Yazoo: The Native Roots of Frontier Populism in the Early Republic Ross W. Terry 3 May 2016 François Furstenberg, Adviser THE JOHNS HOPKINS UNIVERSITY DEPARTMENT OF HISTORY Terry 2 “The last great purchase of land from the Indians, on the confines of Georgia, was at the rate of a cent per acre; one hundred acres for a dollar!”—William Priest, Travels in the United States of America, 1796. “Dragon Canoe is guilty…being proven by a jury of matrons in a court to be holden before the honorable judge Guillotine---the said Dragon Canoe ought to be punished with the pains of Rope and Gallows, to deter others from the like in the future.”1 This passage, from a newspaper editorial in May of 1795, is a bold and direct call for violence. This sentence and the editorial as a whole are a scathing indictment of public figures for a dereliction of duty and an abandonment of the welfare of the people. Perhaps most striking of all is the fact that it was not written, as the year, tone of the piece, and mention of a guillotine might suggest, in France. The editorial was rather a piece composed for the Augusta Chronicle of Augusta, Georgia, and the public officials in question were the state’s political leaders. The question that this article presents is therefore somewhat baffling. What drove Georgians in the mid-1790s to attack their own political leadership with such vitriol and implications of violence? The answer to this question is heavily intertwined with an area of land called the Yazoo. Over the course of the 1790s, citizens throughout the young republic, but particularly in Georgia, expressed much confusion, surprise, and shock over an area of land named after the Yazoo River, in the western portion of the present-day state of Mississippi. The lands occupied a great expanse of the southwestern United States, on the periphery of the newly independent union. The new nation, even without the massive acquisitions of land that would come decades later in the Louisiana Purchase and the Mexican Cession, still possessed vast areas south of the Great Lakes and east of the Mississippi River largely untouched by concentrated settlements, of which the Yazoo was one. The population of the United States at the time of the revolution was 1 Augusta Chronicle, May 2, 1795. Terry 3 only around two and a half million, and only land relatively close to the coast was densely inhabited. 2 Expansion of settlement westward toward the Mississippi had been inhibited during British colonial rule, especially after the Seven Years’ War and the Proclamation of 1763, which restricted settlement in British territory west of a line that roughly followed the Appalachian Mountains. Some had defied the crown’s ban and made the move west anyway, often in very hostile environments with little to no protection from Indian attack aside from what defense the settlers themselves could provide.3 Before the Revolution, other interests sought to circumvent the crown’s prohibition for financial ends. The vast backcountry became the subject of innumerable financial schemes, with investors hailing both from the eastern colonies and from Europe. These groups went by many names: speculator, landjobber, and financier. Some of the men involved in the financial speculation of the late eighteenth century would eventually become some of the most derided individuals in the United States and lambasted as “men who would ruin the country.”4 Throughout the 1790s, activity of speculation companies affected the politics of the new nation in dramatic fashion. In Georgia, the youngest and least developed of the first thirteen states, land speculation activities in the western part of the state’s territories caused a major political crisis that came to be called the Yazoo Land Fraud. The fraud was one of the most notable events in national history that decade, and it remains the most remarkable episode 2 United States Census Bureau, accessed 15 March 2016, https://www.census.gov/newsroom/releases/archives/facts_for_features_special_editions/cb10-ff12.html. 3 Matthew L. Rhoades, “Blood and Boundaries: Virginia Backcountry Violence and the Origins of the Quebec Act, 1758-1775,” West Virginia History 3, n. 2 (Fall 2009): 1-22, accessed 17 March 2016, http://www.jstor.org/stable/43265120. 4 Georgia Gazette (Savannah), October 1, 1795. Terry 4 in Georgia history after the American Revolution and prior to the Dahlonega gold rush and the Cherokee Removal in the 1830s. The furor around the Yazoo lands centered on the alleged bribery of members of the Georgia General Assembly to induce sale of lands to four companies at what was viewed as an unfairly low price. The existence of another, higher bid for the Yazoo land episode presented to the people a clear indication of collusion and bribery between the companies and the General Assembly. Outrage quickly spread throughout the state, and Georgia captured national attention as something of a pariah. The disgust over the Yazoo Act took on some of the trappings of a mass movement, with protest tactics evocative of the American Revolution. Grand juries acted in the capacity of public advocacy bodies and condemned the bill openly; other citizens whipped into righteous republican fury distributed signed broadsheet petitions in protest; and still others, enraged at Senator James Gunn for his support of the Yazoo Act and Jay’s Treaty, paraded an effigy of Gunn through the streets of Savannah and burned it.5 In an act that is unthinkable today, James Jackson, one of Georgia’s sitting United States senators, resigned his seat in response to the scandal to lead a crusade against the act and run for a seat in the state legislature.6 The “Yazooist” faction, as it came to be known, had been in control of the state legislature but was swept from power in the elections of 1795. The Jackson-led Republican faction, having emerged triumphant, promptly repealed the sale to the speculation companies, declaring it invalid by due to its origin in a corrupt and bribe-induced legislature. It was at this time that the most famous images of the scandal were produced: a fresh legislature, seeking to purge all possible stains of corruption from its reputation, physically destroyed all official records of legislative debates 5 George R. Lamplugh, Politics on the Periphery: Factions and Parties in Georgia, 1783-1806 (Newark: University of Delaware Press, 1986), 128. 6 George R Lamplugh, "James Jackson (1757-1806)," New Georgia Encyclopedia, September 15, 2014 accessed 6 Febraury 2016, http://www.georgiaencyclopedia.org/articles/government-politics/james-jackson-1757-1806. Terry 5 leading to passage of the act, records of the vote for the bill, and all copies of the act itself. The possibly apocryphal tale of an enterprising legislator using a magnifying glass to destroy the Yazoo papers with the power of the sun and divine providence became emblematic of the entire affair. Even while seeking to destroy records of a corrupt stain on the state’s honor, the new legislature, so it was popularly believed, used political posturing to both elevate its own position and provide an element of plausible deniability with regard to past involvement in similar affairs. Nevertheless, the anti-Yazooists proved to be extremely popular. James Jackson was soon catapulted to the governorship, which he retained until 1801.7 The Jackson faction dealt the nascent Federalist Party a severe blow to its power and reputation in Georgia. By public opinion and voice at the polls, state federalist leaders such as Governor George Matthews and Senator James Gunn were deemed guilty by association, and the party never truly recovered. Excepting a brief resurgence in Georgia in the 1798 congressional elections, due largely to fleeting southern Federalist popularity in the midst of the Quasi-War with France, the party was finished in Georgia, and to an extent, in the rest of the South as well. 7 Ibid. Terry 6 The Burning of the Yazoo Act, by C.H. Warren. Courtesy of the Georgia Historical Society. In the several accounts of the events of the fraud, the focus then abruptly shifts from consequences within Georgia to the national constitutional implications of the Yazoo scandal and the battle over the legality of the rescinding act, a controversy that was eventually resolved in the landmark 1810 United States Supreme Court decision of Fletcher v. Peck. The case, one of the signature decisions of the Marshall Court, declared a state law unconstitutional for the first time and declared that Georgia had no right to repeal the Yazoo Act and abrogate its contractual obligation to the Yazoo speculators, regardless of the conditions under which the original bill of sale was passed.8 Somewhat ironically, the case itself and the specific suit of Fletcher and Peck was largely seen to be a collusive one, mirroring the collusion some fifteen years prior between the General Assembly and the Yazoo Companies. It is here that the story of the Yazoo episode usually ends. “Fletcher v. Peck,” Oyez, Chicago-Kent College of Law at Illinois Tech, accessed 13 March 2016, https://www.oyez.org/cases/1789-1850/10us87. 8 Terry 7 The question that remains is what forces, aside from the allegations of corruption, caused the Yazoo scandal to erupt so ferociously into a very public condemnation of the land distribution policies carried out by the governor and General Assembly. It is tempting to explain the anger that made the Yazoo affair the Yazoo Land Fraud by the simple facts of corruption, bribery, and covert collusion. The fact that, aside from Fletcher v. Peck, Yazoo is remembered mostly as an almost comically blatant case of government corruption would tend to support this view. While there is some evidence to support this simple theory, the Anti-Yazooist and proDemocratic-Republican political revolution of 1795 and outbursts of violence that it inspired are difficult to connect to one case of government corruption. The notion of outrage over bribery is further weakened by the fact that the 1795 sale was far from the first attempt to dispose of the lands claimed by Georgia in the Old Southwest. The myriad speculatory schemes throughout the United States touched Georgia well before 1795, in cases such as the lesser-known Yazoo Act of 1789 and the Pine Barrens speculation. There was not great outcry at the disposal of similarly large tracts of land in sales to corporate partners, cooperating very closely with state legislators, in either of these cases. There were no overt reports of bribery, but the overall political process surrounding those sales was remarkably similar. What this thesis will demonstrate is not the well-established importance of Yazoo to the Constitutional history of the United States, but rather its importance to the history of populism and republicanism and the ultimate fate of the Old Southwest’s native population. To that end, I will draw on the work of others who have studied those aspects of the early republic, while establishing the significance of Yazoo in the course of history of United States politics and its role in the ultimate growth of a populist movement that would forcibly and tragically lead to eventual Indian removal from the Georgia and southwestern territories. Terry 8 This thesis will follow the emergence of the forces of anti-federalist populism and ever more hostile relations with Indians and demonstrate the Yazoo Fraud’s pivotal role in facilitating their rise in three steps. First, I will examine the case of the ultimately unsuccessful Yazoo Grants of 1789. Discussion of the details of the 1789 land grants by the state of Georgia to four companies, in a similar fashion to what would occur more definitively in 1795, serves multiple purposes. The 1789 grants elucidate problems with the view that the 1795 scandal was purely driven by civic outrage above all other factors, and it also demonstrates the severity of the Indian problem for Georgia, since as part of the purported rationale for the sale was to raise funds for the militia. Second, the transition from the sale of 1789 to its fallout will place the focus of the paper on the federal government and actions taken in response to the first Yazoo sale, acts which damaged its reputation as an impartial guardian of the rights and security of all American citizens. This section will also discuss federal acts not directly associated with Yazoo that stained the government’s image among those living on the frontier and those sympathetic to frontiersmen and ideologies tending toward Jeffersonianism. Third, I will examine the role of the famous 1795 Yazoo scandal itself and show the