A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II, Part 30

Author: Stevens, William Bacon, 1815-1887
Publication date: 1847
Publisher: New-York : D. Appleton and Co.
Number of Pages: 538

USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II > Part 30

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The inefficiency of this treaty was soon seen. The troubles were varied as to place and character, but yet they continued ; and it was not until several treaties had been made, and many negotiations with the Creeks entered into by Georgia and by the General Government; that, long after the beginning of this cen- tury, and within the administration of still living Go- vernors, the Indians were removed from Georgia to the homes provided for them in the West; and with their removal came peace, security, and population.

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FEW events in the history of our country, none cer- tainly in the annals of Georgia, involved greater prin- ciples of law and equity, or were more exciting to all classes of the community, from Massachusetts to the French settlements in Louisiana, than the Yazoo sale. The questions pertaining to this matter were among the gravest which can exercise the mind of the jurist and the statesman. They involved the rights and independence, as well as the honor and integrity of the individual State; the authority and jurisdiction of the Federal Government; the privileges and immunities of the aboriginal tribes; the contracts and associated powers of several great landed companies; and the claims of Spanish, French, and English subjects, along an exposed and exasperated frontier.

For more than twenty years, these questions, in some form or other, were agitated in our courts of law, in our legislative assemblies, in the halls of Congress, and in the councils of the Cabinet,-shaping, in many respects, the political aspect of the times, and directing the measures which were finally adopted in the settle- ment of the vexed questions of Indian titles and Indian protection.

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GEORGIA AN INDEPENDENT STATE.

The southern portion of the present United States had been claimed respectively by England and Spain, on the ground of original discovery. An attempt was made, in 1604, to settle, by treaty, the pretensions of each of these powers to America, but the parties could not agree; and the claims were kept in abeyance until the year 1670, when, by the 7th article in what is called the " American treaty" between England and Spain, it is stipulated that the possessions of the Eng- lish Crown, as they then existed in America, were to be confirmed to "the most serene King of Great Britain," with "plenary right of sovereignty, dominion, posses- sion, and propriety."

Charles II, in his first charter to the Earl of Clarendon and seven others, granted to them " all that province, territory, or tract of ground, called Carolina, situate, lying, and being within our dominions of America," and between the 36° and 31° northern latitude ; and "south- west in a direct line as far as the South Seas." Two years after, by a second charter, dated 30th of June, 1665, the King removed the southern boundary line, so as to cover the country claimed by right of dis- covery, and fixed it at 29º northern latitude. This, then, was the southern boundary of the English pos- sessions in America five years later, when the treaty was made between Spain and England,-the 7th article of which, as we have seen, confirmed to the English King all the land which he then claimed.

In 1729, the territory covered by these two charters of Charles II was, to the extent of seven-eighths of it, surrendered to George II, by the heirs and assignees of those who held the province as proprietors under

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the said charters; and thus the land, to 29° south latitude, was reinvested in the Crown.

Five months later, on the 9th December, 1729, Robert Johnson was commissioned as Governor of this surrendered province; and, though no boundaries were stated, yet by title, as well as law, his commission covered the whole territory claimed under the charters of the second Charles.

In 1730, the Lords of the Committee of Council, appointed to consider the petition of Lord Percival, James Oglethorpe, &c., for a grant of lands in South Carolina, for the purpose of establishing a charitable colony, reported favorably, and recommended to his Majesty to grant to the petitioners that tract of land lying between the Rivers Savannah and Alatamaha; and accordingly, in the charter granted to these gen- tlemen, in 1732, the boundaries of the new colony of Georgia were fixed by those rivers on the north and south, " and westward from the heads of the said rivers respectively in direct lines to the South Seas."

This charter was surrendered to the King in 1752, when it ceased to be under the government of the trustees, and was erected by the Crown into a royal province.

In the commission appointing John Reynolds Go- vernor of the colony, the same boundaries were recited which were recorded in the charter.

