Newspaper Page Text
you not consider siujh a declaration
ridiculous, and ridiculous because
superfluous? Isnottht implication
as strong as any expression could be,
that every fraudulent act of legisla
tion \% merely void ? Suppose tt were
w itten in any constitution ‘*the le
gislature shall hrve nopiwer fraud
u!"Ot!v and corruptly to betray the
people,* would you not consider this
ridiculous* and ridiculous because
Superfluous? Suppose it were written
in any constitution * the legislature
ehall hav/e power fraudulently and
corruptly to sell the public property,”
would not such a grant of power be
merely void, though proceeding from
the hi hest human authority the peo
ple themselves ? And why void? Be
cause repugnant tq the laws of God
and nature. Nay, sir, I go farther.
1 sir the great God of heaven him
self could confer no such power—-if
the great God of heaven were to de
cree *• the legislature shall have pow
er fraudulently and corruptly to sell
|he public propertythe decree
would he merely void, because incon
sistent wi'«h his holy attributes- And
yet, sir. the senate require of us to
do that which the God of heaven
hims. If cannot do-*-’cgalise fraud
and deception—they require us to
declare that notwithstanding the
fraud and corruption of the Georgia
legislature, an estate did vest in the
original grantees which it was com
petent to the grantees to transfer to
the claimants, that the claimants
have a title against *you, and that to
relinquish that title we must give
them 5 millions of dollars* This is
making war upon the people with a
vengeance. To talk of the rights of
th~ people after this, is insult and
mockery. But why is it that the
corrupt act of the > representative’ is
not binding on the people ? For this
pi in reason—the corruption of the
representative must precede the cor *
ruot act ; the moment the represen
ta.tiye.ls corrupted the moment he
has betrayed his constituents, all ties
and connexion between them are dis
solved and he is no more capable of
binding them than the merest stran
ger. Anv other doctrine makes a .
republican government a farce—
makes moralitv and religion an idle
tiound. If corruption can divest the
estate of the people, it can do any
o»oei- act—ir can legalize murder,
robbery, treason—it can give univer
sal license to crimes. I. say there
for*. that if the legislature of Geo -
gin had constitutional power to sell
ft couH not sell fraudulently and cor
ruptly. The Yazoo act was mere
ly void and the rescinding act
which declared it so was only form,
the neo vte were in possession, con
tinued in possession, and were not
divestedbv it.
Sdlv. I's, notwithstanding the fraud
and corruption, an est ate did vest in
the grantees, yet the claimants having
notice of the fraud, are. according to
the decision of the supreme court it
self, guiltv purchaser’s, without claim
or shadow of cliim —I say, sir* the
<rd fun ants Had notice. Let it be re
in-mbered. Mr. ‘ Speaker that our
government differs from all other
govern nents in this singular but val
uable characteristic—4t is limited by
written constitutions In other coun
tries it is said the acts or the g-ants
of the government speak for the a*
s -Ives—motiving shall be admitted to
contradict them. Not so in our
country, every act or of the
government must be consistent with
the written constitution. Every man
is presumed to carry the constitution
in his hand or in’his pocket, that he
may at all linUsbe ready to compare
the arts of government with the
constitution. If the claimants had
done this, if they had compared the
Yazoo act with the constitution of
Georgia* they would have found no
power in the
ing the legislature to sell, and this
circumstance alone would have put
them irmn their guard— it leapt this
wou-d have been the effect, on all
tat onal and pm dent men.
But there was cause of suspicion
on ‘-be virv face of the act itself—
The legislature sold fifty million of
acres of as. fine a country as any on
the globe for five hundred thousand
dollars. Would not prudent men
looking at this single fact, have en
quired how .comes this ? . Would not
prudent men about to embark in
sp portion so enormous, have thok
it worth their while to send an agent
from Boston to Georgia, to scruti
nize and investigate the merits of
this transaction. But*, sir* these are
circumstances to excite- suspicion
onlv. The people of Georgia them
s Ives gave to the claimantsO.be most
pro no direct and unexceptionable
notice, iiemember that more than ’
a year elapsed between the passage
of the Yazoo act anti the purchase by
the claimants. lhe events which
followed the passage of the Yazoo
a t portended a .revolution in Geor
gia.’ as terrible and as bloody as the
r t v-notion o( Paris or of La Vende.