rhetoric, extremity, and far-reaching consequences of the public discourse throughout that year and into 1796, demonstrating that the anger expressed by Georgia’s citizens was caught up with federal Indian and land policy as well as a dissatisfaction with the ruling political faction of the state and its perceived ambivalence to the Indian threat. This state faction, Federalist in description, and its corruption, were conflated with a federal government that the people of Georgia viewed as giving undue protection to “savages” and depriving the people of the state of their republican birthright. Terry 9 As we will see, the Yazoo controversy was essentially intertwined with the political forces that led to the establishment of the first organized political parties: principally federal land and Indian affairs policy. Anger against the Georgia legislature was ultimately a surrogate for pent-up rage against two other entities entirely: the federal government, specifically the Washington administration’s Indian policy, and the Native American tribes in the Old Southwest themselves, especially the powerful Creek and Cherokee Nations. In the time between the adoption of the Constitution in 1787 and the Yazoo Fraud in 1795, the people of Georgia, especially frontiersmen and those sympathetic to their plight, grew increasingly frustrated with perceived federal neglect of the Southwest, inaction against the threat of the Creek Indians, and misapplication of federal power against the frontier and those sympathetic to republican political positions. The Yazoo Fraud was appropriated by state political leaders like James Jackson to eviscerate the Federalist Party power structure in the state and to attack Federalist policies on a national level. The broader spectrum of the Georgian population used the scandal as an avenue to attack the federal government’s Indian and western territorial policies and fully express growing populist resentment toward a government and political party which was seen to largely ignore the Old Southwest and, in some cases, actively protect the rights of Native nations at the expense of white settlers. The awakening of this populist sentiment was to have lasting implications for the future of American party politics, regionalism, and, most significantly and directly, the course of United States–Native American relations and Indian Removal. Terry 10 A late nineteenth-century depiction of George Washington meeting Creek chiefs in New York. From Harper’s Magazine. Because Yazoo is an event that on the surface only has implications for state history and some significance in Constitutional law, the existing body of work is somewhat sparse. The definitive work on the subject is Claude Peter Magrath’s Law and Politics in the New Republic: The Case of Fletcher v. Peck, published in 1967. As its title would imply, the work focuses heavily on the Yazoo Fraud’s implications for legal history, though it is not without detailed background discussion on the state’s internal political situation and certain attributes of that political dynamic which were unique to Georgia. Thomas Abernethy’s The South in the New Nation, and George Lamplugh’s Politics on the Periphery offer a more detailed look at the sociopolitical situation in Georgia and the region in the 1790s. These works form the framework for this paper’s explication of Georgia and regional politics. The development of attitudes toward the federal government is perhaps one of the most extensively researched subjects in American historical writing, especially given its implications for modern politics, and some specific Terry 11 theories regarding regional views of federal power in the late eighteenth century exist, providing meaningful insight into views of Southern and Western frontiersmen toward the federal government, especially the Washington administration. The writings of Andrew Cayton are particularly informative in this regard, though the case of Yazoo is not specifically discussed. 9 For the role of Native Americans in the Yazoo crisis, there is also little direct scholarship, but there is a comparatively rich one about their plight in the Old Southwest more generally. Kathleen DuVal of the University of North Carolina, who has graciously supplied me with some of her notes on Yazoo company agents and Spanish government officials in West Florida and Louisiana, has provided very recent insights into the role of Native Nations in the American Revolution in her 2015 book Independence Lost. While that work focuses on the Revolutionary War itself, it also develops the immediate history of conflict with native nations, especially the Creeks, in detail, which is critical to understanding the mindset of 1790s Georgians toward their Creek neighbors and toward the frontier more generally. This paper will contribute to these bodies of scholarship by highlighting the importance of land, Indian, and foreign policy to the Yazoo debate, and, consequently, the impact of that debate on national politics. Andrew R. L. Cayton, “‘Separate Interests’ and the Nation-State: The Washington Administration and the Origins of Regionalism in the Trans-Appalachian West,” The Journal of American History 79, no. 1 (June 1992):. 39-67. 9 Terry 12 Map from George R. Lamplugh, Politics on the Periphery: Factions and Parties in Georgia, 1783-1806. Origins of Yazoo “It therefore becomes the duty of the good people of this commonwealth… to be prepared against an event highly probable, to wit, that of an Indian war.”—Statement of the Georgia House of Assembly, August 3, 178610 The Yazoo Crisis of 1795 was rooted in a series of events that occurred several years earlier, and dealt with largely the same lands that would become the source of such animated 10 Georgia State Gazette (Augusta), November 18, 1786. Terry 13 controversy in the more well-known land fraud. In 1789 the Georgia legislature passed a measure to sell to three companies, the Virginia Yazoo Company, the Tennessee Company, and the South Carolina Yazoo Company, tens of millions of acres of largely unsettled lands in western Georgia.11 While the response to this sale was not the same as the reaction to the later controversial sale of 1795, it exposed many issues that in the intervening years would grow in importance to public perception of the Georgian population and would make the Yazoo Land Fraud the seminal event in Georgia in the early republic. The cloud of the perceived Indian menace to state society hung over the first Yazoo sale. In addition, the activities of the land companies exposed, for the first time, serious rifts between the federal government’s Indian policy and the aims of frontier states, such as Georgia. Georgia in 1789 was very much a state of the frontier. The youngest of the original thirteen states, it was also very sparsely populated. The population density was especially sparse given the fact that the state’s borders at the time theoretically extended to the Mississippi River and included much of the modern-day states of Alabama and Mississippi. While most states with large western land claims had given their territories to the United States during the Articles of Confederation in the 1780s, Georgia had not; from this intransigence, the Yazoo fraud was made possible. Even when considering the present-day borders of the state, the government had only organized about a third of that territory into counties in 1790.12 The rest of the territory was inhabited by several native peoples, most prominent among which were the Creek, Cherokee, Chickasaw, and the Choctaw. These four tribes, along with the powerful Seminoles of Florida, would later become known as the “Five Civilized Tribes,” and were also the subjects of the most 11 12 Lamplugh, Politics on the Periphery, 68. Ibid., 18. Terry 14 notorious instances of forced Indian removal in the 1830s.13 In the late 1780s, the majority of the land claimed to be the sovereign state of Georgia was under the effective jurisdiction of these powerful tribes. At the time of Georgia’s ratification of the Constitution in 1788, the Indian group that was of the most immediate concern to settlers on the state’s frontier was known as the Creeks. Their inland location meant the Creeks were a significant impediment to settlers attempting to strike west from the settled areas of the state along the Savannah River and the border with South Carolina. The Creeks themselves were not a single tribe with completely homogenous language and culture, but rather a loose confederation of tribes in central and southern Georgia which had only arisen in roughly the last century before American independence.14 Although they were not a single unitary tribe, the Creeks still posed a formidable threat to American settlement in the Southwest. In the 1780s, the northern Creeks came under the leadership of a powerful chief, Alexander McGillivray, the son of a Scottish tradesman and a Creek mother.15 He had served the Creek nation during the Revolution, in which the tribe had maintained an alliance with Great Britain against the United States.16 Georgia proved to be one of the most successful theaters of war for Britain; it captured Savannah and reinstituted royal government, something which the Crown did not accomplish in any other state.17 The recent history of the Creek alliance with the British, coupled with the appearance of a strong Creek national cohesion under the guidance of a Arrell M Gibson, “Constitutional Experience of the Five Civilized Tribes,” American Indian Law Review 2, no. 2 (Winter 1974): 17. 14 Kathleen DuVal, Independence Lost: Lives on the Edge of the American Revolution (New York: Random House, 2015). 25. 15 Ibid., 27. 16 Ibid., 78. 17 Edward J. Cashin, "Revolutionary War in Georgia," New Georgia Encyclopedia, October 6, 2015, accessed 31 January 2016, http://www.georgiaencyclopedia.org/articles/history-archaeology/revolutionary-war-georgia. 13 Terry 15 powerful chief of partial European descent, meant that Georgians viewed the Creek Nation as an urgent, perhaps even existential threat. The narrative of Georgian life in the later 1780s was largely defined by the Creek threat. Georgian leadership made no qualms in highlighting the savageness and severity of their attacks along the frontier. In a direct meeting between state-appointed commissioners and various Creek “Head Men” in 1786, the commissioners spoke in a very direct tone, accusing the Creeks of having “barbarously murdered our innocent women and children” at the command of the “Half Breed” Chief McGillivray.18 The summit in 1786 did not produce a lasting peace agreement for the frontier, to say the least. The newspapers of Georgia are littered with a constant stream of frantic reports of murder and destruction on both sides of the rough border with native tribes. An August 1786 document of the Georgia House of Assembly notes that some Creek incursions were even penetrating to the “old settlements of the state.”19 The Creek threat to Georgia continued largely unabated throughout the final years of the decade. The consistent presence of such a significant threat in the western borderlands began to have a marked impact on state society. The Independence Day celebrations of 1788 saw an explicit call to arms against the Creek Nation. The Augusta Chapter of the Society of the Cincinnati, in their Fourth of July toast, called for a “speedy reconciliation or serious war with the Creek Indians.” 20 A call to “serious war” speaks to a sense of frustration in this situation, that the recourses committed to combatting the Creeks were insufficient. The status quo on the frontier was, for many Georgians, painfully static, not having changed significantly since the end 18 Georgia State Gazette (Augusta), November 4, 1786. Ibid. 20 Georgia State Gazette (Augusta), July 5, 1788. 