A practical aspect was soon given to this territorial question by the settlement to the southward of the Alatamaha of a party of seventy or eighty men, under the leadership of Mr. Gray, at a place called New Hanover. Lieutenant-Governor Ellis gave Gray a license to settle at the St. Mary's River, and to trade

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GEORGIA AN INDEPENDENT STATE.

there; but this measure was reprehended by the Lords of Trade, and William Pitt particularly deplored it, " as it may disturb that peace and friendship which at present so happily subsists between his Majesty and the King of Spain,-no limits having, as we appre- hend, ever been finally settled between the two crowns in this part of America." The settlement was ordered to be broken up-not because it was on Spanish soil, for it was conceded that it was on English ground- but because it might, by its proximity to Florida, give umbrage to the court of Spain.

It was well known that General Oglethorpe had made settlements south of the Alatamaha, and that lands were claimed under his rule even to the St. John's; while the establishment of Fort William, at the south end of Cumberland Island, and the keeping up a guard there by a detachment from his Majesty's Independent Company in South Carolina, under direc- tion of the Governor of South Carolina, proved how Great Britain regarded her legal right to that territory.

The grants made by Governor Browne of large tracts of land to the southward of the Alatamaha, the caveat of Governor Wright against such proceedings, and the issue that was taken thereon by the Lords of Trade, complicated matters very much; but the treaty of peace of 1763, between Great Britain and Spain, and the cession of Florida to England by that treaty, set at rest all questions of boundary.

Florida was now divided into East and West Florida, and each was erected into a royal province. The northern boundary was fixed at 31º north latitude ; and, on the recommendation of the Board of Trade, the jurisdiction of the Governor of Georgia was ex-

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tended over the territory lying between the southern branch of the Alatamaha and the northern boundary of the Floridas. By the same treaty, also, the western boundary of Georgia, instead of being, as heretofore, the South Seas, was now made to be the middle of the River Mississippi.

By the treaty of peace concluded between the United States and Great Britain, in 1783, these were the boundaries recognized by the latter power, and ac- cepted by the former, when the mother country ac- knowledged our existence as an independent nation.

Relying on these facts as full evidence of her title to this territory, the Legislature of Georgia, on the 17th February, 1783, passed " An act for opening the land office, and for other purposes therein named ;" in the 13th section of which the boundaries of Georgia are thus recited : "That the limits, boundaries, juris- diction, and authority of the State of Georgia, DO, and did, and of right ought to extend from the mouth of the River Savannah, along the north side thereof, and up the most northern stream or fork of the said river, up to its head or source ; from thence, in a due west course, to the River Mississippi; and, down the said stream of the Mississippi, to the latitude 31º north ; from thence, in a due east course, to the River Apala- chicola, or Chatahoochee; and, from the fork of the said River Apalachicola, where the Chatahoochee and Flint Rivers meet, in a direct line to the head or source of the southernmost stream of the River St. Mary; and, along the course of the said River St. Mary, to the Atlantic Ocean," &c.

The claim which South Carolina had so long made to the tract of land lying between the Alatamaha and

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GEORGIA AN INDEPENDENT STATE.

the St. Mary, because not originally included in that part of Carolina which was erected into the indepen- dent colony of Georgia, was relinquished by South Carolina, at the Convention of Georgia and South Carolina Commissioners, which was held at Beaufort, in 1787; and thus the last impediment in the way of the full recognition of the jurisdiction of Georgia over that portion of the territory was removed.

From these statements it appears that Georgia was the legal proprietor of these lands. In proof of this she could appeal to the cession of Florida to England by Spain ; to the Royal Proclamation " for establishing the governments of East and West Florida, and ex- tending the southern boundary of Georgia," in 1763 ; to the new commission of Governor Wright, in 1764; to the 2d and 9th " Articles of Confederation and Per- petual Union between the States," in 1781; to the Treaty of Peace with Great Britain, in 1783; and to the 3d Article of the Convention of Beaufort, in 1787. The Federal Government fully recognized this right of Georgia, in its official intercourse with Georgia, in its several acts of Congress, and by the instructions given to its treaty-making commissioners.