If the chum ants had lived in the fur
tnei^Lima— they had lived in thr
Ol athe Pacific ocean, they
Id nave received uouce oc-
fWrs th?r piirchn*<?d. S tv*'* » Mis tli?
Yiioa act r ) 4 *5:4 th; trys’ ‘*ire
wnea the w’i >le country wi* in a
ferment. Tie great bily of the p±o
pie, ir.!io. unlike their reixrcsenti
tives, remiinei uncorrupted an 1
faithful to tiem selves were every
where in motion to counteract the
projects of toe traitor*. Their grand
juries md committees every” where
denounced the act an usurpation,
called upon the country to assert its
rights and put down the corruption
and the corrupted. General Jackson
—sir, I cannot think of gen. Jackson
without speaking of him-as a man
.of rare patriotism and integrity—a
man who, if he had lived in the days
of Rome’s greatness, or rather of
Rome’s virtue, would have had his
bust in the capitol. I speak of him
thus, because hts memory is inti
mately connected wi.h this transac
tion, he was the only man I ever did
know who was at all times ready to
lay down his life, to sacrifice his wife
and children and his fortune to his
country. Gen. Jackson was then
a senator in congress at Philadel
phia—he was called by the people of
Georgia r publicly called, from his
seat in congress, to aid in rescinding
the usurped act—he obeyed. The
address of the people and his answer
were published in all the newspa
pers of the day. A man named
Thomas, one of the corrupted sena*
tors, was murdered in his own houses
that he together with his testimony
[for he bore witness to the corrup
tion and threatened to confess] might
be consigned to oblivion. By some
it was said the speculators murdered
him, by others that the indignant
constituents had’ done the deed.—
.The truth ib that the greatest efforts
were necessary to restrain the peo
ple from acts of violence. Now, sir
all these things were done, not in
secret to deceive the innocent pur
chasers of Nevv-England—they were
done publicly and in the face of day
—they, were published in all the
newspapers of the time, from Boston
to Savannah—and yet these things
were to the innocent purchasers of
New England, as if they had never
been. Yes, sir, if you believe the
claimants, they were as ignorant of
them as the people of Grim Tartary.
They tell you they never read news
papers. The mail running weekly
between Boston and Savannah—the
coasting trade opdn, and yet the
claimants are innocent purchasers,
for one whole year they heard not a
word ot what was passing in Geor
gia. It the mails had been stopped,
»i the coasting trade had been inter
acted* if all communication had been
i utoif, this plea of ignorance might
wave oeen set up. In the then state
of intercourse of the civilized world
if the claimants had lived in Batavia,
they would have had notice long be
fore they purchased.
But mere is another evidence of notice’ still
moie conclusive. On the 17th ofr February
1/yd, thai is to say six weeks after the passage
oi the Yazoo act, general Washington sent
to congress a public message of the following
effect ; * 4 l have received copies of two acts
of me legislature of Georgia, one passed on
the 2dm of December, the other on the I7th
January last, for tne appropriating and selling
tne Indian lands witmn the territorial limits
claimed by that state. These copies though
hot officially certnied, have been transmitted
to me in such a manner as to leave no room
to doubt their authenticity. These acts em
brace an object of such magnitude, and in
their consequences may deeply affect the
peace and welfare of the U. States, that I
have thought it necessary now to lay them
before congress.”
Here then was notice toail the world,-notice
at least that something, was wrong, Gen.
Washington, from the elevation of his office,
standing as it were on the top of Mount Sinai,
with an angel voice, reaching the extremities
of the earth, proclaimed, Bewared A more
distinct, audible, universal notice, could not
have been giveiv.to all mankind. The claim
ants heeded no more the warning, of. Gen.
Washingtonthan they did.the barking of a
pluce. Congress referred the message to a
committee. The committee reported a reso
lution and bill authorising the executive to ex
tinguish the title of Georgia to the country in
question. With the Yazoo act before them,
the commute clid not design to speak of the
*aie to the claimants, but treating the Yazoo
act as null ana void, proceeded to treat with
Georgia, for tne extinguishment of her title,
The claimants say they never heard of the
proclamation of General Washington. They
never read newspapers.
