’ :y upon ‘t' ret h,n of many,
a..it not 1 tcaufe ir! ’rnrd it material to
1 i. q,.< i.i./ij of tide, lei n ,t myinten
tin u/'tia-cl over the ground which I
•i.cupier the lad h fijori on thr follow
ing point*. Tint G” >rgia
had no right to rra t the fnle , that e
•. .1 i. jI had the ecrfv'c’b-ing la ; d in
osrrop on k- 1 1 - 1 . v a* nul end void,
ah-i’ iiio tvn, co icqucutlv, the q-is
---lio-i r ( nette* ..s n< n.at- rial to the
quell ion of title, in tn- Imds of third
pqlon?; Ir v, the mud,al grant being
c';'. i/ltd by bribe-y S’ and fraud, no riijht
coj_’J vent under i* ; arft tfci the g-an
tc'.S, of I 795 CCllld not fell 9 grrrtcr, or
het:e- title, then tiny tl.emu.lv. 1 p s
; and that cv n if thrfe oofit-.ona
v/i"e s f„lfe as they are i- ddputr.bly
true, the ptefent cefe present; a rr.on
frou an.;.- ~ly to which thccidmary nnd
r.'frijr; m-r.ir*i of nunicipnl ja:iTpru
d n-e ought not, and cannot he apph“d.
It i fim. great t> Ift principles, to which
the patriots of Georgia so glorioiidy ap.
1“ ■!<.■!, tiidt we n u l look for aid in fuels
extremity. k es, extreme cases, like
” his, cad/or e*ir me remedies. They
hid defiance to palliattivec, and it is only
from h - knife, or the actual cautery,
that you can expeft relief.—There is
n icurt Itiort of 1 xtirpitation. A*tor-
H: y a .and _ do not dealt fat; £. cm
piics.
Tiie right of the date of Georgia to
fell (although Ido not promise to go
largely into tli it qurdion) is denied by
you own itiifu'e book, by turning to
v. hlci y>'ti w ill find, that so far from be
ing able to tranafei to others, the right of
cxlingtfiihing Indian title to land, the has
not been aide to ex ere tie it for her own
benefit. 11 is only through the agency
of the umt<-d State* that (he can obtain
the cxtinguiflitnent of Indian title to the
( il within her iiwiiu, inucli kfs could
(h ■ delegate it to a (civ Yazoo rr, :n.—■
Bit, is Iris been repeatedly dated .on
1., ner dilcuflioni of this fj'ijeft, even if
tl’.e quedicn of right oil the part of
Georg ato (cii, ana,mil the part of the
grantees to take, be concealed, it
be controverted that the fraudulent and
coriunt attempt of the legislature of
17p5 to betray the interests of those
vlio tiad confided in them, was ipso fac
to void ( that no right could be veiled
by it, in the iultigaiors and participators
ot the fraud, ami that theft- could not
tfouvry to others a bitter title than they
tluynfelvrs poflefled. If the authority
were worth any thing, I niyfelf would
cite that of the mttnoriahlis themfeUes,.
end of the committee of .claims, in sup
port of this pofitinn.
If is allowed Ly tliefe authorities, that
the title of tlie piirch.sfer*, at second and
third hand, it diminish-d in the ratio
wliicli live millions of acres bears to the
svliolc territoty, which th.y modtll'y ad
mit to contain thirty five millions of acre,,
a'thmtgh there is the bell realon to bq
lirve it to ! nearer fifty.
Now. sir, thry have not eondefcer.dtd
to explain to us by what legerdemain it
comes topafs,that a title tothirty-fire mil
lions of acres (la ‘tike their ow'n ftate
metit) is depreciated in th.-ir hands so
f. aid ally ns to qu irti'y , is reduced to one
seventh of.iu value, whiltl tile quality of
the title to that levnilh is prq[H>rtionaily
railed. Plain, bonell men wsuid reason
very cliff rentiy, A innn of t!:is ll*.mp
wi-uld loincwhat iu t is way. it
the corrupt and corrupting grantee* of
lytje, fold a claim to thirty five millions
of acre* to third pci funs, finely tWofepcr
fouj won id have the fame title to the
whole of the property which they had
put ch a fed, ll.at tkev could pretend to lit
tip to any part of it. 1 would never oc
cur to such a man, that whiltt, as to qtia
i ‘y, tliefe persons haj brought a better
ti:li titan the vendors thcmfclvcs h?d to
!.li, yet, by lon e mtelligible proc.l’s,
this title was in quantity, and cf
couth- : i M .lut, walled t.i their hends to
one fcv.ntU pait ot ns original worth :
to oth.-i words, sc-jx .ev u ti.v.e: <uont,
anJtt ‘>.• lime ’rttir, ilidn the title
of the original grantees. Di/covcries (ue!i
athefe have.beeaj referred for the pre
f-ru- i legal learuing of llic agents ot the
N-w-England Mifitfilppi land company,
an l the ingenuity of the cemmtnec cf
clii v.s f What, sir, would yon fay to a
piv’..ndcr to yi ur eflate, who after lay.