19 Terry 16 of hostilities with Britain in 1783. Many, like the Society of the Cincinnati, felt that not enough resources were committed to the struggle to win the frontier and to secure the future of the state. The Yazoo grants of 1789 came in the midst of this climate of fear and anxiety about the fate of the Southwest. The investors themselves were an eclectic group of individuals from throughout the United States, though they tended to be from the South. Patrick Henry was perhaps one of the more notable individuals involved in the Yazoo lands and was a principal investor of the Virginia Yazoo Company.21 The sale consisted of lands that were under the control of major tribes such as the Chickasaw and Choctaw, but did little to affect the more immediate situation on the much closer frontier with the Creek and Cherokee. The reaction to the sale differed substantially to that of the Yazoo sale of 1795 and was very mild in comparison. There was, understandably, some incredulity as to the scale of the sale and the swiftness with which it was executed. One contributor to The Augusta Chronicle expressed his disbelief that “in the course of nine days, a bill of so much importance was precipitated through the House of Representatives, and every attempt to make the least amendment was frustrated.” The contributor even went so far as to claim that “the rights of Georgia have been disposed of…without opposition and in exclusion of her own citizens.”22 Such criticism of the 1789 grants was relatively rare and extremely tame compared with what was to come, however, this restrained criticism is somewhat odd, given that, by all appearances, the two bills passed under similar circumstances. Though there were never any direct accusations of bribery in 1789 and immediately thereafter, the attempt to dispose of the backcountry injected a further element of uncertainty into 21 Thomas P. Abernethy, A History of the South: Volume IV, The South in the New Nation: 1789-1819 (Baton Rouge: Louisiana State University Press, 1961), 77. 22 Augusta Chronicle,. December 19, 1789. Terry 17 frontier life and instilled an impression that the West was the province of large companies, and not the public domain of the state, held in trust for all. The Yazoo Grants of 1789 also provided some of the foundation for the intervening events that led to the intense backlash in 1795. One of the principal accusations in the scandal of 1795 centered on the idea of the existence of a corporate-legislative collusion which undermined the interest of the common good for the benefit of pure personal profit. The true extent of collusion in 1795 will likely not ever be truly known, but in the events of the first Yazoo Grants, there is the relatively well documented case of The Combined Society. With a name that naturally rings of conspiracy, the group was organized to capitalize on the speculative atmosphere in the immediate aftermath of the 1789 grants, created in secrecy for the sole purpose of obtaining for its members as much cheap land as possible. After an unflattering exposé by state senator James McNeil, the public was beginning to see direct evidence of the poor moral fiber of speculators.23 The notion of nefarious corporate interests, raised by the events of 1789 and 1790, was solidly placed into the public consciousness. In addition to exposing the public to the inner workings of the land speculator, perhaps more importantly, the grants of 1789 brought to light serious differences in the land and Indian policies of the Georgia state government and those of the newly formed federal administration of President George Washington. 23 Lamplugh, Politics on the Periphery, 74. Terry 18 The State of the West “[The west has an] aversion to Congress which was then acting in a despotic manner.”— James O’Fallon to Spanish Governor Esteban Miró of Louisiana, May 24, 179024 The adoption of the federal Constitution brought with it significant expansion of centralized oversight of the government on the western territories of the United States. While the previous government under the Articles of Confederation was regarded as anywhere from inefficient to totally inept even in its day, it did manage to achieve notable successes in western land management and territorial regulation. The Confederation Congress negotiated the cession of most of the western lands claimed by the various states west of the Appalachian Mountains to be managed as federal territory, with the notable exception of Georgia. The lack of Congressional control over the Southwest meant that attempts to regulate the West were largely restricted to the Northwest. The Northwest Territory was also surprisingly well organized, at least on paper, for an organization as bereft of authority as the Congress of the Confederation. The Northwest Ordinance of 1787 remains a lasting blueprint of development for the entire region and included the bold act of outlawing slavery in the entire territory.25 In Indian affairs, the Congress also made moves to assert its auhority. In the Treaties of Hopewell, Congressional representatives effected agreements with several tribes, including the Chickasaw and Cherokee. The tribes were acknowledged to be “under the protection of the United States of America.”26 Even when negotiating from a position of little power, the central government was making clear a notion of federal protection of Indian Nations. 24 Pontalba Papers, Temple Bodely Collection, Filson Historical Society, Louisville, Kentucky. Northwest Ordinance, July 13, 1787, The Avalon Project, Yale Law School, accessed 20 February 2016, http://avalon.law.yale.edu/18th_century/nworder.asp. 26 Treaty With the Chickasaw, January 10, 1786, The Avalon Project, Yale Law School, accessed 21 February 2016, http://avalon.law.yale.edu/18th_century/chic1786.asp. 25 Terry 19 The Constitution created a powerful government that would expand on the moderate successes of the Confederation in the West. The establishment of a strong central executive in the office of the president was especially conducive to greater federal involvement in the affairs of the West. Armed with significant discretionary power and Congressional taxes to back it up, President Washington embarked on a program of negotiating treaties with Indian Nations with greater frequency and on a much wider scope than did his predecessors in the Confederation Congress. The landmark Indian treaty of Washington’s first term was the Treaty of New York, signed in the then capital city of the young nation. Designed to be a more comprehensive deal with the Creek nation than the patchwork of state treaties and agreements that had preceded it, the treaty was signed by no fewer than twenty-four Creek chiefs, including Alexander McGillivray himself.27 The presence in the nation’s capital of the chief considered the first among equals for the entire Creek nation, a man who by all accounts was a strong threat to the security of the southwestern frontier, was somewhat shocking and would have galled many a Georgian, some of whom faced the very real danger of Creek attack on a daily basis. However, the treaty projected the federal government’s position on Indian affairs quite clearly. The authority given the government to negotiate with Indian nations by the Constitution was going to be pursued to the fully by the Washington administration, and federal protection of Indian tribes’ territorial sovereignty in exchange for certain concessions was to be the norm.28 The Treaty contained several articles that curtailed state rights significantly. One clause stipulated that “if any citizen of the United States…shall attempt to settle on any of the Creeks lands, such person shall forfeit the protection of the United States, and the Creeks may punish him or not, as they 27 Treaty With the Creeks: 1790, The Avalon Project, Yale Law School, accessed 10 March 2016, http://avalon.law.yale.edu/18th_century/chic1786.asp. 28 U.S. Constitution. Art.1 Sec. 8. Terry 20 please,” and another guaranteed that any crime committed by a citizen against a Creek would be treated as if it had been against a “white inhabitant.”29 Reaction to the Treaty of New York in Georgia was overwhelmingly negative. Coming very soon after the 1789 Yazoo Grants, the treaty served as a direct rebuke of legislation that freely sold land that was occupied by tribes generally considered to be of the same legal status as the Creeks. It also presumed jurisdiction over lands that were wholly in the boundaries of what Georgians considered sovereign state territory. In an editorial addressed generally to the citizens of Georgia, someone calling himself “a Sentinel” railed against the treaty as an evil from which “no possible advantage might arise.” 30 He was especially skeptical of the ability of the treaty to produce a lasting peace on the frontier. The Sentinel wrote that “[Georgians] have but little prospect of a peace with such a faithless, restless neighbor…no power on earth can secure it.” Echoing earlier sentiments in a call to action, the writer proclaimed that “therefore, it is your interest and your duty, to be more prepared for war than ever.”31 In the same issue of The Augusta Chronicle, another contributor calling himself Metellus heaped on criticism of federal Indian policy. In an article dripping with disdain, Metellus decried the acts of “some, possessed of more federalism than foresight,” who “have still a reliance on the honor and justice of Congress.”32 In this person’s view, the infatuation that some had with the new Constitution led them to abandon and even actively infringe on the rights of the state of Georgia and support federal efforts to accommodate the destructive forces of the Indians. Metellus’ use of the word “federalism” in this context carried two meanings: he was referring to 29 Treaty With the Creeks: 1790, The Avalon Project. Augusta Chronicle, October 30, 1790. 31 Ibid. 32 Ibid. 30 Terry 21 not only an abundance of misplaced loyalty to the federal government above that of the state, but was also likely making an a reference to the group of national politicians supporting Alexander Hamilton and the nucleus of the future Federalist Party. Metellus made it abundantly clear that federal policy in what he considered “OUR western territory” was either grossly incompetent or genuinely affectionate toward the natives—both, as he saw it, grave violations of Georgia’s sovereignty. To the sharp-tongued Metellus, inaction would mean “that liberty, (which now but breathes here) will exist no more to us, from that instant we surrender one iota of our reserved rights.”33 Further speculation was made as to the ultimate ends of Washington’s Indian policy. Another contributor to the Chronicle mused that “[Congress] may give part of the Georgia or Carolina to the Creeks or Cherokees, part to the Choctaws, part to the Chickasaws… and after all make the Georgians and Carolinians aliens in their own lands…to gain the friendship of savages.”34 The State of Georgia, as well as suffering circumvention of its authority in the negotiation of the Treaty of New York, experienced embarrassment through the fact that its policy in the form of the Yazoo Grants now directly contradicted federal policy, especially given the important precedent set by the article of the treaty prohibiting settlement on Creek land. Even if federalist-leaning politicians in Augusta had desired to coordinate policy with the Washington administration, there was little opportunity to do so. The Yazoo companies now had a mandate, issued to them by the state, but in opposition to federal treaty, to secure and settle the lands that they had purchased in the Yazoo country. Including the jurisdiction of the Indians and the claim of Spain to portions of the territory, the Treaty of New York now meant that in some locations 33 34 Ibid. Augusta Chronicle, November 13, 1790. Terry 22 there were five competing jurisdictions over land in the western part of Georgia. This was a chaotic situation and, given the right circumstances, could have sparked open war with the several Indian Nations and perhaps Spain itself. Into this maelstrom of competing claims for title and constant conflict on the border of settlement and native-held land entered the adventurer who would draw the most intense federal rebuke of acts against Indians to date. Doctor James O’Fallon, an Irish Catholic and an agent of the South Carolina Yazoo Company, was about to make his mark and heighten tensions throughout the region. Doctor O’Fallon’s Debacle “Doctor O’Fallon’s schemes have all blown up…”—Secretary of War Henry Knox to President Washington, June 6, 1791.35 James O’Fallon, often referred to as a psychical in many records of the day, was, while something of a personal enigma, a man who in many ways typified the limitless imagination and boundless possibilities of the early republic. Like the exploits of his more famous and accomplished contemporary, Aaron Burr, his actions at times bordered on treasonous. Like Burr, he also possessed remarkably similar grandiose plans for the establishment of a western confederacy that would be independent of the United States.36 As startling as these designs may be, it is not for these wild schemes alone that he became significant to the story of the Yazoo. While O’Fallon’s adventurism alone is fascinating, it is the response to his vainglorious actions 35 To George Washington from Henry Knox, 6 June 1791, Founders Online, National Archives, accessed 24 February 2016. http://founders.archives.gov/documents/Washington/05-08-02-0174. 