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; BLANKS
, CAM ME HAD AT itiUS OffiCS*
ATHENS, THURSDAY, MAY 12, lßi4.
Canorestfionaf. _
HOUSE Or REPKEIENTATIVt 9.
MR. TROUP'S SPEECH
~ e.v Tas TAZQO BILL*
IP. i • ’ • f ] •• .• • , ‘ y• ? •
Mr. TaotiVsaid he rose With great
reluctance to move to reject the bijl.
thfcre worp only two considerations
which could induce him to depart
from ,tht ? respect due -to another
branch of the legislature / either that
a measure emanating from it was un
constitutional or corrupt—lt Was be
cause this measure had its origin in
corruption* hd moved to reject the
bill. 1 When vi say,: sir,that .this
measure has its origin in corruption,
f do not mean to he understood as
charging corruption on the senate
ill I mean to be understood as says
ng, is* that this measure flows from
corruption, as a stream flows from
its source : it flows from* the .cor,
f ipt act of the legislature of Gfeor
gta, of IT9S. The bill pronoses to
give jive millions of du it s ,to the
Claimants. The Yazoo legist
iature.sold for five hundred thousand
dollars—Georgia sold to the United
States for one piillion two hundred
and fifty thousand dollars only, and
we now propose to give five millions
to the claimants to compromise their
claim.,. Ho# will we be sible to ac
count for this.?. ( How will posterity
be able toaccbuht for it 1, * Posterity
will say that these clai mants, like the
gods of t Milton, carried themoun
tains :in theirjUnjds*, and wielding
the fifty millions of .acres under the
decision of the supreme court,, have
carried every thing before them. . ,
You know the history, ofthis trans*
ctioo, sir. On the 7th of. January ;
1795, the legislature of Georgiy sold
to certain individuals, called the ori
ginal grantees, fifty millions of acres
of land for five hundred thousand
dollars—every member who voted
for the law except one, whose name
does not appear,, was bribed and cor
rupted. that is to say,, was interested
in, and a party to the purchase.—
Jn the 13th of February, 1796, the
subsequent legislature declared the
corrupt act null and vqid ; ordered
the record to be burnt, and authoris
ed the grantees to withdraw the pur
chase money. The conventipn of
the whole people soon after confirm*
ed the rescinding act. On the same
day, that is to say on the 13th Feb
ruary, 1796, the Yazoo claimants
purchased from the original gran
tee*.., /The claimants Say that they
are innocent purchasers, without no
tice of the corruption—that an estate
vested notwithstanding the corrup
tion* aiid that they have a good title
against you. It may,be well to ob
serve here that .1 fie claimants have
constantly shifted ,tlseir, ground.—At
first they insisted .that the Ya?<>o act
of 1795. was a fair add honest act of
legislation. , As soon, however, as
the report.; of your, commissioners,
which exhibited the frapd in its na
kedness, drove th©m from this ground
—they, insisted on, the innocency of
their .purchase/; priven from this
ground, ..they throw themselves on
your mercy f1 .. ; P0 not believe, .sir,
that the corruption in which, thfo
transaction, was engendered a
corruption of any ordinary character;
it was a. corruption without example
in history; it may never find a par*
aflei.. Not merely were the. cors
rupted corrupted by-the
the corruptors cheated the corrupt
ed f the porruptors .cheated ope ano
ther, and the corruptors, as they say,
cheated these claimants. The mem
bers. of the legislature were bribed
with find and. money ; in some in
stances the member gave hirs vote,
and the corruptor withheld the bribe j
the member went home—he.had lost
his character—he had lost his bribe,
and he . died broken hearted in the
bosom of his family? When the ; re-.
sanding legislature, in 4 spirit of li
berality which becaihe them, decreed
that the original grantees might
’ withdraw the purchase money, op
producing certain evidence .pf ,tlicir
having made the deposit—such a
scene of fraud, iniquity and depravi
ty was exhibited, that the
familiar as’ he had .been with such,
scenes but a short time before, blush
ed, and shut the doors of the treasu
ry against them. Men concerned m.
this transaction, but who had not de
posted one dollar, by perjury, forge
ry, or some other crime, drew
aands from the treasury ; those of
lhe speculators wuo had atiuftUy
- *
paid the money,-. thus defraud
ed by. tbeir brethren*; *o>n>the iOtim*
hand r - some pf the original grantees
alledged ! that they were .cheated by
these claimants—that the claimants
gave'.them: paper i for .their land,
which paper turned out good for no
thing/, r Thus* sir v you see this, Yazoo
transaction is a,circle of fraud. * Jt
no doubt had a beginning*. butitJs
certainly without end* unless you con
summate it by this measure. > r.