it claim to tie n !yi: . f it, and wiitinir
a volume of argument (if 1 nuy so atmie
the ttrtn as to apply it to the topf.uti a
ted tin ill which 1 hold in my hand) in
fuppc, lof l.: p etenliocs, fit.mid niuke
it. the ground woik ot a pt ip-.,!nl to re
vive a seventh, ora Uuth pa.t of what
lu ikciartd him legally and equitably en
titled to, and IhoulJ at the lame time
aft: m t-ntt you were “ t undin fioior”
t.V.ain- ie i->, hisniodeft, co. tiderate anJ
g u. u. prop-Tition Would you noi
hunt ft.n> from your preftnee as a fw-.n
cii.r, as * • i lii’ b rof tiic peace of society,
. or w r.d you r-c trepanned by ius arti
fice, or b'Jhicc ly ills effrontery out, of
your property 1
Ti e govc .r .nt cf the United States
on a former occA'.cri,’did not, indeed, act
in this i, .i a. and ihJd.J manner. But
tn ~ writ h ■ Io: nßitutional time.-,
vhic i ought never to ye Jrawr into pre
. c dent. The -fir. l yerr that 1 had.the
-or of f fiat in thu Hocie, an ad was
- ’.! i-v an ti -r no: al;o .ether unlike
,?fice;:c now pro'.lid, .1 iiludc to the
• afeof *l.e Cornff -ct;l refave, t/ which ]
the ration was fwindlrd out of fnm;j
three or four mi’.’ ii sos acres of laud, j
which, i ke other it l tit! s, Kid fa len I
- into the handr of innocent f>uribaj-rs j
U hen 1 advent to the aopl’cants by j
w'hom we were then bt set, I finthat a- ;
mong them was one of the very perns I
vhof!y!e?her fe’ws agents cf ti e N
England M.filflippi land cc*fTp ,r y, who !
ferrrs to have an unfortunate knock ?.• :
buying bad titles. H:s gigantic gralp
err:braces with one hand the (liorea of
lake Erie and tlretches with the other to
the bay o! Mobille. Millions of a -ro
are rafdy diycfled by such llomacks—
Goa-led by avarice, they buy only to fill,
ar.d fell on!/ to buy. The retail trade }
of fra ad and impofime yells too fniall
and .Taw a profit to gratify the’r cupidi
ty. They buy and fell corruption in
the gross, and a few millions, more or fifi,
is hardly felt in the account. The deep
er the piay, the greater their jefl for tne
gam-sad the flake which it set upon
their throw, is nothing l c fs than the pa
trimony of the people. Mr. Speaker,
when 11 e the agency that has been em
ployed on this uccafion,! mud own that it
fill me wiib appre'.ici lion and alarm*—
T is faut? agent v* (it the head of an exe
entire dtpar*m-. nt ofoi!rgove*'nmene, fub
ordicatindeed in rar.k a :d dignity, 4c
in the ability r. for its fuperfuten
ilauc*, but inferior to none in the ii flu
rn. e atta uc 1 to it. Tins officer, pus—
feffi-d of how many snug appointments
and lat eontradfs, fit die voluminous re- -
cords on your table of the mere names
and dales and funis declare, having an
ii ..uence which is confined to no quarter
oi the .country, lint pervading every part
of the union, with offices in his gift a
.r.ong the mold luc ative, and at the fame
time the lead laborious, or rcfponfibk,
under the government, so tempting os to
draw a member of the other houte from
lus feat, and place kirn as a deputy ot the
feet of your applicant ; this officer pie
dents liimieif at your bar, at once a party
anj an advocate, oir, whtn I fee this
tremendous patronage brought to bear
upon U 3,1 do coiifcfs that it ftr.kva me
with coi'fiernation and difinay, J it
come to this? Are heads of executive
departments of the government to be
brougt to this House, with all the infiu".
