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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**