But this is not all —the claimants stand con
victed under their own. bauds and seals; they
are guilty purchasers in the face of their own
title deed. Not only did their title deed not
contain a general warranty in their favor—
it contained an express stipulation, that in
no event would they, the claimants, gp back
upon the grantees from whom they purchas
ed, for even the consideration money, on ac
count of any defect in their title. Under •
i heir own hands and seals did the claimants
covenant and agree that the grantees of whom
they bought should not be liable to refund the
purchase money if the tide turned out defec
tive edr, this is. a fact so extraordinary and
incredible, that if it were not recorded on ihe
/itte deed itself, I. would hesitate to declare it.
It unexampled in transactions between man
and man—Do you not see but for this, the
claimants would have resorted to the ori
ginal grantees for their.purshase money, w ith
interest and damages—that is to say, they
would hav. resorted to the same remedy as
all other men do under’ like circumstances
in every country—they would have recover
ed tneir purchase money and paid for a con
sideration, which had failed, for a title*which
had proven defective, with interest and dam
age* — l hey would, in fact, have had all the
remedy to which innocent purchasers, without
notice, are entitled %>y the laws of every coun
try. £u: they precluded themselves, by their
own act and duel. and because they have
lone so, a~e we bm 4 to iudem »‘>Fv r hem ?
r hey h iv; as much r.g i*b appl* 9 the em
peror of China iu? here is an >*h£r T-tc*
she rescinding legisla ure me* in »he begin
ning »f Jan ‘96 —the claimants purchased on
the I3'h of Febrjary, *:J6—>n He pntng of
the legid i ure, the preparatory mo ion was
made to re->ctnd the u-u» ted acr; the claim*
ans, therefore, had si< weeKS o inform
‘hemselves of wha wasdai g and w «ar was
about *o be done in tne Ge >rgia legislature,
before they purchased, Bu here ts ano her
fact, which ought to be conclude on this
point—a gentleman from. Adas .achusetts, ma
ny years a member of tins house, resident in
the neighborh iod of Boston, uniformly de
clared they had notice; that gentleman, res
[ pec:able for his good sense and integrity, in
timately acquainted with the parties, con
stantly passing to and from Boston, perfectly
familiar with the circumstances of the pur
chase, constantly affirmed that he was him
self knowing to the corruption of the Georgia
legislature «the date of purchase, and
the claimants, were as knowing to it as him
self. Here then, is the teitimony of a dis
interested man. You oppose to it the decla
rations of interested claimants. The truth is,
the claimants had knowledge of the fraud.
Like other speculators, they bought to sell
again—*>l they wanted was the wax and the
parchment.—They cared not a straw for any
thing else —for fraud or corruption, or de
fect of title, if it answered the pprpose of
the grantees, it would answer the purpose of
the claimants—the claimants took the title
deed for better for* worse, and if they had
not known that congress might be teized and
worried out of any thing, they never would
have had the effrontery to set up a claim a
gasnst you.
Bat it has been said the commissioners re
ported in favor of a compromise. Whar
does this amount to 1 no more than a report
of a committee of the house, which you res
pect only its merits may entitle it to res
pect The commissioners investigated the
claims—laid before you in all its nakedness the
fraud and corruption, from beginning to end,
and came to the conclusion which no man of
common sense could avoid, that the claimants
had no title whatsoever. Here, sir, the com
missioners ought to have stopped—but, strange
, to say, they suggested to congress the expe
diency of a compromise. What, you ask, is
it possible that such men as Mr. Madison,
Mr. Gallati--, and Mr. Lincoln, should have
followed up such a conclusion by such a
suggestion. No title, snd yet recommend the
compromise of a title ! Never were two pro
positions more inconsistent. You-will say
there must have been some reason for this. I
will tell you the reason : it was the same rea
son which operated on the tenth congress to
surrender the embargo—the clamor of a for
midable party. The commissioners were sur
rounded by a host of claimants, as- we are
now ; they found them a troublesome set,
growing every day stronger and stronger.
They yielded—they said, though they have
no title, yon had better give them money and
send them about their business.—This is all
that can be said now.
