Encyclopaedia Britannica, 11th Edition, "Geoponici" to "Germany" / Volume 11, Slice 7

by Various

Georgia’s policy in the formation of the United States government was strongly national. In the constitutional convention of 1787 its delegates almost invariably gave their support to measures designed to strengthen the central government. Georgia was the fourth state to ratify (January 2, 1788), and one of the three that ratified unanimously, the Federal Constitution. But a series of conflicts between the Federal government and the state government caused a decline of this national sentiment and the growth of States Rights theories.

First of these was the friction involved in the case, before the Supreme Court of the United States, of Chisolm v. Georgia, by which the plaintiff, one Alexander Chisolm, a citizen of South Carolina, secured judgment in 1793 against the state of Georgia (see 2 Dallas Reports 419). In protest, the Georgia House of Representatives, holding that the United States Supreme Court had no constitutional power to try suits against a sovereign state, resolved that any Federal marshal who should attempt to execute the court’s decision would be “guilty of felony, and shall suffer death, without benefit of clergy, by being hanged.” No effort was made to execute the decision, and in 1798 the Eleventh Amendment to the Federal Constitution was adopted, taking from Federal courts all jurisdiction over any suit brought “against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.”

The position of Congress and of the Supreme Court with reference to Georgia’s policy in the Yazoo Frauds also aroused distrust of the Federal government. In 1795 the legislature granted for $500,000 the territory extending from the Alabama and Coosa rivers to the Mississippi river and between 35° and 31° N. lat. (almost all of the present state of Mississippi and more than half of the present state of Alabama) to four land companies, but in the following year a new legislature rescinded the contracts on the ground that they had been fraudulently and corruptly made, as was probably the case, and the rescindment was embodied in the Constitution of 1798., In the meantime the United States Senate had appointed a committee to inquire into Georgia’s claim to the land in question, and as this committee pronounced that claim invalid, Congress in 1800 established a Territorial government over the region. The legislature of Georgia remonstrated but expressed a willingness to cede the land to the United States, and in 1802 the cession was ratified, it being stipulated among other things that the United States should pay to the state $1,250,000, and should extinguish “at their own expense, for the use of Georgia, as soon as the same can be peaceably obtained on reasonable terms,” the Indian title to all lands within the state of Georgia. Eight years later the Supreme Court of the United States decided in the case of Fletcher v. Peck (6 Cranch 87) that such a rescindment as that in the new state constitution was illegal, on the ground that a state cannot pass a law impairing the obligation of contracts; and at an expense of more than four millions of dollars the Federal government ultimately extinguished all claims to the lands.

This decision greatly irritated the political leaders of Georgia, and the question of extinguishing the Indian titles, on which there had long been a disagreement, caused further and even more serious friction between the Federal and state authorities. The National government, until the administration of President Jackson, regarded the Indian tribes as sovereign nations with whom it alone had the power to treat, while Georgia held that the tribes were dependent communities with no other right to the soil than that of tenants at will. In 1785 Georgia made treaties with the Creeks by which those Indians ceded to the state their lands S. and W. of the Altamaha river and E. of the Oconee river, but after a remonstrance of one of their half-breed chiefs Congress decided that the cessions were invalid, and the National government negotiated, in 1790, a new treaty which ceded only the lands E. of the Oconee. The state appealed to the National government to endeavour to secure further cessions, but none had been made when, in 1802, the United States assumed its obligation to extinguish all Indian titles within the state. Several cessions were made between 1802 and 1824, but the state in the latter year remonstrated in vigorous terms against the dilatory manner in which the National government was discharging its obligation, and the effect of this was that in 1825 a treaty was negotiated at Indian Springs by which nearly all the Lower Creeks agreed to exchange their remaining lands in Georgia for equal territory beyond the Mississippi. But President J.Q. Adams, learning that this treaty was not approved by the entire Creek nation, authorized a new one, signed at Washington in 1826, by which the treaty of 1825 was abrogated and the Creeks kept certain lands W. of the Chattahoochee. The Georgia government, under the leadership of Governor George M. Troup (1780-1856), had proceeded to execute the first treaty, and the legislature declared the second treaty illegal and unconstitutional. In reply to a communication of President Adams early in 1827 that the United States would take strong measures to enforce its policy, Governor Troup declared that he felt it his duty to resist to the utmost any military attack which the government of the United States should think proper to make, and ordered the military companies to prepare to resist “any hostile invasion of the territory of this state.” But the strain produced by these conditions was relieved by information that new negotiations had been begun for the cession of all Creek lands in Georgia. These negotiations were completed late in the year.