In February, 1785, the Legislature passed an act, erecting a large tract of country, bordering on the Mississippi, above and below Natchez, into a separate county, which was named BOURBON ; and civil and ju- dicial officers were appointed for that new county ; but the intervention of Spanish claimants and settlers pre- vented the carrying the act into effect, and it was re- pealed in February, 1788.

Shortly after, a company of persons, stimulated by the thirst for gain, organized themselves into an asso-

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ciation, called " The Combined Society." Its members were sworn to secrecy, and the object of it was, by means of certain influences brought to bear upon those in authority, to obtain from the State large grants of lands, either for immigration or for sale,-in either case for the end of making a large sum of money out of the transaction. Such a secret could not long be kept. It was brought to the notice of the Governor and the Le- gislature ; and its divulgence thwarted the plans of the society, which was soon disbanded.

It existed long enough, however, to do serious mis- chief, by inflaming the cupidity of the citizens, by ex- citing visions of landed property, or golden gains to be realized in investments in western lands, and by fami- liarizing the minds of the people with the underhanded dealings of land speculators and political gamesters,- absolutely demoralizing to any state or people.

The evil effect of such measures soon appeared. In 1789, Thomas Washington, Alexander Moultrie, Isaac Hugee, William Clay Snipes, and certain others, asso- ciated together as "The South Carolina Yazoo Com- pany," and applied to the Legislature of Georgia for the purchase of certain tracts of land belonging to Georgia. The principal promoters of this scheme were a certain Captain Sullivan, of the late revolutionary army, who headed the mob, in Philadelphia, which insulted the Old Congress, then sitting in the State House, and who had taken refuge in the Mississippi territory as a fugi- tive from the penalty which the law would have in- flicted on him for his crimes ; and Thomas Washington, whose real name, however, was Walsh, and who styled himself a citizen of Georgia, but who was really a swindling adventurer. These two men, bold, reckless,

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GEORGIA AN INDEPENDENT STATE.

unscrupulous, with great address and zeal, made such representations of the desirableness of these western lands, and the facility of peopling them and bringing them into a profitable market, that many, besides the gentlemen of Georgia and South Carolina, were led away by their schemes; and “ The Virginia Yazoo Company," at the head of which was the justly cele- brated Patrick Henry, and " The Tennessee Company," represented by Zechariah Cox and others, made appli- cation at the same time with the Carolina company, for grants of land from the State of Georgia. Peti- tions from these companies were presented to the Senate, on the 20th of November, 1789, setting forth the advantages which would arise to Georgia from dis- posing of their western lands, and offering to purchase on certain conditions. These were referred to a com- mittee; and a bill to that effect was shortly after in- troduced into the Senate, and sent to the lower House, on Monday, December 7th, for their action. The House was then engaged upon the Judiciary bill, but it was the next day set aside, in order to consider the bill for disposing of the State lands; and a joint com- mittee was appointed, consisting of one member of the House from each county, to report specially on " the merits and propositions of the different companies proposing to become purchasers in the said territory."

Another company now appeared, and presented its claims,-" The Georgia Company," composed of citizens who were unwilling to see such large tracts of land passing into the hands of Carolinians and Virginians; while those most interested-the inhabitants of Georgia -were only to a small extent admitted into these as- sociations. This company, however, entered the field

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too late. The agents of the other companies, working with indomitable zeal, and feeling that each day's delay imperilled their schemes, pressed forward legislative action with indecent haste. Nearly all other business was suspended; and though the minority were able to retard the precipitate action which the majority seemed to desire, yet they only held back the result for a few days. When, in committee of the whole, a motion was made to insert "The Georgia Company" with the other applicants, it was lost; the same fate · befell a motion to increase the sum demanded for the lands ; and, it appearing to the minority that there was a determination to give the lands to the three companies at a nominal value, and without allowing a fair competition, they suffered the bill to pass as it came from the Senate, without opposition.

