USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. I > Part 82
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into the Atlantic, were claimed with greater warrant and through occupation of several military posts, by France and Spain. The actual westward extension of the Atlantic colonies was made pos- sible by the world-wide war of 1755-62, in which George Wash- · ington found experience as a soldier in the wilds of Pennsylvania, and Frederick of Prussia won the title of "the Great." By the result of this war France was compelled to surrender her posses- sion and claim to the Mississippi valley, "la Louisiane," which in- cluded Mobile and the intervening gulf coast, and Spain yielded the remnant of her province of Florida, which had no settled limits. Great Britain was then in position to make effective the ancient charters and extend the colonial bounds to the river Mis- sissippi. Her policy was, however, directly the opposite, and was directed to restricting the colonial governments to the line of the sources of streams that empty into the Atlantic.
The purpose was, as stated in a report of the board of trade in 1772 (on a petition to settle the river Ohio), namely, to preserve "the colonies in due subordination to and dependence upon the mother country." Consequently, the assertion of the westward ex- tent of the colonies became an essential part of the movement for independence, and the colonists, obeying the spirit of national ex- pansion, used the old charters as the basis of their technical claim, in opposition to the selfish policy of the crown.
While recommending the reservation of the interior for the In- dians and the erection of the provinces of East and West Florida " on the gulf coast, the board of trade advised the disposal of a re- gion claimed by South Carolina, without manifesting any appre- ciation of the validity of that colony's ancient charter. They said : "A large tract of land lying between the north boundary line of East Florida (the St. Johns is here meant) and the river Altamaha, the present south boundary of Georgia, which has hitherto been unoccupied as to any permanent settlement either by your ma- jesty's subjects or those of Spain, remains to be put under some proper establishment; and we think it cannot, in any respect, be better disposed of than by putting it under the jurisdiction and within the government of Georgia." This was acquiesced in by South Carolina without protest. The action was based upon the actual status of the territorial boundaries.
Accordingly, the proclamation of the king, October 7, 1763, es- tablished the new provinces as recommended, except that the north line of East Florida was fixed on the St. Marys, as it remains to this day. After naming other establishments, outside the United States, the proclamation continued: "We have also, with the advice of our privy council aforesaid, annexed to the pro- vincial government of Georgia all the lands lying between the rivers Altamaha and St. Mary's."
As for the remainder of the great interior region formerly claimed by France as Louisiana and by Spain as Florida, it was reserved "for the present under our sovereignty, protection and dominion, for the use of the said Indians, as also all the
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lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest; and we do hereby strictly forbid on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose obtained." It is a further illustration of this policy that in 1774 all the region northwest of the river Ohio, claimed by Virginia under her ancient charter, was included in the province of Quebec.
In the first year of the reign of George III, James Wright was commissioned captain-general and governor of Georgia, the com- mission reciting the old bounds between the Altamaha and Savan- nah, the Atlantic and the South seas. But on January 20, 1764, after the annexation of the coast region recommended by the board of trade, a new commission was issued to Governor Wright, in which his jurisdiction was described as extending from the head of the Savannah river "westward as far as our territories extend," and bounded "on the south by the river St. Mary's, as far as the head thereof, and thence westward as far as our territories extend by the north boundary of our provinces of East and West Florida." The line of the 31st parallel is not mentioned in the commission. It was named in the first commissions to the governors of West Florida, as a boundary, subsequently changed to a line due east from the Yazoo river mouth. The commission to Governor Wright was the basis of the Georgia claim to that part of the territory of this State south of the latitude of Grenada. North of that, her claim was based on the original charter of Georgia.
It happened to be just about the time that Virgina had settled upon the policy of making the western lands public domain of the United States, that Georgia seemed to assert a different policy by at- tempting to create Bourbon county (q. v.) in the Natchez district. (1785.) But history was moving more slowly in the southwest than the northwest. Bourbon county really was analogous to the county of Illinois erected by the Virginia legislature in 1778, to aid the contest against a foreign power. There was this difference, however, that Virginia was in actual possession of her western · county by force of arms, and Georgia did not have and never did have actual possession of the Natchez. The region bore no such relation to Georgia as Kentucky (or even the Northwest) to Vir- ginia, or as Tennessee to North Carolina.