enec and patronage attached to them, to
extort from us, now, what wa3 refufed
at the last session of Ccngrefs ? I hope
not,.fir. But if they are, and if the
abominable villainy upon, and
by the legitlature of Georgia, in iycjr,
13 now to be glofied over, Tfor one will
. fit what feevity they, by whom it shall
be done can offer for their reputations,
better than can be given for the charac
ter of that legislature? I will pin jnyfclf
upon the text, and preach upon it as
long as I have life. If no other reason
can be adduced, but a regard for our
own fame, if it were only to refeue our
i'elves from this foul imputation, this
weak and dilhonou aule comprom fe
it ought to receive a prompt and d-cifive
rtj-Aion.— Is the voice cf patriotifa lul
led to reff ? that we bo longer hear the
cry agamil an overbearing n.-jority, de
termined to put down-the con Hi tut ion
and dea*” to every proposition of comnro
mife ? Such were the dire forebodings
to which we have been heretofore com
pelled to liflen. But if the enmity cf
such men be formidable, their friendflvp
:s deadly dell;u-fii in, their touch pollu
tion. What is the spirit agaiml which
we now (liuggle, which wr have vainly
endeavoured to (lifit ? a monster genera
ted by fiaud, nursed in corruption, that
in grim filtnce awaits his prey. It ij the
spirit of FEDERALISM 1 That fpi
rit which confidei* the many as made on
ly for a few, which fees in government
nothing but a j >b, which is never so true
to itfilf, as when falfe to the nation
When I behold a certain party support
ing and clinging to such a mealure, almoll
to * man, I fee only m< n faithful to their
own principles ; pursuing with Heady
tTp and tntired zcr.l, the uniform tenor
‘of their political ..'e. hut when I fee
alliciatcd with them, in firm compadl,
| others v.ho or.ee rallied under the iinad
-1 aid of opposite principles. I am fired
-with appichenfior pnd concern. Os
what confequeHce is it that man fmilesin
your face, holds out his hand and declares
I himf.lf the advocate of those political
piiuc:pleß to which you also a: e attached,
when you fee linn -dt.ng with your ad
verfartti y?i-l .other principles, which
the voice ot lbs nation has put. down,
which I did hope w ere buried, ne.v r to
life again in this ft Clio not tike gloOe—
I fpcak of the plunder of lot public pro
peuy. Say what we will, the marrow
and plicii of this bufinois will he f'oun I
in me ch-radcr of the grsar .majority, of
I it• frieadt—whe Hand, .as .they ii ivc he
j for* llood, on this n -or, the unululoin ;
; advocates of uiiblufft'.iig corruDti in. But
[tins it may be Lid is i le deeiarnaiion.
I \\ c m v he tol , as we have hten tol l
j before, that the fqmurderers of the pub
| lie treafiire are the gunroian: of the peo.
I pic againll their v.crll enemies, them*
I fidves -. that to piovc.t thein from furthe
dilapidations, it is n-coffiry to give >t> s
cubclus of corrupt.,.,,, tins rsgtny i.eade 1
dog of hi.ll a lop that it i icyour int<-
rril to pacity him and the feiitimert
is te-tchoed by Uis yr!l. Good God t
Sir, can you believe, can any man be
lieve it,—is there a worn in, or child, in
the country weak enough to credit it, —
that a frt of {peculators, out of pure re
gat J to the public are wil’ing to
faenfice thnty million* of acres of land ?
fiat they preL their offer to accept a fi.
veuth or a tenth of their claim, fora mo
tives of patriotism ? Can you believe tha*
their love of their country hss got the
better oi ibeir a. ar.ee, that the r viitu:
i? equs! to such a fsenfies at the fb-lne cf i
the “pu K d : r welfare ? Such men I r pect
it, are f >-minab!e as enemies, but thr.r
friendlhip is f;aught with irrellible death.