36 Morrison Shafroth, “The Aaron Burr Conspiracy,” American Bar Association Journal 18, no. 10 (October 1932): 671 accessed 10 April 2016, http://www.jstor.org/stable/25709909. Terry 23 that would further alienate many in the southwestern frontier to federalist and quasi-aristocratic authority structures, and also heighten awareness of Indian threats. Relatively little is known about James O’Fallon’s early life. He was a first generation American, born in 1749 in County Roscommon in Ireland. Being born to a relatively wealthy family, he was able to overcome the hindrances of his Catholic upbringing and went to Scotland to study medicine at the University of Edinburgh.37 He eventually moved to the American colonies shortly before the outbreak of the Revolution and settled in Wilmington, North Carolina. The details are somewhat unclear, but Doctor O’Fallon was involved in revolutionary activity in Wilmington and eventually served in the medical service of the Continental Army, mainly in the North.38 Doctor O’Fallon settled in Charleston after the war and was a member of several antiBritish and anti-Loyalist political societies, but otherwise did little of note in the immediate postwar period. It was only in the late 1780s that he became involved in intrigues in the West. Having already sent overtures to Spanish officials for the purpose of organizing Catholic immigration to strengthen the colony of East Florida, a scheme that never bore fruit, O’Fallon became attached to the group of speculators that formed the core investors of the South Carolina Yazoo Company. This company also had begun correspondence with Spanish officials, mainly Governor Esteban Miró, regarding the possibility of the establishment of a colony in the lands of the southwestern territories held by Georgia.39 In his capacity as general agent for the South Carolina Yazoo Company, O’Fallon wrote letters to Miró beginning in 1790, explaining his John Carl Parish, “The Intrigues of Doctor James O'Fallon,” The Mississippi Valley Historical Review 17, no. 2 (September 1930): 231, accessed 28 February 2016, http://www.jstor.org/stable/1892600. 38 Ibid. 39 Ibid. 37 Terry 24 employer’s position and generally attempting to curry favor with the governor. O’Fallon wrote at length displaying his dismay with the state of the American government and noted a general resentment for Congress on the western frontier.40 Perhaps to convince the governor of his genuine intentions, or perhaps out of true feelings of Catholic comradery, the doctor even made a declaration of fraternal loyalty to Spain, declaring that “my aims are solely for the purpose of advancing the interests of Spain, to whom I find myself hereditarily drawn.”41 It is somewhat surprising that Doctor O’Fallon would be driven to such ends, acts that amounted to treason, without any clear motive aside from his Catholicism and the promise of land. The most notorious case of treason in the early republic, the defection of Benedict Arnold, was at least spurred on by what could be viewed as a personal affront, Arnold having been passed over for promotion. In this case, there is no such clear chain of causation that led O’Fallon into dealings with Spain. The desire for self-aggrandizement and a sense of adventure, combined with the relative newness of the American nation producing a weak sense of loyalty, can both be seen as possible explanations for the doctor’s deeds. There is also the possibility that O’Fallon was driven by greed alone, and that the Yazoo Lands represented a chance for him to make a name for himself regardless of what federal law might state. These letters were never leaked or otherwise made available to the press, and widespread outrage over the sale was never ignited. When the South Carolina Yazoo Company actually made moves to occupy and establish itself in the territory it had purchased from the state of Georgia, the friendly attitude with the Spanish soured somewhat over the issue of Spain’s Native American allies. This is to say nothing of the newly minted federal government, what James 40 41 Pontalba Papers, Temple Bodely Collection.. Ibid. Terry 25 O’Fallon dismissively termed the “Atlantic Confederation,” and eventual federal condemnation of the South Carolina Company’s actions. Map from Thomas P. Abernethy, A History of the South: Volume IV, The South in the New Nation. To fully understand the social conditions in which Doctor O’Fallon was making his overtures to Spain and the climate in which the Washington administration brought his adventures to heel, the role of speculation in American society of the 1790s must be understood. In many respects, the actions of O’Fallon and the South Carolina Yazoo Company more generally were not completely outside the norms of American society in the formative years of the early republic. For decades prior to, during, and after the American Revolution, the wealthier and more adventurous elements of society in the British Colonies continually embarked in the enterprise of land speculation. George Washington was a notable investor in speculation in the western reaches of Virginia’s colonial holdings, lands that would become the present state of Terry 26 Kentucky.42 The pursuit of wealth in a market for land was pervasive and in the pre-war period often led to intense disagreements with the British Crown. The proclamation of 1763 was especially galling to colonial economic elites in that it immediately made any investments of the speculators or “landjobbers” practically meaningless in the eyes of the law while accomplishing little in a concrete effort to halt the flow of westward-bound settlers.43 This interference of the crown in their investment activities was one of the several reasons many of the most economically powerful elites in America eventually sided with the Patriot cause once hostilities broke out in April 1775. Even while the war itself raged on, some the economic elites who largely controlled the various American states sought to preserve personal wealth in decisions concerning the progress of the war. At one point, the reticence of the leaders of Maryland to ratify the Articles of Confederation in order to preserve pre-war speculation even caused France to openly criticize the lack of political unity of its ally.44 Though O’Fallon was no high placedpolitical elite, the practice of private citizens engaging in increasingly shaky business practices and a heavy reliance on risky financial assets was prevelent throughout the new nation. In the major coastal centers, Boston, New York, and Philadelphia, the beginnings of global finance collided with the hodgepodge of conflicting land title in increasingly unstable fashion. The position of speculator had, by the end of the eighteenth century, become increasingly focused on nebulous investments rather than a drive to sponsor tangible settlements and material goods. Instead of actually settling claimed territories, deeds were traded in eastern markets in speculative bubbles. O’Fallon and the South Carolina Yazoo Company’s attempts to actually 42 Woody Holton, Forced Founders: Indians, Debtors, Slaves, and the Making of the American Revolution in Virginia (Chapel Hill: The University of North Carolina Press, 1999), 9. 43 Ibid., 29. 44 George L. Sioussat and J. Maccubbin, “The Chevalier de la Luzerne and the Ratification of the Articles of Confederation by Maryland, 1780-1781,” The Pennsylvania Magazine of History and Biography 60, no. 4 (October, 1936): 391-418. Terry 27 settle the Yazoo were anomalies in increasingly paper-driven money making schemes. A particularly notorious case of high-stakes financial speculation that drove resentment toward the activities of coastal merchants and financiers was the case of Samuel Dexter of Boston, detailed in Kamensky’s Exchange Artist. Dexter dealt, among other financial products, in Yazoo deeds that had only a tenuous connection with the original companies that purchased them from the state. In a series of risky endeavors that led to the first large-scale bank failure in the United States, financiers like Dexter and the companies that obtained land in the first place tainted the entire profession of banking and finance in the eyes of many and led to a close association between the young Federalist Party and the interests of risky investments.45 The grants of 1789 and the escapades of the South Carolina Yazoo Company came at the beginning of this process of association, but are firmly in the framework of the trend toward a conflation of the Federalist political persuasion, the actions of the federal government itself, and regional favoritism toward the coast and New England. In late 1790, the South Carolina Yazoo Company began to put forward its plan to assume control of its lands and make good on its claims. The company raised a military detachment for the purpose of securing its territory in the West, and it was, at least on paper, a significant force. The War Department, then led by Secretary Henry Knox, reported that the Yazoo Battalion, as it would come to be known, had no less than thirty-four commissioned officers and an indeterminate strength of regular soldiers.46 This was at a time when the United States Army boasted a grand total of 1,216 enlisted soldiers and only about ten commissioned officers.47 In Jane Kamsenky, The Exchange Artist: A Tale of High-Flying Speculation and America’s First Banking Collapse (New York: Viking, 2008), 169. 46 Indian Affairs: Volume I, American State Papers, 1st Congress, 3rd Session, Library of Congress: A Century of Lawmaking for a New Nation, accessed 28 February 2016, https://memory.loc.gov/cgibin/ampage?collId=llsp&fileName=007/llsp007.db&recNum=118. 47 Ibid. 45 Terry 28 light of this, it is probable that the all of the commissioned officers of the Yazoo battalion were not militarily necessary. Many of the appointments were likely paid favors and the men who held them probably did not expect to see action but rather payment in the form of land deeds of the new company’s holdings. As general agent for the company, it was O’Fallon’s role to proceed west and assemble the battalion, settlers, and go on to New Orleans to obtain the Spanish government’s consent in settling the area claimed by the company, which was in territory disputed with Spain. The Spanish Governor of Louisiana, Esteban Miró, informed the company that its claim to lands in the disputed territory, especially the portion that encroached closely on the settlement of Natchez, “so far as it did not belong to the Indians, was in the possession of Spain, and that all attempts to settle it would be resisted.”48 It is was in response to this opposition that O’Fallon, perhaps out of desperation, or perhaps revealing long-simmering cultural resentment of the status of Catholics, wrote his letter professing loyalty to Spain. Miró found the letters and the prospect of a quasi-independent buffer between Louisiana and the United States intriguing and even forwarded them on to Madrid. However, Spain never made any definitive response to the doctor’s proposal. Spanish authorities were sufficiently worried of forcible settlement of the Yazoo lands by a company which indicated that it would disregard the territorial sovereignty rights of the Natchez colony and Spain’s Indian allies that they supplied arms to the Natives to prepare for that eventuality.49 O’Fallon, undeterred, sought to raise troops in Kentucky to make good on the company’s claims in the Yazoo. Indian rights were of little to no concern to him, and he saw the protests of Spain a temporary setback. The doctor’s actions to settle the territories of the South Carolina 48 49 Charles Homer Haskins, The Yazoo Land Companies (New York: The Knickerbocker Press, 1891), 11. Ibid., 15. Terry 29 Yazoo Company ran square up against the activist Indian policy of President George Washington and his new federal administration. Aside from the competing claims of Spain, Georgia, and the Company, the federal government also claimed ultimate jurisdiction over the lands around Natchez.50 The acts of O’Fallon stood in direct contradiction of both Indian and Spanish claims and in conflict with an earlier treaty signed with the Choctaw tribe under the Articles of Confederation that allotted them protected territory that overlapped with the grant of the Georgia General Assembly. President Washington and Secretary of War Henry Knox saw the reckless actions of O’Fallon in an extremely negative light and viewed them as a direct