> As good fortune ill ‘have it, Mr*
Speaker, ? this is pne of the plainest
cases that can presented .to*the un
derstanding.;*. The
have: acclaim, or they have
they have a claim you may /compro
mise a claim ;• jf Ahey i*ave .no claim
you cannot compromise a claim.—ls
they have a; claim* it. isa. claim to
50 millions of acres
ought to give it to them, and say no
more * aboutit.»; mCould. yoii ~en-»
tertain a th ought fop one moment to
avail yourself of your power.to do
wrong and injustice to these impo*
tent individuals. ...Purely no man car.
have ..the, hardihood to say that the
magnitude -of. the . claim ! ought to
weigh one tittle in the.scale of jus
tipe*; .The claimants either have a
title to. 50. millions of or they
have ;noi. a title to a square foot.—
4owdo thdy derive title ?, Frqm tne
original grantee v-n How do : the on*
ginal grantees derive title ? From
the--Yazoo legislature of ’95- 1 (Their
title! therefore i must depend on the
validity or invalidity of the Yazoo act
of the legislature of Georgia—it can
depend on nothing else. If theYa
zoo act was a good and valid act-*»an
estate vested in the original gran
tees ; the grantees passed the estate
to these claimants, and the claimants
l>ave a good title against you., If the
Yazoo act Was a mill and void act, no
estate vested .in, the original gran
tees; if no estate vested; in the ori
ginal grantees, they could pass none
so these claimants, and if, no : estate
passed to these claimants, .on what
pretence can .they set up a title a*
gainst you l ‘/Ate the congress of
the United States prepared to say
that the Yazoo act, notwithstanding
the corruption of thfe representatives
of the people, was a good and valid
act ? Fhat it divested *nr , public
property out of the people, and vest*
ed it in the grantees i Are the con
gress of the United, States, prepared
to say, that the representatives of ,a
virtuous people may fraudulently and
corruptly betray ; that, people aud
barter their rights, and that the peo»
pie are without remedy— that an es
tate did vest by the Yazoo act which
could not be divested by any subse*
qutnt act ?, Sir, it is
This doctrine is too monstrous to be
entertained, by a moral people, who
love liberty—it at all virtue,
at all morality—it overturns republi
can government. \ You cannot, yot*
dare not, sanctify this doctrine*. If
you dare, one .of ..two things must
happen ; the people are jjfeady. to ap
prove it, or they are . not. r If they
are, they have lost their virtue, and
we must seek shelter under despo,
tism—if they, are not,, you will go
out, and other., men will come in.—
Not the t gentlemen on , the other
side , of the bouse ;, they nev£j* can
come ip—men will ccnrie in who. will
discountenance corruption,, cherish
virtue and preserve,,the principles of
the government, pure and uncorrup*-,
ed., I. address rayseff to thp re pub?
lican party ;; let them remember how
the# .Came into ppwer* . The fpder*
ralista. had been, charged with.mot
parchical ettaphmenta,; with cherish
ing corrupt principles., ITne peopl<j
believed it. , They said the govern
ments. was not safe, ip such hands—
they turnedi.tbem out* You succeed- j
pd ?; The people said to you—take
this sacred tru*t* Do your duty
faithfully ; . preserve the principles
of this . happy government pure and
uncorrupted,. and be ready to hand
it ovqr to your successors whenever
you shall be required, more pure &
uncorrupted than when you received
it. Will you do so whsn you nave
decreed, tnat the representative* of
the people may corruptly, .divest the
estate of the people. 4> That corrup
tion may betray the people, and that
they arc without remedy,*. Vet sir,
this you must, do tnc moment you.
decide to compromise mis claim.—
iiut you have no reason, no motive,,
no apology, for thus deciding* I
will take away from every unpreju
diced man in the country every pre
text, every apology, lor co.gp.Mmis
ihg this claim. Imss* . ha. tnc la
s zoo leflulaturc h&u no
power to sell the land; , r
1: i 2nd.» 1 hat if they had constituti
onal j power- to sell ►’ they could not
sell fraudulently and,corruj#ly.
i, 3d* That if,-, (notwithstanding: the
fraud.,and <corruptif>n ; an .estate.did
vest in tbt.oniginal grafltees,.acco'd-
toithe derision of tht &upteme
courts these cla»fti«ntH .leaving notice
of tthe fraud, .a*re parties.. ; to .it, and
without title in. Jaw or»equity,V.