Thus, in the course of nine days, a bill of such great importance was hurried through the House of Repre- sentatives, and every attempt to make the least amend- ment to it was frustrated. It received the signature of . the Governor on the 21st December, and the " Act for disposing of certain vacant lands or territory within this State" became a law. By this bill it was enacted that a tract or part of the territory of Georgia, now embrac- ing the middle counties of Mississippi, comprising over five millions of acres, should be reserved as a pre-emption for " The South Carolina Yazoo Company ;" for which they were to pay the State in two years $66,964; that a tract, or part of the territory of this State, bordering on the Tennessee and Mississippi Rivers, now known as the northern counties of Mississippi, embracing over seven millions of acres, should be reserved as a pre- emption for "The Virginia Yazoo Company ;" for which VOL. II. 30

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GEORGIA AN INDEPENDENT STATE.

they were to pay $93,741 within two years; that a third tract, or part of the territory of this State, lying along the Tennessee River and Bear Creek, being a portion of what is now Northern Alabama, containing nearly three and a half millions of acres, should be re- served as a pre-emption for "The Tennessee Company ;" for which they were to pay, in terms similar to the other companies, the sum of $46,875. Thus fifteen and a half millions of acres, or what proved to be in reality over twenty millions of acres, were sold to three companies for the paltry sum of about $207,000 !

The passage of this act drew out strong remon- strances from the minority, and from "The Georgia Company," which had really offered a larger price and more valuable securities.

Under the provisions of this act, the South Carolina and Virginia Companies paid into the treasury some small sums in paper medium, but the full provisions of the law were not complied with by any of the com- panies, and the contemplated sale was not completed.

Thus the schemes of Washington, alias Walsh, came to nought. He himself was shortly after arrested for forging a large amount of Georgia and Carolina paper, and, being convicted and sentenced to death, was hung in Charleston in 1792.

The companies which had obtained these grants were greatly incensed at the course which the matter took, and not only charged Georgia with acting in bad faith, but even entered suits in equity against the State in the Supreme Court, for the purpose of compelling Georgia to confirm the contracts "fully and absolutely." While these suits were pending, an amendment to the Constitution of the United States passed Congress,

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December 2, 1793, declaring that " the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." Accordingly all proceedings thereupon came to an end. Undeterred by these failures, preparations on a more extensive scale were made for new efforts, having for their end the same general objects ; and, at the session of the Legislature in November, 1794, proposals were again made by several parties for the purchase of the western territory of Georgia. These were referred to a joint committee of both Houses, who, on the 3d of December, reported, as their opinion, "that it would be right and proper to sell a part of the western terri- tory of this State during the present session. They are also of opinion that it will be best to sell to com- panies ; they therefore report that they are of opinion it would be right and proper, and would tend much to the advantage and population of the State, to extend · the limits of the present boundary line as far as the River Ocmulgee; and that an appropriation should be made therefor, together with an application to the General Government for the holding of a treaty. Your committee further report that they have taken under consideration the several applications made for the purchase of certain tracts of country therein described ; which, they are of opinion, are liberal and right to be agreed to; but this report is not to conclude the Legis- lature from receiving and acceding to other proposals which may be deemed more advantageous to the State, should any such be made during the passage of the bill."

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GEORGIA AN INDEPENDENT STATE.

A minority report was presented and offered as an amendment to the report of the committee, in which it was urged that "it is not consistent with the inte- rests of this State to accede to the proposals made by the present companies, or any part of them, at this time." This amendment was disagreed to; and the bill, as reported by the majority, was put upon its passage.