I fear in died the “ Dana os, et dona
ere tes ” But after the law, in quelli-in,
ihall h?vc pafled, w!:ot fedur-.tv have you
that toe claimants will accede to you--
lerm- of {.improaifc ?—that this is not
a trap, to obtain from Congress fo.nc
thing like a recognition of th- ir title, to
be hereafter ami agsinlt us ? air, with ad
our wisdom, I fenoufly doubt durabili
ty to contend with the arts and di-figns
of tliefe claimants, if they can once en
tangled us in th; nett of onr own legifla
t*on. Let the aft of March ißci, of
which already they have made so dexte
rous a use, be remembered. They tbem-
Cejvcs nave pointed out the courle which
we ought to pqrfue. They have tr !c us,
that so long as we refrain from legiflatin •
on this fubjvft, their case is hoprlcfs.—
Let us then perfevi re in a “wife and
mafferly.’ itiaftivity.
Whenever a bill shall introduced in
conformity to the principles of the report,
if such should nnfortimately he the deci. ‘
fi m of the house, l trull that forne gen- )
tlemen more competent than niyfelf will |
be ready to give it a more off--ftua! nppo- j
(ition. My weak health and want of i
preparation unlit me for the talk. But
fir, if this claim is to be ackwitted, I
hope we (ha'.l not fail to go to ihe while
lcrg’h of cur principle—that we fhail
not narrow down to five mi lions of acres
a !eg?l or equitable titel to fiby. L
fhall determine to fnnftion this
fraud upon the public, I trull in God !
we (hall hear nomore of the crimes and I
follir* of the former admiiiiflration. F„ r j
one I promise that mr lips upon this
fubjeft (hail b; ciofed in eternal (ilcnce.
1 Inauid c if Jain -to prate about the petty
iaiceiies of our predeccuors, after h&v.
ingpivenmy fanftion to this atrocious I
public r ib'ocry. Thtir petty delinquen- I
cies will vanidi before it, as the liars of
firmauKiit fa-le at die effulgent approach
of a limmer’s fun
Jin. 30-
Ml. FLLioT.— rt cannot but be eon
fiderd as a very fortunate circumstance,
and cne which cannot fail to have a la
vortfile influence upon the final decision
of this important question, that, fine;
the delivery of the animated obfervation*
whiili ytllcrday so powerfully attrafted
the mention of the house, we have been
afforlrda f; w horus to tranquil retirement
frontthe temped of the forum, for the
purpafe, uleful at all times and peculiarly
so atthe present tune, of calm rrfleftion.
T o tiansfer ourfeives in a r.yiment from
ti e ihwery fields of fancy, to the rugged
road cf argument to defeend indan’ ane.
oufly n-orn the elevated feenes of elo
quence to t e .humble walks of common
sense, requires an effort tranfeendiug *r
dinary powers In claiming your atten
t,OH Mr. Spctker, for a greater portion
of th* day than I.commonly occupy in
debate upon this floor, I shall not ad
*tef yon in ihe ffyle of compliment or
;*remcsr.y. It is time to banilh from
these vr&'ls that idle frippery of ceremo
nious eonverfation which, is failed only
ton new-years compliment, or a birth
day fa'mation, and to try to catch a li: tic
of the sturdy fpirir o r antiqirty; A bold, ,
a loud, an impr. fii e appeal, is made to ‘
the American people, la that appeal 1 j
fearlefsly and mod cordially unite, i re- I
g-et, however trie rxilleuce of a precc- |
dent it oncejuilifi sand demands
tlu fe addrtffes to the people. JiJuch as
I wish t3 d.ffemmate correft information
pHriicularly 011 a subj. ft which I believe
is but impei feftly undertlooJ without
tliefe walls except by intereded persons,
and convinced as I am that the fubjeft i
undtrftaoJ, Sc aei opinion formed upon it,
by every member cf this Honfc, I (hall
n it so completely follow the example be
fore us as to speak to the peo
ple in the firft in dance, but shall as usual
di'eft my obfetrations to the Houfi..
1 pmpofe to examine, in a concise, and
! and if it be in my power, in an argumen
tative manner, the the following quefli
onp, which have a dirift application to the
amendment yropofed by the gentleman
from Virginia, ( Mr. < laik) to the reso
lution undvr confrieration, and which at
the fame ti ne open to view the whole ex
it nt of the fubjeft
Did the date of Georgia, in the year
1795, p ff is a title to the territory n
q nett ion *
Were the 1 .idatore of of Georgia, in
1T.95, invelled with the conllitutionai
power of making a tale of the territory
and did they moke such fa e to those from
whom the pr Irnt claimants derive their
title or pix'ended title ? And ;f such (ale
was ma e, what title or color of title
it coany ?
