In 1795 the land companies, encouraged by the certainty that the United States would speedily take possession of the Yazoo territory, again sprang into life. In that year four, the Georgia, the Georgia-Mississippi, the Tennessee, and the Upper Mississippi, companies obtained grants from the Georgia Legislature to a territory of over thirty millions of acres, for which they paid but five hundred thousand dollars, or less than two cents an acre. Among the grantees were many men of note, congressmen, senators, even judges. The grants were secured by the grossest corruption, every member of the Legislature who voted for them, with one exception, being a stockholder in some one of the companies, while the procuring of the cessions was undertaken by James Gunn, one of the two Georgia Senators. The outcry against the transaction was so universal throughout the State that at the next session of the Legislature, in 1796, the acts were repealed and the grants rescinded. This caused great confusion, as most of the original grantees had hastily sold out to third parties; the purchases being largely made in South Carolina and Massachusetts. Efforts were made by the original South Carolina Yazoo Company to sue Georgia in the Federal Courts, which led to the adoption of the Constitutional provision forbidding such action.
Their Failure.
When in 1802, Georgia ceded the territory in question, including all of what is now middle and northern Alabama and Mississippi, to the United States for the sum of twelve hundred and fifty thousand dollars, the National Government became heir to these Yazoo difficulties. It was not until 1814 that the matter was settled by a compromise, after interminable litigation and legislation. [Footnote: American State Papers, Public Lands, I., pp. 99, 101, 111, 165, 172, 178; Haskin's "Yazoo Land Companies." In Congress, Randolph, on behalf of the ultra states'-rights people led the opposition to the claimants, whose special champions were Madison and the northern democrats. Chief Justice Marshall in the case of Fletcher vs. Peck, decided that the rescinding act impaired the obligation of contracts, and was therefore in violation of the Constitution of the United States; a decision further amplified in the Dartmouth case, which has determined the national policy in regard to public contracts. This decision was followed by the passage of the Compromise Act by Congress in 1814, which distributed a large sum of money obtained from the land sales in the territory, in specified proportions among the various claimants.] The land companies were more important to the speculators than to the actual settlers of the Mississippi; nevertheless, they did stimulate settlement, in certain regions, and therefore increased by just so much the western pressure upon Spain.
Georgian Filibusterers.
Some of the aggressive movements undertaken by the Americans were of so loose a nature that it is hard to know what to call them. This was true of Elijah dark's company of Georgia freebooters in 1794. Accompanied by large bodies of armed men, he on several occasions penetrated into the territory southwest of the Oconee. He asserted at one time that he was acting for Georgia and in defence of her rights to the lands which the Georgians claimed under the various State treaties with the Indians, but which by the treaty of New York had been confirmed to the Creeks by the United States. On another occasion he entitled his motley force the Sans Culottes, and masqueraded as a major general of the French army, though the French Consul denied having any connection with him. He established for the time being a little independent government, with blockhouses and small wooden towns, in the middle of the unceded hunting grounds, and caused great alarm to the Spaniards. The frontiersmen sympathized with him, and when he was arrested in Wilkes County the Grand Jury of the county ordered his discharge, and solemnly declared that the treaty of New York was inoperative and the proclamation of the Governor of Georgia against Clark, illegal. This was too much for the patience of the Governor. He ordered out the State troops to co-operate with the small Federal force, and Clark and his men were ignominiously expelled from their new government and forced to return to Georgia. [Footnote: Steven's "Georgia," II., 401.]
Benefit of Washington's Administration to the West.
In such a welter of intrigue, of land speculation, and of more or less piratical aggression, there was immanent danger that the West would relapse into anarchy unless a firm government were established, and unless the boundaries with England and Spain were definitely established. As Washington's administration grew steadily in strength and in the confidence of the people the first condition was met. The necessary fixity of boundary was finally obtained by the treaties negotiated through John Jay with England, and through Thomas Pinckney with Spain.
Jay's Treaty.
Jay's treaty aroused a perfect torrent of wrath throughout the country, and nowhere more than in the West. A few of the coolest and most intelligent men approved it, and rugged old Humphrey Marshall, the Federalist Senator from Kentucky, voted for its ratification; but the general feeling against it was intense. Even Blount, who by this time was pretty well disgusted with the way he had been treated by the Central Government, denounced it, and expressed his belief that Washington would have hard work to explain his conduct in procuring its ratification. [Footnote: Blount MSS., Blount to Smith, Aug. 24, 1795.]
Folly of the Westerners.