The companies applying, and incorporating their claims and terms in the bill, entitled, " An act declar- ing the right of the State to the unappropriated ter- ritory thereof," &c., were " The Georgia Company ;" " The Georgia Mississippi Company ;" " The Tennessee Company ;" and " The Virginia Yazoo Company." To these, on the 11th December, was added, "The Georgia Union Company," composed of General Twiggs, Wil- liam Few, John Wereat, William Gibbons, Jr., &c., who made certain proposals to the committee for a tract of land, supposed to contain at least twenty-three millions of acres, and for which they offered the sum of $500,000.

The committee, to whom was referred this last pro- posal, reported, " That on examination of the bounda- ries of the district proposed to be purchased by the above-named gentlemen and their associates, it appears to be composed of the two districts proposed to be purchased by the 'Georgia' and 'Georgia Mississippi Companies,' and no more; that the sum offered is $90,000 greater than that offered by both the other companies ; and that the new company proposes to reserve for the citizens double the amount indicated by the other companies; and they submit the ad-

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GEORGIA AN INDEPENDENT STATE.

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vantages and disadvantages of each to the decision of the House."

The application of the Georgia Union Company, not- withstanding their larger offers and more liberal re- serves, was, however, rejected by a vote of-ayes 12, nays 14.

Various amendments were offered to this bill by those opposed to this measure, but they were severally voted down by a steady and determined majority, and the bill was passed and sent to the Governor for his signature. Fearing that Governor Matthews might veto it, the leading men of the several companies inte- . rested addressed a letter to him on the 25th Decem- ber, in which they sought to show the policy, expe- diency, and advantage of the bill,-setting forth these in brief, but strong terms,-urging his Excellency not to interpose his executive authority, and intimating how unpleasant it would be to him to have the bill passed over his veto.

Despite the urgent appeal of these parties, the Go- vernor, on the 29th December, sent his dissent to the bill to the House; in which communication he stated his objections to it to be : "1st. I doubt whether the proper time is arrived for disposing of the territory in question. 2d. If it was the proper time, the sum offered is inadequate to the value of the lands. 3d. The quan- tity reserved for the citizens is too small in proportion to the extent of the purchase. 4th. That greater advantages are secured to the purchasers than to the citizens. 5th. That so large an extent of territory being disposed of to individuals will operate as monopo- lies, which will prevent or retard settlement, popula- tion, and agriculture. 6th. That should such disposi-

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GEORGIA AN INDEPENDENT STATE.

tion be made, at least one-fourth of the lands should be reserved for the future disposal of the State. 7th. That if public notice was given that the lands were for sale, the rivalship in purchasers would most probably have increased the sums offered."

After reading this dissent of the Governor, a com- mittee of five was appointed to confer with his Excel- lency upon his message.

The next day, Mr. Watkins, from this committee, made the following report : "That so intimately con- nected is the 'act for, appropriating a part of the un- located territory of this State for the payment of the late State troops,' &c., with the bill returned to the House, the same cannot be separately carried into effect without a dangerous anticipation of funds already pledged in the most solemn manner to the soldier and suffering citizen in a common cause ; or a derangement of the finances of the State, which the Legislature view with the utmost regret. That on comparing the pur- chase contemplated by the several companies with the map of the western territory of this State, they find that eighteen millions of acres still remain the right of the State for future appropriations, indepen- dently of the immense tract of country lying eastward of Chattahoochee, and within the temporary line of the Indian hunting-ground. That his Excellency the Governor's reasons for dissent, being founded upon opinions as to legislative operation, and not on consti- tutional grounds, a supplementary act, embracing the objects of this report :-

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A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II, Part 30

Author: Stevens, William Bacon, 1815-1887 Publication date: 1847 Publisher: New-York : D. Appleton and Co. Number of Pages: 538

Author: Stevens, William Bacon, 1815-1887
Publication date: 1847
Publisher: New-York : D. Appleton and Co.
Number of Pages: 538