Were the members of the kg'r.iature of
Georgia, in 1796, i .veiled with the con
ftitutioncl pown of rtfcii.ding the afts of
predecelT.irsiri relation tc such file
md dul they reicind them ?
Were the claims or pretended claims
jof the present claimants iu any manner
recognized by the aft of celfi nos the
tcmt i.y in qurllion from Georgia to the
Uni'ed States ? Ar.d,
Da justice and polity, or either juflicc
! or policy r e ure that tht w'aoleur any
I prrt of tne fi e millions of teres, .referred
he ttie aft of erffian from Georgia to
the V.vted-S’ates, for the ptnpofe ot
fatisfying the cL'm-. of a certain dcf.rip
ticn agai. il Georgia, in reference to the
said i-erritory, dtould, be appropriated
f"r the purpose of fatiifytng the claims
cf the prefei.t claimant* ?
However xte :fv.j the outline which 1
have tketcln l of the fuoj-ct, the turvey
will he a rapid one.
It i* uecc ury that I flmtfid make .are
o. 1 two prelimiiu y 3'jlerations. I have
>Jr : Lrm.*y hte” npp.;.f*d to the dcftrii •
which bis firm f.- p-iwertu’!, advocated,
th-1 Congvefs is competent to rrr-k; ale
gidativc decifian upon the validity or in
valid ty of the co: !liftii,grft3 cf Georgia .
We poff-fs no such powers. But as in
d'vidualr we may exprels our opinions.
Mora n I disposed to do any ’hiiiix wliicli
(hall have a tendu,cy to impugn the title
of the United States to tb.s terri'ory. j
‘.VithoUt deciding tiie cutrilion of title, •
mv principal object is to ihevv tlia* the •
ciaimants are in poffelljon of lo tiro: g i
a color of tire, that it will he good policy [
to authorize a negotiation vsi.ii them for I
the abandonment cf th n clan*;, especial- j
ly as we hr.ve a profpeft nf ob'ainin™
that abandonment on their part, without
go Rg beyond the refetvation in the aft
of csffion, md of course without the ac
tual expence of a ling’s dollar to the
Uniteand
Did the date of Georgia, ir the y"3r
l? 95 pofiefs a title Vo the territorv in
quell ion ?
To aii Twer this enquiry, it is osty ne- |
celTary to make one nr two quotations, ■
from toe articles of agreement and celfi on I
entered into ontiie 2i].th of April, ISO 2,
between the commifiioners of the United 1
States and ihofe of Georgia —*= In tfie j
firft article, “ the date of Georgia cedes j
to the f/nitefi States a true right, title
and cb'm, which the said ftitte has to
the juvifdiftjon arid foil of the lands li. c.a- j
tate 1 within the bonudaries cf the Uni
ted States south of ts cfliteofT -nneff e,”
&c. By the fecund attic!*, “ ’Flie Hut ’
ted States accept the cefiion above rher.- ■
t oned, and on the conditions therein
exp re (Ted j and they cede to the Hate of
Georgia whatever claim light or title
they may have to the JunfcuAion or foil
ol any lands lying within the Lfiiited
States, and out of the proper boundaries
of the Hates of Tenntff. e, North Carolina
and Sonih-Carolu:::, and end of heboun
dara line herein above deferibed, as the
eaffern boundary the territory ceded by
Georgia to the f/nite l States. Whatc- ]
ver cisirri or till the t/nited States might i
previously hav; had to the territory, they 1
thought proper, in itio2, to combine j
with it, and to fortify it, by that of Geor-!
gia ; and surely we diall not do any ‘
aft, or adopt any principle, tending to j
impair the title uuder which we now
cxeroife jurifdiftion over the territory.
Were the legtdature of Georgia, in
1795, inveftid with the Constitutional
power of making a faie of the territory,!
and did they make such sale to those from j
whom the present claimants derive their [
title or pretended title ? Ar.d if such sale
was tr.adc, what title or color of title did
it convey ?