But it has been alleged, that the U. States
have engaged to compromise—Not so —The
U. States are as free to compromise or not to
compromise, as if nothing had been said or
done upon the subject. It is said the U. S.
are bound tocompromisc, because 5 millions
were set apart by the articles of agreement
and cession, for the indemnification of these
and other claims. True* But on condition
only, that congress should, upon an investiga
tion of the merits of the claims, believe that
in right and just ice, they ought to be compen.
sated. The history of this part of the busi
ness is simply this—When the commissioners
of the U. States and of Georgia were rtegoci
ating the terms of purchase of the Mississippi
, territory, the claimants got about them, and
fyirrassed them with incessant importunity
The commissioners of the U. States said to the
commissioners on the part of Georgia, you see
how we are embarrassed by these claimants—
will it not be better to quiet them, by making a
reservation in their favor? Never! indignant
1/answered the Georgia commissioners—we
will never consent to compromise the infamous
! corruption. But, said the commissioners of
r the U. States, will you not agree to make a
conditional reservation, leaving it to the U.
States to make them compensation'l, or not,
upon an. investigation of the merits of their
claim—to this the commissioners of Georgia
could have no objections ; it was a matter for
the U. States. They did object, however, to
give any pledge whatsoever to compromise the
” claim.—Nay, more, they insisted that if con
gress did not within a year, set apart the 5-
millions of acres, it should never be in the pow
er of congress to compensate them at all, un
der any circumstances. The commissioners
on the part of Georgia said to the commission
ers of the U. States, if the U States choose,
at any time, to compromise this corruption, we
cannot-help it, we will never give our sanction
or countenance to it, because, we believe the
claim unfounded in right, justice or mor
ality—if you, upon investigation, shall think
otherwise, here are the 5 millions of acres set
apart, out of which you may compensate—if
you can ever in foro conscientiae consent to
compromise this corruption, be the shame and
scandal of it upon you The U. States did
accordingly within 1 year set apart the 5 mil
lions of acres to compensate this and- other
claims, but upon the same condition and in the
same words as the articles of agreement & ces
sion—that is to say, upon condition that the U.
States, upon an investigation of the merits of
the claims^.should determine they were foun
ded in right and justice. The question is now
as it has always been—are the claims founded
in right and justice ?
But to remove every impression that theU
States are pledged in the remotest degree, 1
refer you to Mr. Gallatin himself, and to the
report of a committee of the house, at the last
session. Mr. Gallatin, in a letter addressed to
Mr. Dana, the chairman of the Yazoo com
mittee, dated 9th jan. 1805, says,(speaking of
the object of the reservation of the 5 millions)
“to leave it in their power to compromise
with that description of claimants, bv flow
ing so much of the surplus of 5 millions of
acres as they might think proper, without, at
the same time, pledging government to enter
into a compromise, if'ujion a full view of all
the circumstances oft he case, adilferent course
was thought more eligible.*'—Thus, you see,
according to Mr. Gallatin, the U. States are
at perfect liberty to compromise or not, at
their discretion, as if ho articles of agreement
and cession had ever been eni* red into—as if
no law hpid ever been passed setting apart tne
5 millions, of acres. Your committee ap
pointed on.this subject at the last session of
the tast congress, say the same thing—Their
language isj congress is no bound to com
promise, if, upon art : nvestiga£iott of the mer
its of the'Claims, they shall be found unsup
ported by right and justice ** The assertion,
therefore, that ;ue government is pledged, i* a
mere prate*?, as is every reason assigned for
the compromise
Hue, ir is contended that the supreme court ,
have decided m favor of the claimants and a
gainst the U S —that it is better to give up
a part than to lose the whole. Sir, there is no
danger •< f our losing the whole or part, if v e
wilt do otir duty to ourselves and to the coun
try The supreme court cannot decide the
rights of the U. States in a case to which the
U. States not only were not a party, but to
which they cannot by any constitutional possi
bil«'\ be a party without their consent. The
c ise of Fletcher and Peck was a decision of a
feigned issue, made up between two specula
tors, to decide cerain points, in the decision of
which they were interested. Will any man
in his senses say that the right of the U. ,S.