The subsequent acts of Georgia in regard to the western country, however, were of a different character. They are describd in the "Miscellanies of Georgia," (Chappell), as, aside from the question of title to the territory, "lawless, unconstitutional, and dangerous." (See Yazoo Land Companies, and Georgia Cession.)
After 1787 Georgia also had what warrant was derivable from the cession or relinquishment made by South Carolina of western. claims. This cession or relinquishment was not made to the United States, as in the case of Virginia and contesting claimant colonies, but to Georgia. The relinquishment covered everything west of
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a line running from the source of the St. Marys river to the site of Atlanta.
Robert J. Walker, in his note to the case of Griffith vs. Hopkins (W. 54), asks "how far are the acts of the Territorial government of the United States, prior to the cession by Georgia, (1802) valid, it now being admitted that prior to that period this territory was a part of the State of Georgia, embraced within her legislation, and not a part of Florida, and consequently, that the organization by Congress of a territorial government here prior to the cession by Georgia was an usurpation of power." (Mayes, "Legal and Judi- cial History.") It is apparent from the record that the United States asserted that certain regions were part of Georgia or Flor- ida or Louisiana, as the exigencies of the moment demanded, with one consistent purpose, expansion of territory, restriction of the original States within reasonable limits, and the founding of new States. The government recognized the validity of the acts of the Spanish government from 1783 to 1795, while denying its sover- eignty ; because in fact, the treaty of 1795 was a settlement of ad- verse claims ; so also was the "cession" by Georgia a settlement of adverse claims, and the government established by the United States was the only government in the region after 1783 except the Spanish government and the self-government committees of Natchez inhabitants, of whom it does not appear that a considerable part were at that time disposed to seriously consider the preten- sions of Georgia.
Georgia Land Claims. When Georgia ceded to the United States all her right, title and claim to the region of Mississippi territory, it was provided that all persons who were actual settlers October 27, 1795, the date of the Spanish relinquishment, should be con- firmed in any claims to land which may be derived from any actual survey or settlement under the Bourbon county act of Georgia, dated 1785. It was also provided that the United States might appropriate five million acres, or any part thereof, "for the pur- pose of satisfying, quieting or compensating for any claims other than those hereinbefore recognized, which may be made to the said lands," etc. This latter was an extremely delicate reference to the claims which were then being very strenuously asserted by . the beneficiaries of the Georgia legislation known as the "Yazoo Fraud," by which thirty or forty million acres had been granted to speculators.
James Madison, Albert Gallatin and Levi Lincoln, the United States commissioners for negotiating the cession, reported Feb. 16, 1803, that "a few applications have been filed for lands claimed under the Bourbon act, most of which, however, are for tracts im- proved after the act had been repealed." Gov. William C. C. Clai- borne, who was depended upon by those commissioners to investi- gate the land claim business, sent in a packet of claims under the Bourbon county act, and said, "Few of these claimants allege to have made actual surveys ; it would have been unsafe to have done so, during the existence of the Spanish government. But they
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rely upon the settlements which they formed by a verbal permis- sion from the then existing government, and the invitation held out by the State of Georgia in the Bourbon act. Many citi- zens, who, subsequent to 1795, have settled and improved vacant lands, suppose that under the third section [of the Bourbon county act] they will be entitled to a right of preference, when a land office may be opened. The Bourbon act was repealed by Georgia, in Feb- ruary, 1788, but from the little intercourse between that State and this territory, it is probable the repealing law was but partially known; and that some citizens might have made their improve- ments under the invitation given them in the Bourbon act."
Regarding the "other" claims, under the grants of 1789 and 1795 to speculative companies, the Madison commission reported ad- versely to them all. "But they nevertheless believe that the in- terests of the United States, the tranquillity of those who may hereafter inhabit that territory, and various equitable considera- tions which may be urged in favor of most of the present claim- ants render it expedient to enter into a compromise on reasonable terms." The five million acre clause in the Georgia cession (q. v.) was the result of this recommendation, and it appears that under this provision the United States extinguished some of the claims. The great majority of the claimants under these acts of Georgia signed a proposition to relinquish their claims if the United States would pay them at the rate of 25 cents per acre, which would make a debt of about $8,500,000, which the commissioners declined to consider.