In this age of political revolution and
information, for 1 coufider it as an age of
reformation as tve’i as revolution there
arc diil certain principles and maxims not
merely venerable for their antiquity,
but confecrntrd by their conformity to
the common fer.fc and reason of man
kind. which are confiJered as universal
in their application, and irrcfiftable in
their influence, Among these may be
numbered the principles which attach to
the government of every regularly organ,
ized community, the power of pledging
the pc'lie (- th. and hat ot alienating
t'.ie i , s ht cf foil of the vacant territory
of the nation. In every free govern
ment, there must exist the power of
legislation or of making laws, a diftinft
power charged with the execution of the
laws, and a judicial power ; the union of
these different ,powers in the fame man
or body of men is the very essence of
despotism. Thus is France prior to the
revolution ;it was a fiundamental maxim
cf date that the king was the legifiator
of the French monarchy ; and the pow
_er exercifcd in fome jndances by cert.iin
parliaments, of refilling to register the e
diftsof the monarch, however in praftice
it might operate as an cbftrudiion to le
gidaticn, was .is theJheory only a matter
of form, ot at mod but a temporary ceck
upon.the executive.power. In oligar.
chies, the legiflatitx pov-'er is veded in the
rich and noble, and in ariftoeracies, in
a few individua's svhu are prtfumed to
be the heft in the community. In go
ve-.T.ir.eriu cf the democratic -form, this
power refries in the great body of tht
people and is exercifjd by themselves or
th*ir reprefen.a ive. The hafe of the
tempft of Ainrriran liberty is democracy
or the-fover egniy or the people ; rep re
futation and conftl.ration are the prin
cipvl pi'lars which support the great fu
pertbmftute,• As the.date governments
are unquetlionably reprefenta'ive demo
erne’es, the gensr.d government is a rc
prcfenlattve federal repubue. In every
government of the reprefrntative form,
thj r-p -fentatives of the people are
veiled with power to pledge the public
faith, and toaiitK-afe the vacant tcirituiy
of tire nation. Were the members cf
the legiflrture of Georgia, in 1795, in
veiled with this authority ? C rtaiu'y it
was within the (phere of til-fe con(l:tu
tionai rights ami powers, which had never
been furrender*j to the general govern
ment. Vv’e have (incc reco:;nifc-d. tß t i
j authority receiving a tolrmn j.-ci, oil
1 cefiion ot the territory, from a fubicqueut I
j leghlature of Georgia transferring to u> ;
not oulj- the foil, but the right of juul
] diet on. Was this au.hority ’exereilvd
tn ?j,J. In th. z.i r.c iue
of l.'rat date of the 7ii oi J i.iuary i .
tnat ytar, gran mg this'terricory to thoi.
from whom the prrf'nt cLunauti derive
tlietr claims, certa n ,ards are Uctcrioe.
and it is e..acted tn; t thus ia- .1s jb -.-/ o.
tolJ to such and (uc.i p,r:uris <;r ler.nantt
incorin.on 111 ln l a joint .to- n.t. Ti
laud lira 1 1 besot , or 111 other words, tin
rig. tof so, tha i beahrnated. A pro
per d-dlrftion . r.-trau n.-ru the Jem
tuj.n uti.'e a..d the I Jo ... an dm :lum ui
die ci.ilians. No tra:K r a
tli. right of juvilY.ittiuii a’ h• b iu TANARUS,
immaginary transf.r form? a protuincnl
■rticle in the rcafon* r'tigncd by the
>idaturecf { 795 for palling the r< cifnding
.ft From t'rts vvw of he fulj cti
whatever maV be tl e prefect lEtr m q
question of IcgaS title, wliu can doubt that
Ihe present ciain.aiiti, iioi.ed p*.tr< •-..( rs
j 11 i ni the o.igiiial gs i.itces, upon ti.e 1
,of mi independant date, and innocrnt i
• tr. ud, it rrapd rxilied, poUcis iueh Cwh,
j of title, 1- h an equitable <laim a*, ’o
’ render itp’-ud'*nt and politic to enter into
j a promilc with them upon reat-<nahlq
I r.enns ?
Were the members of the legiflatuic
cf Georgia in t / ?''>, invelled v.-i.li the
conltitutigs-a! power of rescinding the
afts or tpeir predtetliurs in reiut.oll u>
such iae, ana did they rescind them ?
Cungrcfi is incompetent to the dcci
d<>n of this quetdion. fs’or is such deci.
lion neppffary. I will however make
j t>i ; e or two enquires, and date one ct
I two principle,-. which are applicable to
, the fubjeft, a inch at the fame time
tgc to and, j.itUten the ground I have *.jf.
ken us to color oi title itt the claimants,
‘a• -ft the policy of extinguidung thtir
j claims.