to the public property could be affected by
such decision. This doctrine is almost as
shocking as the other docirine set up in sup
port of the compromise. The representatives
of the people may betray the people, and the
people are without remedy. I trust, sir, that
neither the one or other will be countenanced
by you-but that you will, without hesitation,
reject the bill. * Whenever it is conceded that
it is competent to the supreme ccurt, in a case
between A. 8c B. to take from theU. States
50 millions of acres of land, it wii! he time
for the government to make a voluntary sur
render of the public property to whosoever
will have it. The public-property would be
nothing but an expense, an incumbrance,
which it would be profitable to shake off with
as little delay as possible. No, sir, the gov
ernment is the guardian, the trustee, of the
public, property. Like all governments, they
must cf necessity determine their own rights
of property ; and if ‘hey remain faithful to
those rights, all the decisons of all the judi
cial tribunals under Heaven cannot deprive
you of a square acre of the publicland. But,
sir. lam and disgusted with this sub
ject. I hope the bill will be rejected.
Tlie following is a detailed account
,*of General Jackson’s late battle with
the Indians,
F6rt Williams , Marrh 51, 1814*.
His Excellency Willie Blount.
SIR—I am just returned from the
expedition which I advised you in
my last I was about to make to the
Tallapoose/ and hasten to acquaint
you with the good fortune which at*
tended it.
I took up the lirte of March from
this place on the morning of the
24th inst. and having opened a pas
sage of fifty-two and a half ini Its o
ver the ridges which divide the wa
ters of the two rivers, I reached the
bend of the Tallapoose, 2 miles be
yond where I had the engagement o»
the 22d ) of January, and at the
southern extremity of Ntw-Yotica,
on the morning of the 27th. This
bend resembles, in its ctirViture, that
of a horse shoe, and is thence called
by that nanrie* among the whites.—
Nature furnishes lew situations as
eligible for defence s and barbarians
have never rendered one more se
cure by art. Across the neck of
land which leads into it from the
north, they had erected a breast
work, of the greatest compactness
and strength from five to eight feet
high, and prepared with double rows
of port holes very artfully arranged.
Ihe figure of this wall, manifested
no less skill in the projectors of it,
than its construction : an army
could not approach it without being
exposed to a double and cross fire
from the enemy, .who lay in perfect
security behind it*- The area of this
Peninsula,, thus bounded by breast
works, includes, I conjecture, eighty
or an hundred acres. .
In this bend the warriors from-
Oakfuskee, Ochaya,* New-Youca,
Hillabees,* the Fish Ponds, and Eu
faula towns, apprized, of* our ap
proach* had collected their strength.
The exact number cannot be ascer
tained ; it is said by the prisoners
we have taken, to have been 1000.
It is certain they were very nume
rous ; and that, relying with the ut
most confidence upon their strength
—their situation—and the assurances
of their prophets, they calculated on
repulsing us with great ease.
Early on* the morning of the 2.7 th
having encamped the preceding night
at the distance of 6 miles from them,
I detached Gen*/ Coffee with the
mounted men, and nearly the whole
of the Indian force, to<pass the river
at a ford about 3 miles below their
encampment, and to surround the
bend in such a manner that none of
Them should by. attempting to
cross the remain
der of the forces I proceeded along”
the point of land which led to the
tront of their breast work; and at
naif past 10-o’clock, A. M. I had
planted my artillery on a small emi
nence, distant from its nearest point
about 80 yards, and from its farthest
about 250; from whence limmedi
atdy opened a brisk fire upon its
centre. With musquetry and rifles ‘
1 Kept up a galling fire whenever the
enemy shewed themselves behind
their works, or ventured to approach
them. This was continued with oc
casional intermission, for about two
hours, when Capt. Russell’s compa
ny of spies and a part of the Chero
kee- force, headed by their gallant
.chieitain, Col. Richard Brown, anu
conducted by the brave Cci. Morgan,
crossed over to the extremity of the
Peninsula in canoes, and set fire to
a few of their buildings which were
there situated. They then advanc
td with great gallantry towards the
breast Work, and commenced firing
upon the enemy who lay behiiid it*
Fmdincr that this forrp. nofwitT*
standing tlie determined bravery ti e
displayed was wholly insufficient t»>
disiodge the enemy and that Gt nv
ral Coftee hVd secured the oppoV*tr
banks of the river', I now determiner
upon taking possession of‘t’ieir workt
by storm. Never were men bette»*
disposed for such an undertaking
than those by whom it was it to be
effected. They had entreated to be
led to the charge with the rrost
pressing importunity, and received
the order, which was now given*
with the strongest demonstration of
joy. The effect was such, as this
temper of mind foretold. The re
gular troops led on by their intrepid
and skilful commander Col. Willi!
