History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
This series of measures completed the imbroglio. No man could say to
whom the lands belonged. President Washington interposed on the part of
the central government; the Indians quietly kept possession; hundreds
of individuals in the Eastern States who had bought land-warrants
from the Yazoo companies, claimed their land; while Georgia ignored
President Washington, the Indians, the claimants, and the law,
insisting that as a sovereign State she had the right to sell her own
land, and to repudiate that sale for proper cause. In this case the
State maintained that the sale was vitiated by fraud.
Doubtless the argument had force. If a sovereign State had not the
power to protect itself from its own agents, it had, in joining the
Union, entered into a relation different from anything hitherto
supposed. Georgia put the utmost weight on the Rescinding Act as a
measure of State-rights, and the true Virginia school made common
cause with Georgia. Republicans who believed in the principles of 1798
considered the maintenance of the Rescinding Act a vital issue.
At length Congress took the matter in hand. Madison, Gallatin, and Levi
Lincoln were appointed commissioners to make a settlement; and Senator
James Jackson, the anti-Yazoo leader, supported by his colleague
Senator Baldwin and by Governor Milledge, met them on behalf of
Georgia,--a formidable array of high officials, whose whole authority
was needed to give their decision weight. April 24, 1802, they reached
a settlement so liberal to Georgia that Jackson and his associates
took the risk of yielding more than they liked to concede. The western
boundary was fixed to please the State; an immediate cession of land
was obtained from the Indians, and the United States undertook to
extinguish at their own expense, as early as they could reasonably do
it, the Indian title to all lands within the limits of Georgia; the sum
of $1,250,000 was to be paid to the State from the first net proceeds
of land-sales; the ceded territory was to be admitted as a State,
with slavery, whenever its population should reach sixty thousand;
and in consideration for these advantages the Georgians unwillingly
agreed that five million acres should be set aside for the purpose
of compromising claims. The commissioners did not venture to affirm
the legality of the Yazoo sale, but, while expressing the opinion
that “the title of the claimants cannot be supported,” declared that
“the interest of the United States, the tranquillity of those who may
hereafter inhabit that territory, and various equitable considerations
which may be urged in favor of most of the present claimants, render
it expedient to enter into a compromise on reasonable terms.” With
this concession to the principle of State-rights, the Georgians
were appeased, and the commissioners hoped that all parties would be
satisfied. The brunt of the negotiation fell upon Gallatin; but Madison
found no difficulty in giving his support to the compromise.
Public-domain text, read in full here on John Shaqi.
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