threat to peace. In a letter to the president, Knox noted with some sense of urgency that that “certain persons claiming under the said Companies are raising troops for the purpose of establishing, by force, one or more settlements on the lands belonging to the aforesaid indian nations.”51 It is notable that Knox did not focus on the potential ramifications of the Yazoo companies’ adventurous plans for settlement in terms of relations with Spain, but rather possible fallout with Native populations. Even at the highest levels of government, the cultural importance of Indians and Indian relations to the future of the American state was pervasive. In this sense Secretary Knox and the people of frontier Georgia shared common concerns, though they would vary widely on the appropriate course of action. Knox concluded that Yazoo adventurism was a grave threat to the stability of the republic, writing: “the authority of the United States is thus set at defiance—their faith pledged to the said indians and their constitution and laws violated, and a general indian War 50 Treaty with the Choctaw, 1786, art. 3, Oklahoma State University Library, accessed 16 March 2016, http://digital.library.okstate.edu/kappler/vol2/treaties/cho0011.htm. 51 Henry Knox to George Washington, January 22, 1791, Founders Online, National Archives, accessed 29 February 2016, http://founders.archives.gov/documents/Washington/05-07-02-0146. Terry 30 excited on principles disgraceful to the Government.”52 Washington agreed with this conclusion and denounced James O’Fallon in the most public way conceivable, by issuing a presidential proclamation decrying his violation of Indian treaties, eviscerating his credibility, and directing all citizens of the United States to avoid association with him. O’Fallon, not being foolish enough to openly defy the power of the new president, quickly stepped down from any active effort to mobilize a force to take the Yazoo, and the company severed ties with him.53 In part, the proclamation reads: “It is my earnest desire that those who have incautiously associated themselves with the said James O'Fallon may be warned of their danger, I have therefore thought fit to publish this proclamation, hereby declaring that all persons violating the treaties and act aforesaid shall be prosecuted with the utmost rigor of the law.” 54 Doctor O’Fallon’s direct role in the Yazoo crisis largely ended as a consequence of this chastisement, but the legacy of his cavalier approach to the western territories and Washington’s rebuke would serve to directly inform the development of anger and discontent toward heavyhanded federalism. O’Fallon’s significance to the Yazoo would ultimately not be his role in the escalation of tensions between Spain and the American government and an eventual settlement of the West Florida dispute between the two. James O’Fallon rather became a sort of martyr for federal government overreach and illegitimate use of power. The Doctor acting as a surrogate for populism at first seems odd, given that as an agent of a speculatory company and servant of wealthy investors, one would be inclined to associate him directly with the Federalist Party. O’Fallon instead served to further agitate those tending toward Jeffersonian ideals by standing in 52 Ibid. Parish, “The Intrigues of Doctor James O'Fallon,” 256. 54 George Washington, "Proclamation 2 - Respecting the Acts of James O'Fallon in Kentucky," March 19, 1791, The American Presidency Project, Gerhard Peters and John T. Woolley, accessed 20 February 2016, http://www.presidency.ucsb.edu/ws/?pid=65590. 53 Terry 31 direct contrast to the government’s Indian policy and the notion of federal power itself. This nuanced effect, which played out in the state’s newspapers, increased resentment against Federalist sympathizers and their financier allies, and was one of the factors that led to the 1789 land grants and laid the groundwork for the scandal of 1795. A letter by one Daniel Gaines to the Chronicle in May of 1791 is particularly elucidative in this respect. Notably not using a pseudonym, Gaines lamented those who would make protest against the Yazoo sale. While expressing a somewhat understanding tone when considering those who had opposed the 1789 sale, Gaines expressed his frustration at those who “so warmly opposed the Yazou [sic] bill, [and] directed the passions of other to a wrong channel.” 55 In Gaines’ view, this improper channel of anger, against a group he referred to as the “Tennessee adventurers,” was wasted; he considered the federal government the true foe. Gaines did not perceive the actions of Dr. O’Fallon as strictly money-seeking ventures on behalf of his company, but rather well-intentioned efforts to settle the land and revoke Indian claim and title as necessary. The Washington administration, according to Gaines, consciously labored against enterprises such as that of O’Fallon with the intention of protecting Indian rights and avoiding overt contact between natives and settlers. Gaines wrote: When our contest began with Great-Britain, one of the heaviest charges brought against the King and his Ministry, was their encouraging the savages to let loose the bloody tomahawk and scalping knife, on those unfortunate sons of liberty who might casually fall in their power: And will Americans, who call themselves patriots, Christians; or even men possessed of ever so moderate a share of common humanity, applaud our merciful Federal rulers, for improving on the horrid policy? Heaven forbid! I know some among the thoughtless, who think Congress and President omnipotent or infallible, argue that the Tenessee adventurers are engaged in a lawless undertaking, and that they must take the consequence. The British partizans used the same argument, and with at least as many fallacious reasons to support it.56 55 56 Augusta Chronicle, May 28, 1790. Ibid. Terry 32 Gaines did not restrain himself in his attack against the government and Indian polices of 1791; in his view, the American experiment had come full circle and the federal government now resembled the British Crown. He used imagery that hit at the core of the 1790s Georgian’s fears appealed to his most base sensibilities. Gaines presented the threat of Indian war and general anarchy on the frontier upon the reader with the ominous image of a blood-drenched tomahawk and its quest for white scalps. The thought of government acting in the interests of, or even allied with, native tribes was a concept generally abhorrent, especially to those who lived proximate to the frontier and the boundary of settled lands and relative wilderness. Suggesting such a connection indicated Gaines’ clear distaste for the state of federal governance and its policy toward Natives, comparing their acts directly to that of Britain and their hated Loyalist sympathizers in America. In Gaines’ view, a blind faith in the righteousness of the federal administration, even though it was led by the illustrious General Washington, could not be sustained if a just and secure society was to be maintained. The intense sarcasm with which he describes this faith in an all-powerful president was an especially prescient comment for Georgians in the spring of 1791. In May of that year, President Washington arrived in Savannah as part of a tour of Georgia and the rest of the South. Savannah gushed over the arrival of the president-general, greeting him with feasts, receptions, and parades, with taxpayers of the city ultimately footing the bill.57 Gaines’ editorial, coming as it did so soon after the president’s visit and the proclamation condemning O’Fallon, does much explain his perception of the population’s blind faith in the federalist powers-that-be. The president’s warm embrace from 57 Walter J. Fraser, Jr., Savannah in the Old South (Athens: The University of Georgia Press, 2003), 148. Terry 33 downriver, mercantile Savannah also heightened a connection between trade, finance, and the Federalists. Frustration with the actions of the president was compounded by the perceptions of his treatment of Native American leaders. The Treaty of New York, as well as providing the legal rationale that doomed O’Fallon, galled many who saw the acknowledgement of Creek chiefs at the very seat of federal power as an affront to decent society. Returning to remarks written by “A Sentinel” proves insightful as to just how the treaty impacted public discourse when considering the acts of O’Fallon. Sentinel expressed disgust at the treaty and the fact that Alexander McGillivray had been given an honorary commission in the United States Army: “A British subject–a Spanish Officer–an Indian chief–and now—‘Oh Shame, where is thy blush!’-made a Brigadier-General in the army of the United States!”58 He went on that “the other states in the Union have long enjoyed uninterrupted peace, while you [Georgia] have been continually disturbed, harassed and plundered, by a cruel, faithless, blood-thirsty, savage enemy; exited to ten-fold rancor by the insidious arts of their mongrel chief [McGillivray]…[who] possesses all the cunning, ferocity, and vindictive rage of Indian assassins.” In addition to recognizing a neglect of Georgia, Sentinel made the case that the treaty of New York, in addition to appeasing blood-thirsty Creeks, robbed “those intrepid heroes, who in the glorious cause of freedom, have bravely fought and freely bled” of their rightful due and reward in land. By recognizing the Creek territory and providing “a coarse and scanty fare” to deserving veterans, Washington’s administration “promoted over their [the veterans] heads, an avowed enemy to the cause in which they lavished, without reward, in the flower of their days.”59 However, some of Sentinel’s 58 59 Augusta Chronicle, October1790. Ibid. Terry 34 anger is revealed to be perhaps at least somewhat directed to the Nonintercourse Act of 1790, and not the Treaty of New York exclusively. In one section of his anti-federal diatribe, Sentinel stated: That no possible advantage might arise from this evil, to the citizens of the United States, by a commercial intercourse with those Indians, they have granted to a foreign company, of unlimited credit in Europe, the privilege of an establishment in one of the most advantageous situations in Georgia, with an exclusive right, to import goods free of all duty; thereby unconstitutionally granting a monopoly of the Indian trade, directly tending to the material injury of your own merchants. Congress passed the first Indian Nonintercourse Act in July of 1790, establishing federal exclusivity rights over trade with Native Americans.60 Sentinel’s unsubstantiated and likely fearmongering talk of a foreign company managing Indian trade aside, this paragraph reveals a clear economic rationale for some in Georgia, not necessarily living on the frontier itself, to be opposed to Federalist Indian policy. An act that stipulated that “no person shall be permitted to carry on any trade or intercourse with the Indian tribes, without a license” 61 struck an understandably disconcerting chord with small-time traders and those merchants reliant on frontier trade. While Sentinel’s main arguments, arguing for a stout defense against the “new half-breed commander, and his swarthy myrmidons,”62 were cloaked in racially-charged alarmism concerning the Creeks, his mention of the issue of trade is elucidative. His mention of the fanciful foreign corporation also reinforces the connection between anti-financial sentiment and Nativephobia. This tirade gives a sense of the sort of concerns that a businessman, someone who might otherwise see sense in Federalist policy, saw in Washington’s handling of the Southwest and the interests of northern business. 60 Library of Congress, accessed 3 April 2016, https://www.loc.gov/law/help/statutes-at-large/1st-congress/c1.pdf. Ibid. 62 Augusta Chronicle, October 1790. 