ams, and by the gallant Major Mont
gomery, were presently in possession
of the nearer side of the breast-work j
and the militia accompanied them in
the charge with a vivacity and firm
ness which could .not have been ex
ceeded, & seldom equalled by troop*
of any description. A few compa
nies of Gen. Doherty’s brigade on th >
right, were led on with great, gal
lantry by Col. Bunch. The advance
guard, by the adjutant general, Col-’
Sittler, and the left extremity of tliW.
line by Capt. Gordon of the spir-si
and Capt. M‘Murry of Gen. Joim4
son’s brigade of W. T. Militia. :•
Having maintained for a few mini’
utes a very obstinate contest, muz
zle to muzfcle, through t he port holes,
in which many of the enemy** halls
were welded to the bayonets of our
muskets, our troops succeeded in
gaining possession of the opposite
side of the works. The event could
no linger be doubtful—f he enemy
although many of them fought td t.io
last with that klrtd of bravery Whi‘cit
desperation inspires, were’at lert.;tli
routed and cut to pieces, ihe wildly
margin of the river which surround
ed the Peninsula, was strewed witty
the slain—ss7 were found by offi
cers Os great respectability whorci
1 had ordered to count them, besides
a great number who were thrown in
the river by their surviving friends,
and killed in attempting to pass it,
by Gen; Coffee's men stationed on
the opposite bank. Capt. Hammonds*
who with his company of spies*
occupied a favorable position oppo*
site the tipper extremity of the breast
work, did great execution ; and soi
did Lt.- Bean, who had been ordered
by Gen. Coffee to take possession of
a small island fronting the lower ex*
tremity.
Both officers and men who had the*
best opportunities of judging, be*
lieve the loss of the enemy tn killed
not to fall short of 800 ; and if theit
numbers were as great as it is rep
resented to have been, by the prison*
ers, and as it is believed to have*
been by Colonel Carroll and others
who had a fair view of them as they
advanced to the breastworks, theiy
loss must have been more considers
able, as it is-quite certain that no
more than 20 can have escaped. A?
mong the dead was found their fay
raous prophet Monahose , shot in the
mouth by a grape shot, as if Hear
ven designed to chastise his impos<
tures by an appropriate punishment
—Two other prophets were also kil
led, leaving no others as 1 learn on
the Tallapoosa.
I lament that two or three women
and children w ere killed by accident.
Ido not know the exact numbel
of prisoners taken ; but it must ex
ceed three hundred—all women anc
children except three or four.
The battle may be said to hav*?
continued with severity for about
five hours ; but the firing and tha
slaughter continued until suspended
by the darkness of the night. Thp
next morning it was resumed, ano
16 of the enemy slain, who had con
cealed themselves untWr the banks./
Our loss was 26 whitemen
and 107 wounded—Friendly Creeks*
.5 killed and 11 wbuoded-
The loss of Col. William’s regi*
ment of regulars is, 17 killed and 55
wounded ; 2 of whom have since di
ed. Among the -former were IVUjor
Montgomery, Lt. Somtaerville „nd»
Lt. Moulton, who fell in the charge
made on the works. No men ever’
acted more gallantly,’ or fell mom
gloriously. #
Os the Artillery company, com- ;
manded by Capt. Parish, 11 were
wounded;- one of whom, Samuel)
Gardner, has since died. Lts. AUe*
and Ridley were both wounded.
The whole company‘acted with its
usual gallantry. Capt. Bradford of*
the 17th U. S. infantry, who acted La
chief engineer, and superintended’
the firing of the cannon, has entitled
himself, by his conduct, to my
warmest thanks.
To say all in a wbrd, the whole
army who achieved this fortunate*
victory, have merited, by their goocl f ’
conduct, the gratitude of their coun-1
try. So far as 1 saw or could learn,
there w*as not an officer or soldier
who did not perform his duly with \
“the utmost fidelity. Ihe conduct of ,
the militia on this occasion, has goiu*
far towards redeeming the chaiac
ter of that description of troops
,; i hey have been as <nfieriv* to thst**