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Untitled - the Digital Library of Georgia

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396 GEORGIA AND GEORGIANS<br />

cited as showing that all lands lying westward <strong>of</strong> <strong>the</strong> fountain heads<br />

<strong>of</strong> rivers flowing into <strong>the</strong> Atlantic were reserved to <strong>the</strong> crown <strong>of</strong> Eng<br />

land and exempted from <strong>Georgia</strong>'s grant. On <strong>the</strong> o<strong>the</strong>r hand, under<br />

<strong>the</strong> Treaty <strong>of</strong> Paris, in 1783, <strong>Georgia</strong> remained in undisputed posses<br />

sion <strong>of</strong> all her western lands, so far at least as England was concerned.<br />

But <strong>the</strong> Federal Government itself was a claimant to at least a part <strong>of</strong><br />

this domain; and in 1798 Congress passed an act providing for a govern<br />

ment <strong>of</strong> <strong>the</strong> Mississippi Territory, without waiting for an expression<br />

<strong>of</strong> consent from <strong>the</strong> state authorities. <strong>Georgia</strong> filed a remonstrance to<br />

this action; but <strong>the</strong>re was no redress. Finally to make an end <strong>of</strong> mat<br />

ters, <strong>Georgia</strong> was forced into ceding to <strong>the</strong> general government all <strong>of</strong><br />

her western lands. The conditions <strong>of</strong> this grant which conveyed to <strong>the</strong><br />

Federal Government a domain containing 80,000,000 <strong>of</strong> acres were as<br />

follows:<br />

1. <strong>Georgia</strong> was to receive from <strong>the</strong> United States Government out<br />

<strong>of</strong> <strong>the</strong> proceeds arising from a sale <strong>of</strong> <strong>the</strong>se lands <strong>the</strong> sum <strong>of</strong> $1,250,000.<br />

2. All persons settled in this territory were to be given valid titles<br />

by <strong>the</strong> United States Government.<br />

3. These ceded lands were to constitute a public domain for <strong>the</strong><br />

benefit <strong>of</strong> all <strong>the</strong> states, to be disposed <strong>of</strong> as o<strong>the</strong>r public lands.<br />

4. The Federal Government at its own expense was to extinguish<br />

for <strong>the</strong> use <strong>of</strong> <strong>Georgia</strong> all Indian titles' to <strong>the</strong> remaining lands unceded.<br />

This was to be peaceably done, and on terms just to all parties, but with<br />

<strong>the</strong> utmost dispatch consistent with <strong>the</strong>se restrictions.<br />

5. These ceded lands were to be erected into a state and admitted<br />

into <strong>the</strong> Union whenever <strong>the</strong> requisite population <strong>of</strong> 60,000 inhabitants<br />

was reached.<br />

This treaty <strong>of</strong> cession was consummated on April 24, 1802, and out<br />

<strong>of</strong> <strong>the</strong> territory thus acquired were afterwards erected <strong>the</strong> states <strong>of</strong> Ala<br />

bama and Mississippi.<br />

<strong>Georgia</strong> was represented in this important transaction by <strong>the</strong> follow<br />

ing commissioners: Abraham Baldwin, James Jones, Benjamin Talia-<br />

ferro, and John Milledge.<br />

At <strong>the</strong> same time, <strong>the</strong> United States Government ceded to <strong>Georgia</strong> a<br />

twelve-mile strip, on her nor<strong>the</strong>rn border, thus making <strong>the</strong> thirty-fifth<br />

parallel <strong>of</strong> latitude <strong>the</strong> state's boundary line on <strong>the</strong> north.<br />

Without delay, all money paid into <strong>the</strong> state treasury by <strong>the</strong> Yazoo<br />

purchasers was transferred to <strong>the</strong> United States Government, thus end<br />

ing <strong>Georgia</strong>'s connection with <strong>the</strong> Yazoo litigation.<br />

It was fur<strong>the</strong>r stipulated in <strong>the</strong> above agreement that a treaty was<br />

to be made with <strong>the</strong> Creek Indians at once, looking to a cession <strong>of</strong> land;<br />

and this promise was redeemed at Fort Wilkinson within a few months,<br />

at which time two bodies <strong>of</strong> land were acquired, one west <strong>of</strong> <strong>the</strong> Oconee<br />

River, and <strong>the</strong> o<strong>the</strong>r extending in a belt from <strong>the</strong> Altamaha River to <strong>the</strong><br />

St. Marys.<br />

To quote Mr. Phillips, <strong>the</strong> chief immediate effect <strong>of</strong> this cession <strong>of</strong><br />

<strong>Georgia</strong>'s western lands was to place within <strong>the</strong> sphere <strong>of</strong> <strong>the</strong> Federal<br />

Government <strong>the</strong> whole problem <strong>of</strong> quieting <strong>the</strong> Yazoo claims. <strong>Georgia</strong> was<br />

relieved <strong>of</strong> this problem; but to <strong>the</strong> Federal Government it continued<br />

for years to be a source <strong>of</strong> endless contention. Congress was divided<br />

on <strong>the</strong> questio*n <strong>of</strong> giving relief to <strong>the</strong> Yazoo complainants. President

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