1 Can a ieg:3atiire rrfjind a contrast
mad - Ly its predcceflors J
VVriferson national law make a r’if
jtmaion between laws which operate in
the nature of contrsfts, ar.d those which
! have r.o such operation. Every enlight-
I cued and realonable rr.an will fublcnhc
| to the opinion that a pledge of the pub
lic faith, given by the competent autho—
ruy, ought to be irrevocable.
which pledge the faith cf tbs commu
jniiy, which create cortrafts, wflich veil
[rights in individuals or in corporate bo.
I dies, it m?.y fafriy be affutned as a ge
j ueiai principle, are irrepealable. Laws
[of merely trunicipal operation are site
’ rabie or rcpealable at the pleas-re of th*
; exiding legiflatuye.
Can the judicial Jowrr declare a le
j giflative act void as having been passed
I by means of coriuption ?
| Different opinions have existed in our
; country as to the right claimed by ths
•judiciary of deciding upon the conßi u-
Jtionaiityof laws- The better opinion
i seems to be, that from the nature of out
! govern nent, aud the very terms of the
j coaffitutiou hi elf, by which that inftru*
i ment i.> declared to be the supreme laty
jof the land, the judges not only ought
to cxcrcife that power, but that they
cannot avoiJ its sxercife. If lam not
mistaken, fome.gentletnen who deny that
the judges possess this right, are prepa
red to in veil them with the more dange
rous one of letting aside a legislative act
on the ground cf corruption. To adm't
that tile judiciary may examine into the
motives of the legislature in palling laws,
or that they may receive arid decide up
on evidence tending to prove corruption
in the legifiaiive body, would certainly
be going much farther than thole have
gone who have claimed for that depart
ment the right of deciding upon the coif,
ftitutionality of laws. Suppose a trial
of title between a person claiming un
der the aft of Georgia of 1795, and an
other claiming finder the aft of the Uni
ted States, and suppose evidence offered
to the court to prove the corruption of
the legillature of Georgia, in what pecu
liar fituntiou would the ju ges he placed i
i\i)d would they lilten for a moment .to
an application for the admiflion of such
evidence? It may wed'be doubted. Do
not then the present claimants poffc-fs a
very strong color of title i I? it not pru
dent to extinguish claims of this des
cription. ?
Were claims or the pretended claims
of the prefer.t claimants in any manner
reeognifed by the atd of celQon of the
territory in quellion from Georgia to the
United tateu ? And
Do jufticeand policy, or either jullice
jor policy, require that the whole or any
jpart of the five millions of acres, rtferved
jby the acl of cession from Georgia to
j the United States, for the purpofc or
Satisfying claims of a cotain defcriptioi
again 11 Georgia, in reference to the said
territory, should be appropriated for the
purpose ot fatisfying the claims of the
present claimants ?
I have anticipated the principal argu
ments in favor of the equity of thr claims,
and the policy of a cOinpromife wi'h
th* claimants.—The memoriahlts Hate
that their claims were particular y con
templated by the commtffi iners, both o
the U nited States and of Georgia Tin*
have offered us no evidence of this fact,
and we are not to take it for grant -1.
Indeed I am fa: from thinking it my du
ty either to advocate or anftVcr t!ie r pa r>
phiet of the memorialifts, and X * fha i
make but this finale allusion to it. What
ever may be its merits, it has had no in
flu encc upon my rnind in forming wy
opinion. An examination of the offi
cial documents upon our tables will c
vince, however, that by a v-y ftrorg
implication, if not by expr-.fs provifmns,
iditfe claims have been recogt*\ieJ, both;
*>y the ?_t .f c-flion, and by ti.e law pf*
Congtkfs paiTeii in -onUqiknce. The
firfl condition of the firtl article of agree,
ment and ceffijn, provides for the prv
aunt of one million two hundred and
idly tlioufaiid dollars .to the (fate ('.*(
s-r out of uk firfl nett p'ooeeds
die Lies of the lands then ceded; t< v
ircond provides for certain Brit a V
duanifh grants ; and the third is >s *f. I
low- • “ Tnat ail the lan ts ceued.tj
:tii3 agreement to the U.iit.d gtatei
hall, after fat;sfy" , g’ the above ment; ‘ll
dpavmtnt of one million two Lunfits
.mi fifty .Li cidi. - dollars to the liatt vl
Georgia, and the gra ts -ecogn :r “d tfl
.re preceding condition, oe cu:.!:U n