Untitled - the Digital Library of Georgia

GEORGIA AND GEORGIANS 395
western lands might not have been an unmixed evil, since the plan of
having them colonized in large bodies offered superior advantages in
some respects to the policy of dividing them into small parcels as re
quired under the new constitution of 1798. To show further that the
sum involved was in itself no indication of fraud, as land was then
valued, he cites the mere song for which the whole vast Territory of
Louisiana was acquired by President Jefferson in 1803 from the Emperor
Napoleon.
James Jackson became the popular hero. In 1798, he succeeded
Jared Irwin as governor of the state. While occupying the executive
chair, he refused to draw a warrant in favor of George and Robert
Watkins, who had just completed a digest of the laws of Georgia, to
which the state was a subscriber. This was the earliest compilation of
Georgia's statutes. But the.Watkins Digest contained the forbidden
Yazoo Act; and, though it carried the Rescinding Act also, it was still
obnoxious to Governor Jackson. He, therefore, remained obdurate.
Regarding the Yazoo Act as a usurpation, he did not wish to see it
monumentalized. Because of Governor Jackson's unsparing opposition,
the Watkins Digest was never given legislative adoption, though a small
appropriation was afterwards voted.
Capt. Horatio Marbury, then secretary of state, with two other
commissioners, was subsequently'authorized to make a digest. William
H. Crawford and George Watkins were named to assist him; but the
latter, on account of his aggrieved feelings, declined to serve on this
commission. Marbury and Crawford prosecuted the task alone; and in
due time completed the undertaking. It is known to this day as "Mar-
bury and Crawford's Digest of Georgia Laws."
Governor Jackson, though devoid of fear, was not without vindict-
iveness. He showed no quarter to his enemies. Pursuing an old grudge,
he caused Colonel Watkins to be put under arrest and tried before a
court-martial for having taken without the consent of the commander-
in-chief—himself—certain old Indian guns belonging to the Augusta
arsenal, with which Watkins armed Ms militia on muster day. AYhen
Maj. John Berrien, a Revolutionary patriot, then treasurer of the state,
was victimized by a dishonest clerk, who made way with some of the
funds offered to the state by the Yazoo purchasers, Governor Jackson
marked him for sacrifice. It was proof to his mind of complicity with
the Yazooists. Major Berrien made the loss good. But Governor Jack
son insisted on a trial of impeachment, the result of which was, of course,
a vindication for the treasurer.
But the Yazoo fraud did not become at once a closed incident.
Growing out of the Act of 1796 to rescind the sale, there was no end
of complications. Georgia stood by her guns and in the Constitution
of 1798 wrote her repudiation of the sale'into the state's organic law.
All money received for the land was order to be returned to purchasers
or held subject to demand.
Meanwhile Congress began to investigate the claims of Georgia to
these western lands. It will be remembered that President Washington
had addressed a communication to Congress on this subject. Protests
from purchasers began to furnish an additional spur. Those who had
bought these lands sought redress. The Royal Proclamation of 1763 was