61 Terry 35 Men like Gaines and a Sentinel saw anger with adventurers such as O’Fallon as ultimately misguided, especially since the Doctor, unlike many other speculators solely occupied with paper profits, actually made concrete efforts to occupy the Yazoo land and evict its Amerindian tenants. The entire O’Fallon adventure served to highlight the conflict between the interests advanced by Washington’s Indian land policy and the desires of those, who tended to live along the frontier, for a more aggressive policy toward native populations with little regard for the federal-native treaty. The wayward doctor, despite his deep connections in speculatory business, was emblematic of more aggressive attitudes toward Western policy. The first Yazoo episode faded due not only to the swift condemnation of O’Fallon and the Yazoo Battalion, but also the ultimate failure of the 1789 Grants to be legally completed. After months of legislative wrangling and the support of Governor Edward Telfair, the treasurer of the state refused to accept the companies’ payment for the lands in December 1791, which had largely consisted of old Georgia revolutionary currency and promissory notes.63 When buyers were unable to pay the full amount in specie, the government revoked sale and the first Yazoo grants came to a quiet end. Georgia’s government revoked he 1789 grants without a political firestorm but had exposed deep rifts and disagreements concerning Indian and western land policy between the federal government, the state of Georgia, and sympathizers with the plight of the frontiersman. Land policy and Indian policy began to be conflated with each other and seen as a single issue in Georgia. The federal view of Indian affairs and Indian policy as foreign policy was seriously challenged by the first Yazoo episode. The “bloody tomahawk” described by Daniel Gaines 63 Lamplugh, Politics on the Periphery, 72. Terry 36 loomed large in the Southwest and continued to prove a menace to the frontier, only a few dozen miles from Savannah and Augusta. Interlude “[men] riding in their chariots—plotting the ruin of born and unborn millions—aiming with feathers to cut throats, and on parchments to seal destruction.”—Abraham Bishop, 1797.64 While the Yazoo and O’Fallon debacle cooled down in Georgia and the Southwest, other events transpired that did little to endear Washington to those who felt under constant threat of Indian attack. The intervening years and missteps by the administration in Philadelphia further agitated republican sentiments and angered agrarian sensibilities. On the domestic front, the infamous Whiskey Rebellion and the organized and efficient response that suppressed it enraged many Georgians, whereas diplomatic endeavors, especially Jay’s Treaty with Great Britain and the treaty of San Lorenzo with Spain, led many to question the efficacy of Federalist positions. The Whiskey Rebellion, the violent unrest in 1794 in response to a federal excise tax on spirits, seemingly bears little relevance to the Yazoo escapade. The rebellion took place far from Georgia, largely in western Pennsylvania and the area around Pittsburgh.65 The whiskey excise was, however, a national tax, and the enterprise of Alexander Hamilton did not come into effect in Georgia unscathed. Once news of the tax’s passage in March of 1791 reached the state, it dominated the front page of the Chronicle for months; the Augusta paper reprinted the text of the 64 Abraham Bishop, Georgia Speculation Unveiled (Hartford: Elisha Babcock, 1797), 38. 65 John C. Miller, The Federalist Era: 1789-1801 (New York: Harper Torchbooks, 1960), 157. Terry 37 law periodically well into July of that year.66 The Whiskey Tax was clearly regarded as a watershed piece of federal legislation and a remarkable application of Congress’s direct taxation power. The direct taxation of a certain good had not been seen in decades and evoked British levies in the period before the revolution. The novelty of the tax, while contributing to a general notion of federal overreach, was not as influential in Georgia and the southwest as President Washington’s response to the rebellion. Whiskey production was not central enough to the Georgia economy to evoke spirited opposition to the law, but the story in western Pennsylvania was quite different. Whiskey was produced at high levels and even served as a form of de facto currency in some areas of the backcountry—many considered a 25% tax on the value of liquor onerous. The protests and actions against federal governance followed the pattern of movements that had come before, from the regulator movement of western North Carolina to Shays’ Rebellion. The whiskey agitators shut down federal administration in the area, hindered the delivery of federal mail, and forced the federal excise agent for the region, General John Neville, to surrender.67 The Whiskey Rebellion posed a more potent threat to the power of the president than the adventures of James O’Fallon ever had. The rebels organized for the express purpose of subverting federal law, and they appeared to be succeeding. In response, Washington assembled a massive federal force of nearly thirteen thousand men to quell the insurrection.68 The military response to the whiskey tax protest caused the anti-federal contributors to the Chronicle much consternation. The notion that Washington’s government had assumed greater powers in imitation of the British monarchy—in measures from the whiskey tax and the 66 Augusta Chronicle, April 30, 1791-July 9, 1791. Miller, The Federalist Era, 157. 68 Ibid. 67 Terry 38 proclamation against O’Fallon, to negotiating guarantees to powerful nations in treaties—was reinforced in an article attacking the rebellion’s suppression by “Memento.” In a piece entitled “More Traits of Monarchy,” Memento wrote that the disproportionate response to the whiskey incident constituted a further step toward a total abrogation of revolutionary and republican principles. Astutely noting that in pure financial terms, the vast military expedition’s cost would far outweigh any revenue to be collected by the whiskey tax, Memento claimed that suppressing the rebellion with such vigor would “encrease the creatures of government, both in the military and civil departments,” leading to “a fearful odds in favor of monarchy----one hundred for one.”69 Further criticizing federal application of power, Memento shifted abruptly to Indian matters and then wrote: I will conclude with a question, in which is involved the civil, political, and pecuniary interests of the state of Georgia; as also the political interests of all the Southern and Western states. Why are such extraordinary exertions made to quell the Western Indians, whilst those in the Southern department seem rather under the protection of the union than otherwise?70 This abrupt shift in criticism from of the use of federal power against white farmers on the frontier to an uneven treatment of Indian Nations underscores both a strong belief in state sovereignty and a particularly identifiable element of the overriding importance of Indian affairs in all aspects of civil governance. Such criticisms also reveal a central tension in the logic of federalism and the Constitution: Memento desired federal aid to quell Indians, but reviled the government when it attempted to raise operating revenue. 69 70 Augusta Chronicle, January 10, 1795. Ibid. Terry 39 Backcountry anti-federal sentiment gradually became a potent force, strong enough to be noticed by foreign visitors. The future King of France, Louis-Philippe, travelled throughout the United States in the 1790s, and extensively in the West. While traveling in Tennessee, the young Duc d’Orléans recorded in his journal the expressive anti-federalism of one Captain Chapman, likely a militia commander. He wrote that Chapman “vilified the American government roundly, stating that it imposed crushing taxes to pay a lot of useless people’s salaries, and neglected honest men’s political interests scandalously, etc. I made no answer and let him run on.”71 From this anecdote the passion of the anti-federalist cause expressed itself and its pervasiveness in the West is clearly seen. This was a passion which ultimately boiled over in Georgia in the 1795 scandal, but was present throughout the frontier areas of the nation. Washington, Hamilton, and the Federalist-leaning group that dominated the first few years of Constitutional government also set their sights on recovering America’s standing in foreign relations. In several aspects, and a view that would have been shared by many Georgian anti-Federalists, the Washington government handled Indian affairs as an aspect of foreign relations, and its actions in this regard can therefore be seen as a subset of a grander Washingtonian foreign policy. In the period from 1783 to 1787, the Confederation Congress’s weak delegated powers and general inaction had not resolved many of the lingering issues from the Revolutionary War following the ratification of a peace agreement in 1783, especially with regard to Loyalists and associated property disputes. With the Constitution, the United States was now equipped to more effectively handle international disputes. However, much like with 71 Louis-Philippe, trans. Stephen Becker, Diary of my Travels in America (New York: Delacorte Press, 1977), 112. Terry 40 Indian affairs, which in their own right might have been considered international affairs, the implications of the 1794 Jay Treaty with Great Britain rankled Georgia republicans. The terms of Jay’s Treaty confirmed in the minds of many a Northern and commercial bias in the administration and in Federalist policies. The treaty was primarily commercial in nature; Jay’s main objective was to secure shipping rights for Americans in British territory. It also secured the withdrawal of British troops from the Northwest Territory according to the borders of the 1783 peace treaty. Most strikingly, while Jay and the other negotiators arranged mutual recovery of damages sustained to property during the war, the American delegation and the British government came to no agreement to compensate planters for the value of slaves freed by the British Army during their southern campaigns.72 This omission, at a time when Britain had yet to outlaw slavery or even the international slave trade, was especially galling to many Georgians and other Southerners. Those who were heavily invested in the slave system were not pleased by the foreign policy priorities laid out in the treaty. The terms of the treaty confirmed suspicions “that the federal government is neglectful of the state of Georgia.”73 This perceived neglect was seen as yet another blow to the position of the state in the Union and a further degradation of state power to the benefit of the federal government. Though the treaty’s negotiations reached a conclusion in 1794, it would not be ratified by the Senate until mid-1795, well into the Yazoo crisis. The impact of non-Native foreign relations in the form of the treaty with Britain was therefore bound up in the midst of the Yazoo Fraud of 1795 itself. In addition to the foreign relations controversies that tainted Federalist policies between the first and second Yazoo sales, the threat of Indian warfare continued largely unabated. Though 72 Miller, The Federalist Era, 166. Columbian Herald (Charleston, SC), July 25, 1793, NewsBank/Readex, Database: America's Historical Newspapers. 73 Terry 41 the Treaty of New York had ostensibly settled territorial questions with the Creek chiefs, conflict and attacks on the borderlands went on. The failure of the Washingtonian treaties to produce a settlement and the appearances of an equitable treatment of native nations served to further inflame frontier sentiments. An account of an attack which took place near Fort Washington, a small militia-manned outpost in Franklin County, a new jurisdiction in the northwestern part of the state, displays the ferocity of the ongoing Indian war. Archer Norris, a member of the militia, described an ambush in which an unspecified tribe of Indians using stolen horses attacked the militia party and killed the commander of the party, a Lieutenant Hay. When Norris returned a day later to the skirmish site to bury the dead, he and the rest of the party discovered them “scalped, stripped naked, & mangled with knives & tomahawk in the most barbarous manner, with their privates cut off.”74 Later in 1794, edging closer to the Yazoo sale, further reports of unabated Indian attack filtered their way through to Augusta, and in at least one case to Philadelphia, where Senator James Gunn received a report from Lieutenant Colonel Daniel Stewart in November of 1794, one month before passage of the Yazoo Act. James Gunn was a noted proponent of Federalist policy, and was occasionally in direct contact with Alexander Hamilton regarding federal policy in Georgia. In 1790, Gunn wrote to Hamilton concerning the widespread opposition to the treaty of New York, saying that “the late Treaty with the Creeks is much complained of in the Southern States,” and noted the cause of this lamentable situation: “Unfortunately the encouragement given to Savage insolence has spurred them to action, for they continue to kill the defenseless Inhabitants on our frontier.”75 Gunn himself saw evidence of this encouragement in late 1794 in Joseph Vallence Bevan papers, “Deposition of Archer Norris, 1794 August 1” Folder 12, Item 105. Georgia Historical Society, Savannah, Georgia. 