In 1752 the Georgia charter was surrendered, and by virtue of the French and Indian war which soon followed, and the treaty of Paris 1763, Great Britian made good her claim, over France, to all lands east of the Mississippi river and began at once to occupy this territory, which prior to 1732 had been a "sort of free zone of doubtful ownership." The King of Great Britain issued a proclamation, Oct. 7, 1763, creating the provinces of East Florida and West Florida and by the same proclamation the Georgia territory according to the charter of 1732 was extended so as to take in the lands lying between the rivers Altamaha and St. Mary's. This proclamation also settled temporarily a dispute which had arisen between the provinces of South Carolina and Georgia as to the right to the said territory. The provision is as follows: "We have also, with the advice of our Privy Council aforesaid, annexed to our province of Georgia, all lands lying between the rivers Altamaha and St. Mary's." Thirteen years later the Colonies declared their independence, and, as was natural, each claimed jurisdiction over areas previously determined by royal charters, proclamations, &c. At this time Georgia's claims were bounded on the east by the Atlantic Ocean and the Savannah river; on the north by a line passing through the head waters of said river to the Mississippi; on the west by the Mississippi river; and its southern boundary was one with that of the United States. Her title to all of this territory was the charter of 1732, King George III's proclamation of Oct. 7, 1763, extending the area as provided by said charter, and a commission[85] to Governor Wright Jan. 20, 1764, which gave him jurisdiction as far west as the Mississippi and as far south as the thirty-first degree of north latitude.[86]
Acting upon these claims, in 1785 the legislature of Georgia established the County of Bourbon in the extreme southwestern limit of her claim, and 1788 authorized the sale of large bodies of land lying between the Tombigbee and the Mississippi rivers to certain companies known as Virginia Yazoo, South Carolina Yazoo, and the Tennessee Yazoo. These sales were made; but when the State Treasurer refused to accept Georgia bills of credit in payment, the Virginia company withdrew the moneys that she had previously paid and the South Carolina Company brought suit against Georgia in the supreme court of the United States; but the ratification of the eleventh amendment to the Federal Constitution, privileging a state from being sued, cut short the suit.[87]
In 1795 another act was passed authorizing the sale of these lands, but on investigation it was found that many members of the Legislature—in fact all the members voting for the sale except one—were interested in these sales in a pecuniary way and a third Legislature, 1796, declared the act of the previous legislature null and void, because obtained by fraud and corruption, and the records of all the sales and conveyances made under it were blotted out and destroyed.
This, however, did not vitiate the titles of these companies to said lands.[88] The supreme court of the United States decided that the act of the Georgia legislature in repealing the prior act for the sale of the land was unconstitutional and void, was in violation of a contract, and that the titles of claimants were good and valid.[89]
In the midst of all this confusion the United States planted the Mississippi territory with boundaries as given above, justifying her right to do so in her belief that these lands did not belong to Georgia or to any other state at the time of the signing of the peace treaty in 1783, but to the United States in common as the result of their combined effort in establishing independence. In deference, however, to Georgia's claims, Congress in authorizing the establishment of a government in the Mississippi territory provided, "That the establishment of this government shall in no respect impair the right of the state of Georgia, or of any person or persons, either to the jurisdiction or the soil of the said territory; but the rights and claims of the said state, and all persons interested, are hereby declared to be as firm and available as if this act had never been made."
Section I. of this act is as follows: "That the President of the United States be, and he hereby is, authorized to appoint three commissioners, any two of whom shall have power to adjust and determine, with such commissioners as may be appointed under the legislative authority of the state of Georgia, all interfering claims of the United States and that state, to territory situated west of the river Chattahoochee, north of the thirty-first degree of north latitude, and south of the cession made to the United States by South Carolina; and also to receive any proposals for the relinquishment or cession of the whole or any part of the other territory claimed by the state of Georgia, and out of the ordinary jurisdiction thereof."[90]
To all this Georgia protested vigorously and asserted her right to the land in question. Commissioners were, however appointed as provided. They were not long in reaching an agreement, which led to the cession of these lands to the United States. The terms were about as follows: The United States gave Georgia in exchange for these lands, a strip about twelve miles wide now forming the northern part of Georgia; agreed to extinguish the Indian titles within her limits; to admit the ceded territory into the Union as a state, when the population should number sixty thousand souls; to confirm all grants recognized by Georgia as legal; to set apart five million acres to satisfy claims such as those of the Yazoo companies and other companies which Georgia did not consider legal; and to pay a million and a quarter dollars to the state of Georgia from the proceeds of lands sold in the said district.[91] All this having been agreed to by Congress, the cession was formally made in 1802 and two years later, together with the South Carolina Cession lying just to its north, became the Mississippi territory. But the contest did not end until Congress voted eight million dollars in 1814 in land script to satisfy all claimants.[92]
The territory had not, however, reached its full growth, for there was yet to be added the strip south of thirty-first degree of north latitude and lying between the Perdido and the Pearl rivers. The title to this land, and in fact all British West Florida, was a subject of dispute between the United States and Spain. This dispute had its origin in the indefiniteness of boundaries as provided by the treaties given by Great Britain to said powers on Sept. 3, 1783. The United States claimed the thirty-first degree of north latitude as her southern boundary, while Spain claimed as far north as thirty-two degrees and thirty minutes north latitude as her northern boundary. The land here in dispute, it will be observed, was that of the original Mississippi territory. To these lands Spain waived claim by treaty, Oct. 27, 1795.[93]
On April 30, 1803, France sold to the United States Louisiana. This purchase brought in question the title of the remainder of British West Florida, i. e., that portion lying south of the thirty-first. This question had its origin in the indefiniteness of the boundary of Louisiana, and although the matter was not definitely settled until 1819, when Florida was purchased of Spain, the United States disregarded Spain's claim, and on April 14, 1812 added that portion west of Pearl river to Louisiana, and on May 14, 1812 the remainder was incorporated with the Mississippi territory.[94]
With this act the Mississippi territory reached its full growth. It embraced all the territory which now makes up the states of Mississippi and Alabama. It had been just fourteen years, one month and seven days since the original territory was organized. It is estimated that 33,956 square miles were included in that territory. To the north of it 54,622 square miles had been added, and to the south 10,482 square miles, (of which 4,482 square miles is water.)[95] In all the Mississippi territory embraced 99,060 square miles. Clause four of the act organizing the territory is as follows: "The territory hereby constituted one district, for the purpose of government, may, at the discretion of Congress, be hereafter divided into two districts, with separate territorial governments in each, similar to that established by the act. Congress exercised the right herein reserved, and on Dec. 10, 1817 the western portion of that territory embracing 46,810 square miles became the State of Mississippi, and the proud commonwealth joined the sisterhood of States."