There was similar conflict in the relation of the United States and Georgia with the Cherokees. In 1785 the Cherokees of Georgia placed themselves under the protection of the Federal government, and in 1823 their chiefs, who were mostly half-breeds, declared: “It is the fixed and unalterable determination of this nation never again to cede one foot more of land,” and that they could not “recognize the sovereignty of any state within the limits of their territory”; in 1827 they framed a constitution and organized a representative government. President Monroe and President J.Q. Adams treated the Cherokees with the courtesy due to a sovereign nation, and held that the United States had done all that was required to meet the obligation assumed in 1802. The Georgia legislature, however, contended that the United States had not acted in good faith, declared that all land within the boundaries of the state belonged to Georgia, and in 1828 extended the jurisdiction of Georgia law to the Cherokee lands. Then President Jackson, holding that Georgia was in the right on the Indian question, informed the Cherokees that their only alternative to submission to Georgia was emigration. Thereupon the chiefs resorted to the United States Supreme Court, which in 1832 declared that the Cherokees formed a distinct community “in which the laws of Georgia have no force,” and annulled the decision of a Georgia court that had extended its jurisdiction into the Cherokee country (Worcester v. Georgia). But the governor of Georgia declared that the decision was an attempt at usurpation which would meet with determined resistance, and President Jackson refused to enforce the decree. The President did, however, work for the removal of the Indians, which was effected in 1838.

On account of these conflicts a majority of Georgians adopted the principles of the Democratic-Republican party, and early in the 19th century the people were virtually unanimous in their political ideas. Local partisanship centred in two factions: one, led by George M. Troup, which represented the interests of the aristocratic and slave-holding communities; the other, formed by John Clarke (1766-1832) and his brother Elijah, found support among the non-slave-holders and the frontiersmen. The cleavage of these factions was at first purely personal; but by 1832 it had become one of principle. Then the Troup faction under the name of States Rights party, endorsed the nullification policy of South Carolina, while the Clarke faction, calling itself a Union party, opposed South Carolina’s conduct, but on the grounds of expediency rather than of principle. On account, however, of its opposition to President Jackson’s attitude toward nullification, the States Rights party affiliated with the new Whig party, which represented the national feeling in the South, while the Union party was merged into the Democratic party, which emphasized the sovereignty of the states.

The activity of Georgia in the slavery controversy was important. As early as 1835 the legislature adopted a resolution which asserted the legality of slavery in the Territories, a principle adopted by Congress in the Kansas Bill in 1854, and in 1847 ex-Governor Wilson Lumpkin (1783-1870) advocated the organization of the Southern states to resist the aggression of the North. Popular opinion at first opposed the Compromise of 1850, and some politicians demanded immediate secession from the Union; and the legislature had approved the Alabama Platform of 1848. But Congressmen Robert Toombs, Alexander H. Stephens, Whigs, and Howell Cobb, a Democrat, upon their return from Washington, contended that the Compromise was a great victory for the South, and in a campaign on this issue secured the election of such delegates to the state convention (at Milledgeville) of 1850 that that body adopted on the 10th of December, by a vote of 237 to 19, a series of conciliatory resolutions, since known as the “Georgia Platform,” which declared in substance: (1) that, although the state did not wholly approve of the Compromise, it would “abide by it as a permanent adjustment of this sectional controversy,” to preserve the Union, as the thirteen original colonies had found compromise necessary for its formation; (2) that the state “will and ought to resist, even (as a last resort) to the disruption of every tie that binds her to the Union,” any attempt to prohibit slavery in the Territories or a refusal to admit a slave state. The adoption of this platform was accompanied by a party reorganization, those who approved it organizing the Constitutional Union party, and those who disapproved, mostly Democrats, organizing the Southern Rights party; the approval in other states of the Georgia Platform in preference to the Alabama Platform (see [Alabama]) caused a reaction in the South against secession. The reaction was followed for a short interval by a return to approximately the former party alignment, but in 1854 the rank and file of the Whigs joined the American or Know-Nothing party while most of the Whig leaders went over to the Democrats. The Know-Nothing party was nearly destroyed by its crushing defeat in 1856 and in the next year the Democrats by a large majority elected for governor Joseph Emerson Brown (1821-1894) who by three successive re-elections was continued in that office until the close of the Civil War. Although Governor Brown represented the poorer class of white citizens he had taken a course in law at Yale College, had practised law, and at the time of his election was judge of a superior court; although he had never held slaves he believed that the abolition of slavery would soon result in the ruin of the South, and he was a man of strong convictions. The Kansas question and the attitude of the North toward the decision in the Dred Scott case were arousing the South when he was inaugurated the first time, and in his inaugural address he clearly indicated that he would favour secession in the event of any further encroachment on the part of the North. In July 1859 Senator Alfred Iverson (1798-1874) declared that in the event of the election of a Free-Soil resident in 1860 he would favour the establishment of an independent confederacy; later in the same year Governor Brown expressed himself to a similar effect and urged the improvement of the military service. On the 7th of November following the election of President Lincoln the governor, in a special message to the legislature, recommended the calling of a convention to decide the question of secession, and Alexander H. Stephens was about the only prominent political leader who contended that Lincoln’s election was insufficient ground for such action. On the 17th of November the legislature passed an act directing the governor to order an election of delegates on the 2nd of January 1861 and their meeting in a convention on the 16th. On the 19th this body passed an ordinance of secession by a vote of 208 to 89. Already the first regiment of Georgia Volunteers, under Colonel Alexander Lawton (1818-1896) had seized Fort Pulaski at the mouth of the Savannah river and now Governor Brown proceeded to Augusta and seized the Federal arsenal there. Toward the close of the same year, however, Federal warships blockaded Georgia’s ports, and early in 1862 Federal forces captured Tybee Island, Fort Pulaski, St Mary’s, Brunswick and St Simon Island. Georgia had responded freely to the call for volunteers, but when the Confederate Congress had passed, in April 1862, the Conscript Law which required all white men (except those legally exempted from service) between the ages of 18 and 35 to enter the Confederate service, Governor Brown, in a correspondence with President Davis which was continued for several months, offered serious objections, his leading contentions being that the measure was unnecessary as to Georgia, unconstitutional, subversive of the state’s sovereignty, and therefore “at war with the principles for the support of which Georgia entered into this revolution.”