In January, 1796, a year after the passage of the Georgia acts, and when the nature of the transaction was thoroughly well known, William Wetmore and others, of Boston, bought of the agents of the Georgia Mississippi company, the one that took a grant in southern Mississippi, 11,380,000 acres at ten cents an acre, two cents in cash and the balance in annual payments. The deed passed in February, 1797, a year after the Georgia repeal. These pur- chasers formed the New England Mississippi company and began selling lands, and Gov. Matthews, of Georgia, came to Natchez as their agent.
Congress seemed about to settle the Yazoo claims on the basis of the report of the commissioners but John Randolph, of Roanoke, who was then supreme, determined on the impeachment of Judge Chase, of the supreme court, the final effort for subjection of the judiciary to the legislature, and at the close of the next year Ran- dolph proposed to exclude the Yazoo claimants from participation in the profits of the Georgia cession. He took the ground that the action of Georgia in rescinding the acts was final in defining the rights of claimants. "The Yazoo compromise was Madison's measure, and its defeat was Randolph's passionate wish. The im- peachment of Judge Chase was Randolph's measure and received no support from Madison. . At length, at the end of Janu- ary, 1805, the House went into committee on the Georgia claims, and Randolph for the first time displayed the full violence of his
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temper. Hitherto as a leader he had been at times arrogant; but from this moment he began the long series of personal assaults which made him famous. The spectacle was revolting, but terrific; and until these tactics lost their force by repetition, few men had the nerve and quickness to resist them with success." Gideon Granger, Madison's postmaster-general, lobbied on the floor of the house for the New England Mississippi company, and re- ceived a due share of Randolph's invective. (Adams, U. S., II, 212.)
In 1805 it was publicly announced that the Yazoo question was to determine "the relations, the principles, the characters and the strength of parties in the next Congress." It had become the test of devotion to the next president. In 1806 the senate passed a bill to settle the claims, but Randolph defeated it, 62 to 54 in the House.
The Yazoo claims came before the United States supreme court in 1809 and Chief Justice Story delivered the opinion March 16, 1810. He decided for the claimants on the ground that the consti- tution forbade a legislature to impair the obligation'of a contract. Congress followed this opinion four years later by making com- pensation to the claimants.
Of the supreme court decision (Fletcher vs. Peck, 6 Cranch 89.) Chappell says in his Miscellanies of Georgia, "no professional man can possibly read that case without seeing in it the unmistakable brands and marks of a feigned case, even if one of the judges, Justice Johnson, had not weakly called attention to the flagrant fact." Johnson said in his opinion, "I have been very unwilling to proceed to the decision of this case at all. It appears to bear strong evidence upon the face of it of being a mere feigned case."
Harpers' Encyclopedia of United States History, in closing a discussion of the subject, says: "It appeared that a great share of those original grants had passed into the hands of New England men. Their claims were violently opposed, partly on political and sectional grounds. The subject was before Congress for several years, many of the Southern members, led by the implacable John Randolph, defeating every proposed measure for making an hon- orable settlement with the New England purchasers. The claim- ants turned from Congress to the courts. In 1810 the supreme court of the United States decided that the act of the Georgia leg- islature in repudiating the original grants of the Yazoo lands was unconstitutional and void, being in violation of a solemn contract. This decision and other considerations caused Congress to make a tardy settlement with the claimants in the spring of 1814. Such was the end of a speculation out of which Southern grantees made splendid fortunes, but which proved very unprofitable to Northern speculators."
The act of congress, March 31, 1814, provided a certain date within which claimants under the Georgia act of 1795 might release all their claims to the United States, including claims against the Georgia treasury for money "unlawfully or fraudulently with-
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drawn," these releases to be passed upon by a board of commis- sioners, to be composed of the members of the cabinet, but, upon their declining, composed, under the act of 1815, of Thomas Swann, Francis S. Key and John Law. To satisfy the claimants an issue of stock, or non-interest bearing bonds, was authorized, payable out of the first money realized from the sale of lands in Mississippi territory, after paying the purchase price to Georgia and the cost of survey. To the claimants under the Upper Mississippi company,' there was appropriated not to exceed $350,000; under the Tennes- see company, not to exceed $600,000; under the Georgia Missis- sippi company not to exceed $1,550,000; under the Georgia com- pany not to exceed $2,250,000, and to persons claiming under the Georgia citizens' rights, not to exceed $250,000. These amounts included some shares transferred already to the United States. The certificates of stock were also receivable in payment of lands.
