Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899
Mississippi Historical Society
Mississippi -- History
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]
Public-domain text, read in full here on John Shaqi.
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