In 1863 north-west Georgia was involved in the Chattanooga campaign. In the following spring Georgia was invaded from Tennessee by a Federal army under General William T. Sherman; the resistance of General Joseph E. Johnston and General J.B. Hood proved ineffectual; and on the 1st of September Atlanta was taken. Then Sherman began his famous “march to the sea,” from Atlanta to Savannah, which revealed the weakness of the Confederacy. In the spring of 1865, General J.H. Wilson with a body of cavalry entered the state from Alabama, seized Columbus and West Point on the 16th of April, and on the 10th of May captured Jefferson Davis, president of the Confederacy, at Irwinville in Irwin county.

In accord with President Andrew Johnson’s plan for reorganizing the Southern States, a provisional governor, James Johnson, was appointed on the 17th of June 1865, and a state convention reformed the constitution to meet the new conditions, rescinding the ordinance of secession, abolishing slavery and formally repudiating the state debt incurred in the prosecution of the war. A governor and legislature were elected in November 1865, the legislature ratified the Thirteenth Amendment on the 9th of December and five days later the governor-elect was inaugurated. But both the convention and legislature incurred the suspicion and ill-will of Congress; the convention had congratulated the president on his policy, memorialized him on behalf of Jefferson Davis, and provided pensions for disabled Confederate soldiers and the widows of those who had lost their lives during the war, while the legislature passed apprenticeship, labour and vagrancy laws to protect and regulate the negroes, and rejected the Fourteenth Amendment. Although the civil rights were conferred upon the freedmen, Congress would not tolerate the political incapacity and social inferiority which the legislature had assigned to them, and therefore Georgia was placed under military government, as part of the third military district, by the Reconstruction Act of the 2nd of March 1867. Under the auspices of the military authorities registration of electors for a new state convention was begun and 95,168 negroes and 96,333 whites were registered. The acceptance of the proposition to call the convention and the election of many conscientious and intelligent delegates were largely due to the influence of ex-Governor Brown, who was strongly convinced that the wisest course for the South was to accept quickly what Congress had offered. The convention met in Atlanta on the 9th of December 1867 and by March 1868 had revised the constitution to meet the requirements of the Reconstruction Acts. The constitution was duly adopted by popular vote, and elections were held for the choice of a governor and legislature. Rufus Brown Bullock (b. 1834), Republican, was chosen governor, the Senate had a majority of Republicans, but in the House of Representatives a tie vote was cast for the election of a speaker. On the 21st of July the Fourteenth Amendment was ratified, and a section of the state constitution (which denied the power of state courts to entertain against any resident of the state suits founded on contracts existing on the 15th of June 1865) was repealed by the legislature in pursuance of the congressional “Omnibus Bill” of the 25th of June 1868, and as evidence of the restoration of Georgia to the Union the congressmen were seated on the 25th of July in that year.

But in September of the same year the Democrats in the state legislature, being assisted by some of the white Republicans, expelled the 27 negro members and seated their defeated white contestants, relying upon the legal theory that the right to hold office belonged only to those citizens designated by statute, the common law or custom. In retaliation the 41st Congress excluded the state’s representatives on a technicality, and, on the theory that the government of Georgia was a provisional organization, passed an act requiring the ratification of the Fifteenth Amendment before the admission of Georgia’s senators and representatives. The war department now concluded that the state was still subject to military authority, and placed General A.H. Terry in command. With his aid, and that of Congressional requirements that all members of the legislature must take the Test Oath and none be excluded on account of colour, a Republican majority was secured for both houses, and the Fifteenth Amendment was ratified. Georgia was now finally admitted to the Union by Act of Congress, on the 15th of July 1870.