The New England company made its assignment and claimed $1,- 550,000 as purchaser of 11,380,000 acres of the Georgia Mississippi company, but the latter asked indemnification for nearly a million acres, equal to about $130,000, on account of unpaid notes for pur- chase money, amounting to $95,760. The commissioners sustained the plea of lien. This decision was contested and the question was argued before the United States supreme court by Daniel Webster and others. Chief Justice Marshall ruled in 1819 that it was "a clear case of exemption from lien;" that the whole arrangement was for speculation and transfer, without the embarrassment of mere equitable title. In 1823 Senator VanBuren reported to the senate that the request of the New England company to be rein- vested in 957,600 acres should be denied. For their rights under this decision they must look to moneys awarded the Georgia Mis- sissippi company, three-fourths of which went to the United States as assignees.
The whole subject went under the popular name of the Yazoo Fraud, the Georgia people and the Charleston, Boston and Phila- delphia speculators, using the term in somewhat different meaning. Yazoo, from 1789 to 1823, was a familiar word throughout the United States. See Yazoo Land Companies.
Gerald, a postoffice of Coahoma county.
Geren, a postoffice of Leflore county, and a station on the Yazoo & Mississippi Valley R. R., 14 miles north of Greenwood, the county seat and nearest banking town.
Gershorm, a post-hamlet in the southern part of Pontotoc county, 12 miles south of Pontotoc, the county seat. Houlka is its. nearest banking town. Population in 1900, 36.
Gettysburg, battle, see Army of Northern Virginia.
Gholson, a post-village in the southwestern part of Noxubee county, about 15 miles from Macon, the county seat, and 10 miles from Shuqualak, the nearest railroad and banking town. It has a. money order postoffice, and two churches. Population in 1900, 58.
Gholson, Samuel Jameson, was born in Madison county, Ky., May 19, 1808, and moved in 1817 with his father's family, to north-
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ern Alabama, where he studied law at Russellville and was ad- mitted to practice in 1829. He made his home at Athens, Miss., in 1830, and was married in 1838, to Miss Ragsdale. As a candi- date for prosecuting attorney of the circuit court in the northeast, he was defeated by Reuben Davis in 1835, but he was elected to the legislature. At the death of Gen. David Dickson he was elected to his seat in congress, to fill the unexpired term ending March 4, 1837. A special session of congress was called in 1837 before the time of the regular election in Mississippi, and a special election was ordered, at which he and J. F. H. Claiborne were elected over Prentiss and Acee (see Congressional Representation). At the regular election following he and Claiborne were defeated, but they made a contest under the special election. In the famous debates on this contest he had a heated encounter with Henry A. Wise, which caused an adjournment of the session. "By the powerful in- fluence of John C. Calhoun and other friends, a duel was pre- vented." He declined to be a candidate when the question was re- ferred to the popular vote, in 1838, and was appointed judge of the United States court of Mississippi, a few months later. He served in this capacity for twenty-two years. In 1841 he earnestly opposed the repudiation of the Union bank bonds, and appeared once in public discussion of the subject against Reuben Davis.