75 “To Alexander Hamilton from James Gunn, 11 November 1790,” Founders Online, National Archives (http://founders.archives.gov/documents/Hamilton/01-07-02-0162.) 74 Terry 42 a letter from Lieutenant Colonel Stewart, which detailed attacks on the families of a Mr. Johnson and Mr. Baggs, two residents of frontier Liberty County. The militia commander paints a further grim picture, writing “they have killed and scalped Johnson’s eldest daughter, his son about 3 years old was also scalped, but he is not dead.” The graphic depictions of violence against children continue: Mr. Baggs’ infant child had been beaten against the house and was found lying almost breathless in the yard.”76 Reports such as these represented an indictment of the failure of Federalist Indian policy and the consequences predicted by those who had criticized the 1790 treaty. In this light, the Yazoo Grants clearly took place in an environment highly charged with violence and conflict with Native Americans. For many on the frontier, the protections due to them by the Constitution in exchange for an abandonment of full state sovereignty were simply not being rendered. Federal protection, if it was to mean anything, implied “ridding the region of Indians.” 77 This was a project that clearly was not occurring, especially in Georgia. The Scandal Erupts, and Transforms Georgia “Entitled an act supplementary to Chickemitrantro, which said iniquitous act contains amongst other things, the sale of a certain empire in the west.” —Editorial, signed “Van Tanterobogus,” The Augusta Chronicle, May 2, 1795. The Yazoo Land Fraud of 1795 was a culmination of dissatisfaction with the inaugural six years of federal rule in the United States. Georgia, the youngest and least developed of the Joseph Vallence Bevan papers, “ Letter of Colonel Daniel Stewart to General James Gunn, 1794 November 2” Folder 12, Item 106. Georgia Historical Society, Savannah, Georgia. 77 Patrick Griffin, American Leviathan: Empire, Nation, and Revolutionary Frontier (New York: Hill and Wang, 2007), 185. 76 Terry 43 original states, was in many ways most affected by the new government. The Constitution designed the federal government to specifically manage many of the issues facing frontier development: military protection of the nation’s undeveloped land, foreign relations, and, most importantly, Indian affairs. The 1795 fraud became the forum for an explosion of a populist revolution and a demonization of an investor class identified with Federalist policies. Language previously reserved for Indians, or the Tory sympathizers, was hurled at the Georgia legislature and its pernicious ties to money. After the nullification of the 1789 Land Grants, disappointed investors did not remain idle long. Within a short period, speculators were back at work to obtain many of the same lands. In the aftermath of the nullification, revelations of the existence of the Combined Society and their new efforts to secure land did much to solidify the perception of speculators as secretive, greedy financiers. The Combined Society was founded as a secret group, conceived of as a means to promote the interests of investors in Georgia.78 The mere knowledge of the existence of such a group planted the seed of the notion of corruption related to land sales in the Georgian populace. With the strong support of James Gunn, one of two United States Senators from Georgia and a public supporter of Alexander Hamilton’s Federalist views, and former members of the defunct 1789 companies, the efforts to secure a second sale moved forward in fall of 1794.79 The support of a prominent Hamiltonian politician such as Gunn does much to explain the furor that would follow—though in violation of Washington’s foreign policy, the sale played into Republican rhetoric perfectly. In the Republican view, the real ideal of the Federalists was 78 79 Lamplugh, Politics on the Periphery, 75. Ibid., 107. Terry 44 not law and order and strength, but money to the detriment of all else, including security on a frontier far away from Boston, Philadelphia, or New York. Map from Thomas P. Abernethy, A History of the South: Volume IV, The South in the New Nation. With some differences, including a fourth speculatory company and a somewhat larger sale of land, the grants resembled the sale of 1789. The defining difference, which would propel the fraud and Georgia into the national discourse, was the exposure of corrupt practices employed to ensure passage of the Yazoo Act through the General Assembly. To ensure the bill’s passage, Senator Gunn and others sold shares of the Yazoo corporations to members of the General Assembly; all legislators except one who invested in such shares voted in favor of the bill.80 This conflict of interest is the only well-documented and certain aspect of the legislature’s corruption, but allegations and some evidence of direct bribery and money for votes emerged 80 Ibid., 109. Terry 45 later, and the populace largely believed them. Despite lingering reservations, the sitting governor, George Matthews, signed the second Yazoo Act on January 7, 1795.81 Whatever the true nature and scope of the Yazoo corruption, the discourse concerning the act quickly took a fierce tone and channeled many of the frustrations of the previous years against what was, by all appearances, a corrupt state legislature. By early February, grand juries began urging a correction of the disposition of the western lands. A jury from Chatham County, the jurisdiction that includes the City of Savannah, declared in a February 9 letter to the Savannah-based Georgia Gazette that they did not “conceive that the framers of the Constitution [of Georgia] possibly could have had in contemplation that any Legislature would have adopted such a mode of disposing of our territory.” 82 While mild in comparison to some of the later attacks on the land law, it signaled a swift beginning and displayed a wide dissatisfaction with the acts of the legislature, even in low-country and mercantile Savannah. The public political discourse of the Yazoo debacle played itself out largely in newspapers and in pamphlets. The two major urban centers of the state, Savannah and Augusta, provided the intellectual battleground for the dispute. Savannah, the oldest settlement in Georgia and the capital up until the revolution, heavily relied on a trade network dominated by its sister city Charleston, and was an integral component of the Atlantic trade network more broadly.83 Savannah also had served as the center of reestablished royal government during the revolution, and through newspapers such as the Royal Georgia Gazette it was at the forefront of the Loyalist cause.84 Augusta, Georgia’s second city, served as the capital during the war as the Patriot 81 Robert Bruce Cannady, The Public Life of George Mathews, in Georgia (Athens: University of Georgia Press, 1957), 99. 82 Georgia Gazette (Savannah),February 12, 1795, NewsBank/Readex, Database: America's Historical Newspapers. 83 Walter J. Fraser, Jr. Savannah in the Old South (Athens: The University of Georgia Press, 2003). 63. 84 Ibid., 130. Terry 46 government fled the British advance and was also the legislative seat at the beginning of the 1795 scandal. It participated less in the Atlantic trade network and was more sympathetic to agrarian political tendencies. As a consequence, its newspapers provide a true representation of frontier opinions on state governance and were indeed the most vociferous in their opposition to the Federalist Party and the Yazoo sale. During the Yazoo Scandal, the capital of the state had moved to Louisville, a small town which only served as the seat of government for a few years before it shifted again westward to Milledgeville. There were no newspapers that were active in small Louisville during the scandal, but it can be presumed that they would have been Jeffersonian and anti-Yazooist in character. Louisville was also the county seat of Jefferson County, created in early 1796 as the anti-Yazoo legislature was at the height of its power. It is telling that what essentially amounted to an endorsement of Jefferson for the presidency would occur at this moment; state politics had shifted in favor of republican agrarianism, and the Yazooists and Federalist Party were forever linked in political discourse. The language of attack soon escalated, and exposing deep populist sentiments that had emerged throughout the Washington administration. Anti-Federalists directed these attacks at the Yazooists, in many instances beyond the scope of the sale itself, with increasingly hostile and eventually violent language evocative of the rhetoric during the Indian Wars and earlier criticism of federal overreach. In a letter by an unknown Georgian to an associate in Baltimore, the author feared a reversion to the principles of the mother country: “We are, I fear, my friend, galloping fast in the road of corruption, and contaminating out manners with the aristocratical principles of Terry 47 Great-Britain.”85 This was one of the first instances that directly connected the Yazooists to principles antithetical to republican government and a sign of language to come. Simultaneous to the beginnings of the Yazoo crisis, the Washington administration further acted to put Federalists in Georgia in an unenviable position. The sale of 1795, much like the 1789 iteration, flagrantly violated the same Indian treaties that doomed James O’Fallon and the more recent 1790 Treaty of New York. A Congressional committee, responding to an inquest of the president concerning the Georgia grant, squarely condemned the state’s legislation. It recommended that Washington “use all constitutional and legal means, to prevent the infraction of the treaties made with the Indian tribes,” by the Yazoo companies.86 James Gunn and his associates were now placed in a unique position. Despite being the principal drivers behind the Yazoo act, Congress and members of their own party recommended that the sale be undone or corrected for the furtherance of Native rights. Resentment of Federalists in Georgia was now two-fold, through association with a national administration that protected Indians, and an association through the Yazoo with the risky financial aspects of Hamiltonian economic policy. In this way, the Yazoo Fraud tapped directly into the national political discourse of Hamilton against Jefferson, and by extension, Federalist against Republican. Thomas Jefferson resigned his position as Secretary of State in Washington’s cabinet at the end of 1793 and had progressively distanced himself from Washington. The national political opposition to the faction of Washington, Hamilton, Adams, and other administration figures that would become organized as the Federalist Party, coalesced around the figure of Jefferson. The future president was free to more actively oppose the Federalists and promote his agrarian republican views now that he was 85 86 Augusta Chronicle, March 14, 1795. Augusta Chronicle, March 28, 1795. Terry 48 no longer in government. Hamilton, the face of high-Federalism since the beginning of Washington’s first term and his implementation of the state debt assumption plan, was also out of government, resigning his post as Secretary of the Treasury in January of 1795. The factions that these two men represented were starting to become more active in criticism of each other, perhaps in anticipation of the presidential election of 1796, in which Washington would not contest. The Yazoo Scandal broke as the framework of the American political parties themselves began to emerge. Backlash to the government’s Yazoo sale swiftly appeared in the pages of the state’s newspapers in Augusta and Savannah. It quickly became apparent to what extent the Yazoo debate would be intertwined with the ongoing national political battles. Savannah, as a center commerce, especially the importation of luxury goods from Great Britain for consumption by the planter elite, would not seem the most likely center for the criticism of the Yazoo bill.87 However, there existed in Savannah a large artisan class that was attracted to many of the elements of Jeffersonianism, though it had a reputation largely as an agrarian ideology. Some of the most prominent critics of the Yazoo bill in Savannah were the so called “Mechanics Societies” which sprang up in several urban centers in the 1790s. In the city of New York, mechanics and other skilled laborers that formed the nucleus of what would eventually become a working class were attracted to the nascent Tammany Society that would go on to achieve great infamy in the late nineteenth century. New York was not alone; this process replicated throughout major urban centers and with similar Jeffersonian societies because “the Federalist party appeared to them to be ready to betray liberty and independence.”88 In Savannah, there was 87 Fraser, Savannah in the Old South, 155. Peter Paulson, “The Tammany Society and the Jeffersonian Movement in New York, 1795-1800,” New York History, Vol. 34, No. 1 (January1953), 72-84, accessed 12 March 2016, http://www.jstor.org/stable/23153981. 