}i f Ist.,.l.contend.that ithe .legislature
had no constitution4l power,to.at 11.
v c ‘i here,,is ,no;.power given in ihu
constitution of Georgia and without
an express gityitxtif.power;; the Iriris
lature cannot possess it. s Tins i. the
dbetrine distinctly, clearly anti una
nimously: maintained by the writers
on - public . laWi« The. reasons on
whjLch it is founded ,are distinctly gi*
yen. . ,The people are seized, collec
tively, and individually., of the public
territory—it, cannot. be taken front
them jvi.houtj their,express consent
-consent snail not be implied. , Ist.
Because the power,to: sell the public
domain i» not a power incidental, or.
necessary to the power of legisla
tion.-*'. ‘4 ’ «> , » >.> .
i 2uly. Because it is tpo important
a power to oe derived by implication
or construction. Not only is this the
universal doctrine of the publicise
of QrotiuSv. Puffcndort, Yuttel.. Bur
lemaquie s ehd others; but, it.it. the
doctrine,* to-,.which all .our. political
institutions,have,conformed, in the,
constitution .of the United States as
vtfell as the constitutions of the states
yqp,see the doctrine clearly recog
nised* i In the constitutiotuof tne U.
States it is said,,* fc Uongre-ss shall. .ay*;
power.) to. dispose of and make all
iieedfuj roles .and r.eguluthuisxon-
Cerning. . the, v public property-wiiy
was., this power, expressly,granted f >
beqatise the convention, knew t»ut if
not expressly,granted it cpuld.not.btt
derived ,by,implication or construe
tion.(:So in the .state.cbnstitutions
the-, - doctrine is recogmzco *‘ I e
power to dispose of. the public do
main bein ‘; inthr people, ea rn 4 be
taken front them i without their con
sent.”— 1* know it .may be said that
there , is,a difference between the \J 9
States and state constitutions, in thw
charade* of their powers—that in
the U«T Steles constitutions. ( all pow
ers jnot.delegated are reserved—that
in the state .constitution all po v.- ‘S
are delegated but those .which a ref
reserved* This is true, but by all
fawers is meant only all ordinary
powers, ell powers that are essential
or necessary or incidental to the ge*
neral,power of legpdation, ~<x{.ra7r£h«
nary powers, powers not essential tci
the general power of legislation are f
eyen,_in the .states,, retained by tber
people and cannot he divested oui o£
them but with their express constant*
Thitfpower to dispose of the publiq
domain is extraordinary power ;
for say the. publicists ohe and all,
this power, is so essentially in the,
people, that evein under the violent,
governments,of Europe, the despot
has. no power to dispose of the pub*,
lit domain, without the express con
sent of thq people . * I tjo it will
be said that, the state legislatures*
have in some instances, disposed o£
the. public property without an, ex
press. grant of. power tp it.
I answer that in every.such instance
the, legislature.was guilty, of xti&yr
pation, and the people not
that if the. people pleased to yield a
tacit acquiescence,, well and good—
they did so because their attention
had not: been called to the.usurpation .
by sl flagrant and palpably Corrup
tion—but will you believe.that if in
any such instance the usurpation had„
been coupled vfrith-a notorious cor
ruption of .theif representatives, ihat*
they would not have resisted—]that
they would not have risen in pv.ss»
as did the people qC Georgia* i£o put.
down the corruption andmtb?
people ...who .wpul4 2
must h>ve lost, their virtue and., evil
ready for a tyrant—l, say .tber lprtt»
the ‘ azoo legislature of GjeoTgj-s. had.
not power to sell the public proper
ty* .Jp ; . *
But if the legislature.ha3.Cofs.ti*
tutional ;power to sell n it
sell, fraudulenly and do
you ask prpof of tfiis—fraud and
corruption vitiate evjery act* render
it null and void ab inttio ,
bo obligation can *.gto w .out of it.—
The powers. granted bjjf. the people
to their legislature*, are granted in
confidence that they “ill be fairly
and honestly qxeici&et. What think
you of the dcclaruti of a constitu
tion. * the . powers itin
• snaU be houesUyc^^bnj^^
NO XIII
\ 1