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Untitled - the Digital Library of Georgia

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GEORGIA AND GEORGIANS 389<br />

to render a man. obnoxious was to say that he was connected with <strong>the</strong><br />

Yazoo fraud. For this revolution in public sentiment credit must be<br />

given to an individual who stood pre-eminent in <strong>the</strong> state at this time—<br />

<strong>the</strong> embodiment <strong>of</strong> its awakened conscience—Senator James Jackson.<br />

Divested <strong>of</strong> all <strong>the</strong> qualifying adjectives with which we are wont to speak<br />

<strong>of</strong> this transaction, it was nothing more or less than a deal in wild lands,<br />

with which some <strong>of</strong> <strong>the</strong> leading men <strong>of</strong> <strong>the</strong> state were connected. The<br />

Supreme Court <strong>of</strong> <strong>the</strong> United States adopted this view <strong>of</strong> <strong>the</strong> matter.<br />

Such was likewise <strong>the</strong> position taken by Hon. N. J. Hammond, in a<br />

strong paper read by him before <strong>the</strong> <strong>Georgia</strong> Bar Association at Warm<br />

Springs, on July 2, 1896. There never lived a man whose moral sense<br />

was more acute than Colonel Hammond's. He was not only a man <strong>of</strong><br />

high character but a man <strong>of</strong> vigorous intellect, who had served <strong>the</strong> state<br />

as attorney-general and as member <strong>of</strong> Congress. In <strong>the</strong> national arena,<br />

Colonel Hammond was <strong>the</strong> recognized peer <strong>of</strong> men like John G. Carlisle<br />

and Samuel J. Randall. His paper before <strong>the</strong> <strong>Georgia</strong> Bar Association<br />

was read on <strong>the</strong> centennial anniversary <strong>of</strong> <strong>the</strong> Rescinding Act. He ap<br />

proached <strong>the</strong> subject, <strong>the</strong>refore, in an academic spirit. But Colonel<br />

Hammond, after carefully sifting and weighing all <strong>the</strong> evidence, was<br />

unable to escape, <strong>the</strong> conclusion that Senator Jackson, a consummate<br />

political strategist, was merely playing to <strong>the</strong> grandstand in <strong>the</strong> dramatic<br />

fight which he made upon <strong>the</strong> Yazooists. But more <strong>of</strong> this later.<br />

To obtain an adequate understanding <strong>of</strong> this dramatic chapter, we<br />

must go back to <strong>the</strong> Treaty <strong>of</strong> Paris. This instrument signed in 1783 left<br />

<strong>Georgia</strong> in nominal possession <strong>of</strong> an extensive area reaching back to <strong>the</strong><br />

Mississippi River. But <strong>the</strong>re were no white settlements in this western<br />

domain. Only a small portion <strong>of</strong> <strong>Georgia</strong>'s territory lying east <strong>of</strong> <strong>the</strong><br />

Oconee River was <strong>the</strong>n occupied by <strong>the</strong> whites. There was quite a belt<br />

<strong>of</strong> land <strong>the</strong>n known as British West Florida, but afterwards confirmed<br />

to <strong>Georgia</strong>, <strong>the</strong> titles to which were at this time disputed by Spain and<br />

also by <strong>the</strong> United States Government, as we have already seen in a<br />

former chapter. South Carolina likewise claimed <strong>the</strong>se lands as a part<br />

<strong>of</strong> <strong>the</strong> territory described in her own charter. In fact <strong>the</strong> state's owner<br />

ship <strong>of</strong> all <strong>the</strong>se western lands according to Mr. Phillips consisted<br />

merely <strong>of</strong> <strong>the</strong> right to take possession <strong>of</strong> <strong>the</strong>m after extinguishing <strong>the</strong><br />

Indian titles.*<br />

Moreover, <strong>the</strong>se lands were <strong>of</strong> little value. It was long before .<strong>the</strong><br />

days <strong>of</strong> <strong>the</strong> iron horse, <strong>of</strong> <strong>the</strong> electric telegraph, and <strong>of</strong> <strong>the</strong> various mod<br />

ern agencies <strong>of</strong> expansion. In fact, most <strong>of</strong> <strong>the</strong> states considered it a<br />

wise thing to rid <strong>the</strong>mselves <strong>of</strong> trouble for <strong>the</strong> future by ceding to <strong>the</strong><br />

general Government as early as 1787 all claims held by <strong>the</strong>m to western<br />

lands. But <strong>Georgia</strong> was not willing to make an unqualified gift <strong>of</strong> her<br />

unoccupied domain. She <strong>of</strong>fered to surrender a belt <strong>of</strong> territory 140<br />

miles in width, occupying <strong>the</strong> lower half <strong>of</strong> her territory west <strong>of</strong> <strong>the</strong><br />

Chattahoochee. But conditions were attached to <strong>the</strong> <strong>of</strong>fer. The state<br />

was to be confirmed in <strong>the</strong> ownership <strong>of</strong> lands which it did not cede<br />

and was to receive a reimbursement <strong>of</strong> $171,428, money expended in<br />

quieting <strong>the</strong> Indians. Congress rejected <strong>the</strong> <strong>of</strong>fer <strong>of</strong> <strong>Georgia</strong>, but<br />

agreed to accept a cession, if all <strong>the</strong> lands west <strong>of</strong> <strong>the</strong> Chattahoochee<br />

* "<strong>Georgia</strong> and State Bights," U. B. Phillips, p. 29.

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