In 1843 he sought an alliance with his former political enemy, S. S. Prentiss, in the hope of defeating repudiation. Gov. Quitman was brought before Judge Gholson when arrested by the United States marshal for complicity in the Lopez filibustering expedition, and was released on his word of honor, without bond. In May, 1860, Judge Gholson was president of the Democratic State con- vention. In January, 1861, he resigned from the Federal bench immediately after the secession convention, of which he was a prominent member. "Why Judge Gholson was not appointed to the bench of the Confederate district court of Mississippi is some- what inexplicable. It is, indeed, strange that he should have been permitted to descend from a bench which he had so long and so worthily occupied, and, at his age, muster himself into the ranks as a private soldier. He had been a lifelong friend of Mr. Davis, personally, politically, and officially; and the neglect was not in conformity with the known constancy and rewarding policy of the Confederate president." (Lynch, Bench and Bar.) He enlisted as a private in one of the first companies raised in his county, and was afterward elected captain. From this he was promoted to colonel of State troops, and later in 1861 to brigadier-general. Go- ing to Kentucky with the State troops sent to the support of Gen- eral A. S. Johnston, he was wounded in the right lung at the battle of Fort Donelson, where his command was captured. He was in the field again in 1862, and took part in the battles of Iuka and Corinth, receiving a severe wound. in the left thigh at the latter action. He continued to serve in the State troops, of which he was made major-general by the State government in the spring of 1863. May 6, 1864, he accepted a commission as brigadier-general
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in the Confederate States army, and was put in command of a bri- gade of cavalry, to operate in southern Mississippi, Louisiana and Alabama, under the division command of Gen. Chalmers. In 1864, when the Federals advanced on Jackson, he was again wounded. But he was soon on duty again, and was commended for gallantry in operations connected with the Atlantic campaign. During Grierson's expedition to destroy the Mobile & Alabama railroad (December, 1864, and January, 1865,) Gen. Gholson again ex- posed himself with reckless valor, and was reported killed by the Federal commander. He did lose his left arm in consequence of wounds at Egypt, Dec. 27. His remarkable military service closed, at the age of 57. After the war he resumed the practice of law. He served in the legislature in 1835, 1836, 1839, 1865, 1866, and 1878, and in 1865-67 was speaker of the house. He died at his home in Aberdeen, Oct. 16, 1883.
Gibb, a postoffice of Jones county.
Gibson, a post-hamlet in the western part of Monroe county, on the Mobile & Ohio R. R., 9 miles west of Aberdeen. It has a money order postoffice. Population in 1900, 27.
Gift, a post-hamlet in the northern part of Alcorn county, 11 miles west of Corinth. Population in 1900, 51.
Gilbert, a post-hamlet in the southern part of Scott county, on the Leaf river, 10 miles southwest of Forest, the county seat, and the nearest railroad and banking town. Population in 1900, 52.
Giles, a post-hamlet in the northeastern part of Kemper county, 18 miles east of Dekalb, the county seat. Scooba station on the Mobile & Ohio R. R., is the nearest railroad town. Population in 1900, 45.
Gillsburg, a post-village in the southeastern part of Amite county, on the Tickfaw river, 12 miles southeast of Liberty, the county seat. It has a money order postoffice. Population in 1900, 95.
Gilmer, a postoffice of Covington county, about 14 miles northeast of Williamsburg, the county seat.
Gilvo, a post-hamlet of Lee county, 5 miles east of Tupelo, the county seat and nearest railroad and banking town. Population in 1900, 23.
Gip, a postoffice of Leake county, 7 miles northwest of Carthage, the county seat.
Gipsy, a postoffice of Winston county, 4 miles north of Louis- ville, the county seat. The Chalybeate springs are located here which have become famous on account of the medicinal qualities of the water. Many people visit these springs and it is predicted that they will eventually become very popular and noted. The John M. Bradley Camp No. 352 of Confederate veterans hold their annual reunions there, and on these occasions as many as 3,000 people visit the springs.
Girault, John, was a native of the city of London, the son of Huguenot refugees, born Feb. 24, 1755. He was an officer in the Northwest under Gen. George Rogers Clark, and afterward a res- ident of Natchez district, where he married Mary Spain, of a Vir-
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ginia family, and founded the "Retreat" plantation. A son, James A., married a daughter of William Dunbar.
The records of land claims show the granting to John Girault of 90 acres on St. Catherine's in 1790, 361 on Second Creek in 1789, 716 on Bayou Pierre in 1790, 9 near Natchez in 1795, besides which he made' claim to about 2,500 acres by purchase, and held some orders of survey made in 1795 for other large tracts that were finally approved in part in 1815. Colonel Girault was with Gov. Gayoso in 1791 at the time of the building of the fort at Walnut Hills. He was recorder under the Spanish authority and preserved the records of the Natchez District which are now on file in the Mississippi Department of Archives and History. He was a trusted friend of Gov. Sargent, and was appointed by him to com- mand the militia of Pickering county after the resignation of Cato West. Claiborne appointed him clerk of the Jefferson county court in 1802, but Girault declined the commission because he consid- ered a clause, "during the pleasure of the governor for the time being," an indication of distrust. Before this, in July, he had been elected to the general assembly by the reversal of popular senti- ment that characterized the year, 1802. Afterward he accepted the office of clerk.
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