88 Terry 49 a sharp difference in views between the less elite artisans and the British import merchants.89 The Tammany Society itself was a somewhat ironic manifestation of populist attitudes, given that it was named for Chief Tammany, one of the most admired native chiefs of the pre-revolutionary era, noted for his civility and friendliness toward Europeans. Europhilia and adoption of hallmarks of Western civilization would ultimately not secure Native positions against a wave of racially-charged populism and nationalism that swept the heavily Europeanized Cherokee Nation from their homeland in the 1830s. In Savannah, the Mechanics organized themselves into societies rather than attaching themselves to an already existing body. In late 1793, the artisans of the city organized themselves into the Savannah Mechanics’ Association and became a visible and outspoken source of urban Jeffersonianism. When the Yazoo scandal erupted, the Mechanics sprang into action in opposition to the act and in support of the Republican slate of candidates for the legislature. Because they lived in coastal Savannah, issues of land policy itself were less important and threat of attack from Natives less imminent. However, their attack on the Yazoo faction on the basis of republican morals added greater credence to assertions that the corruptionriddled legislature was threatening the society and creating an existential crisis for the republic. This alarmist mentality played into the rhetoric of those on the frontier. A contributor to the Georgia Gazette of Savannah, writing under the simple appellation of “A Mechanic,” put these concerns of the artisan class to paper in September 1795. The Mechanic’s criticism was intertwined with the controversy over the passage of Jay’s Treaty, a political point that was particularly controversial in a center of overseas commerce such as 89 Fraser, Savannah in the Old South, 155. Terry 50 Savannah, divided between artisan interests and Anglophile merchants. The Mechanic wrote concerning the progress of Treaty Committees, bodies set up to protest the passage of the treaty in various municipalities throughout Georgia. The Mechanic warned that the people “ought, I think, to be on their guard against the persons on each [Treaty] Committee who are embarked or any wise concerned in the Yazoo and Western Territory speculations, and to suspect that they have been active merely to curry favor at the next Election.”90 By this point, the view of Yazooists as pernicious agents of self-serving nefariousness had become a hallmark of virtually every political discussion in Georgia. About one month later, the Mechanic’s relatively light criticism of the Yazooists was seized upon even more vociferously by the “Real Mechanic” in the October 1 edition of the Georgia Gazette. Going further than the Mechanic, the Real Mechanic stated that “I agree with him, and advise my fellow voters to beware of Yazoo speculators; beware of wolves in sheeps clothing; beware of men that would ruin the country, without regarding oaths or the principles of honor, to make their own fortunes.”91 Already writing about a sort of existential crisis of morality for the state, the Real Mechanic saw the ouster of the Yazooists as a social and political imperative. His tirade against the Yazoo faction continued, venting anti-Federalist frustrations at a class of financiers and speculators and showing how deep corruption and misuse of public funds and land struck against populist ideology. His full commentary against the Yazoo men concludes: These persons will oppose, by every artifice, the election of such worthy men as we sent last year to legislate for us, who prove their regard for the country by virtuously and bravely opposing the torrent of fraud and bribery that swept away with it the base majorities of both houses. These are the kind of men that made the paper money, by which the merchant and the hard working mechanic were paid off with one fourth of what was justly due to them, to the disgrace of the state. These are the kind of men that 90 e Georgia Gazette(Savannah),September 10, 1795, NewsBank/Readex, Database: America's Historical Newspapers. 91 Georgia Gazette (Savnnah), October 1, 1795, NewsBank/Readex, Database: America's Historical Newspapers. Terry 51 made a law cutting off interest upon all accounts contrary to our Constitution, which forbids the making of retrospective laws, as all bargains and contracts ought to be governed by the laws under which they were made. These laws, made by knaves, were fitted only to benefit such, for honest men scorned to take advantage of them. Beware, therefore, my fellow citizens, of such men; choose honest men for our law makers; choose no knaves, nor speculators; and if all the other counties follow the same plan the wicked law disposing of our western lands will be repealed, for being fraudulent; the hopes of these perjured men will perish, and we shall have the pleasure of seeing vice humbled, and virtue triumphant.92 The Real Mechanic repeatedly demeaned and lowered the Yazoo faction to a status of not real men, or at the very least not true citizens deserving of the title. Not content with blaming mere greed, he called the Yazoo speculators “wicked” and suggested some purposeful malicious intent. The investors behind Yazoo were consigned to a category outside the framework of a virtuous republican society, a position that had theretofore only been occupied only by Tories and loyalists and, most notably, Native Americans. Perhaps one of the most telling of the anti-Yazoo newspaper pieces, and also one of the most confusing editorials in attack of the Yazooist cause, was written under the bewildering pen name of “Van Tanterobogus.” In an era of journalism flush with the use of pen names, “Van Tanterobogus” remains a particularly unusual one. Aside from the word “Van,” typically indicating a person of Dutch background, there is virtually no other information regarding the significance of the name. Further adding to the mystery and confusion concerning Van Tanterobogus, the term “bogus” as referring to something counterfeit or false was only first documented in 1827, some thirty years after the Yazoo episode.93 In an edition of the Augusta Chronicle published before Van Tanterobogus made his appearance, another contributor 92 Ibid. "bogus, n.1 and adj.". OED Online. March 2016. Oxford University Press. http://www.oed.com/view/Entry/20990?rskey=EkYFZU&result=1&isAdvanced=false (accessed April 20, 2016). 93 Terry 52 appeared under the possibly related name of “Tantara-Rara.”94 In addition, an earlier edition of the Augusta Chronicle made cryptic reference to Van Tanterbogus before it published the most incendiary anti-Yazoo article of the entire affair, merely stating at the end of a list of headlines reported from Philadelphia that “ ‘Van Tantorobogus’ [sic] is received.”95 Regardless of the true origins of this pseudonym, the Van Tanterobogus piece encapsulates the spirit of the anti-Yazoo movement succinctly and with a startling degree of viciousness. The piece was written in the form of a somewhat confusing and fantastical satire set in the fictitious “Commonwealth of Washington,” a stand-in for the state or, given the name, the Union as a whole.96 It begins by introducing the character of “Dragon Canoe,” against whom charges of corruption are to be laid. The name “Dragon Canoe” on its own carries much of the same notes of gibberish as “Van Tanterobogus,” but it is in fact a corruption, intended or otherwise, of the name of a famous Cherokee Chief, Dragging Canoe. Dragging Canoe, though dead by 1795, had terrorized the Southwestern frontier throughout the American Revolution and after the war. Dragging Canoe was described as having a “hatred of the white men who were stealing their land [which] would soon divide the Cherokee nation, and make him an implacable enemy of the Americans.”97 The image of Dragging Canoe called out to readers of the Augusta Chronicle and evoked the very worst perceptions of Native Americans; any pretention of the existence of a “Noble Savage” was eschewed in favor of the view of the native as bloodthirsty and savage. Employing an allusion to such a figure represented the highest level of disdain. 94 Augusta Chronicle,March 28, 1795. Augusta Chronicle, April 25, 1795. 96 Augusta Chronicle, May 2, 1795. 97 John L. Nichols. “Alexander Cameron, British Agent among the Cherokee, 1764-1781The South Carolina Historical Magazine” 97, no. 2 (April 1996): 104, accessed 17 March 2016, http://www.jstor.org/stable/27570150. 95 Terry 53 The piece goes on to say that Dragon Canoe, who serves as de facto leader in the fantastical Washington Commonwealth, and possibly a literary surrogate for Governor George Mathews, was being led by those “being of malicious heart, and evil and wicked mind” who were members of the nefarious “State Goose Society.” 98 This is a likely reference to actual organizations like the Combined Society of years previous, thus linking the events of 1795 to a train of past speculation and possible conspiracy. The succeeding paragraphs are littered with additional confusing prose and Indian language. The Yazoo Act is coded in Native imagery in the description of actions leading to the passage of “an act supplementary to Chickemintrantro, which said iniquitous act contains amongst other things, the sale of a certain empire in the west, to the said State Goose Society¸ in exclusion to all others, because they would give least to the said commonwealth and most to [Dragon Canoe] as a burgess.” 99 All of this language, given the atmosphere of the state against both Native Americans and speculators, cast them as similar in morals and aims for society. This rationale gives the climax of the Tanterobogus exposition all the more gravity and blistering tone of a call to violence, when the writer declared that “the said Dragon Canoe ought to be punished with the pains of Rope and Gallows, to deter others form the like in the future.”100 Regardless of any genuine intention to incite violence, such an editorial brought the rhetorical tone of state politics to a place it had not been since the Revolution and was a harbinger of the future revolution in American politics, albeit peaceful, in the election of 1800 and the evisceration of the national Federalist party. Van Tanterobogus’s call for vengeance against corrupt officials and colluders with morally repugnant speculators likely did claim one known life. In September of 1795, Robert Thomas, a sitting senator of the Georgia General 98 Augusta Chronicle, May 2, 1795. Ibid. 100 Ibid. 99 Terry 54 Assembly, was shot and killed while in his South Carolina home.101 The assassin was never apprehended nor identified. The rationale behind the shooting was not certain, but it was reported that “it is generally supposed that his death was occasioned by his voting for the Yazoo bill, and receiving upwards of FOUR THOUSAND DOLLARS for that vote.”102 Politically, the most influential criticism of the Yazooists was the Letters of Sicilius, a series of pieces lambasting the Yazoo sale and exposing its moral indefensibility. Written under the pen name of Sicilius, but generally known to the work of Senator James Jackson, the letters proved instrumental in catapulting Jackson to the governorship and setting the tone of Georgia politics for the next few decades. His tone was dismissive of self-serving politics and reveled in populist appeal, but also took a non-caring approach to the plight of Indians as a consequence of the fraud and in western land policy in General. Jackson, under the guise of Sicilius, broke apart the Yazooist claim to legitimacy at every level. From a legal standpoint, Jackson laid out the case that the Yazoo sale was illegitimate from its inception, not only due to its corrupt passage, but because of its violation of Indian Treaty. This argument seems surprising, given the hostile climate toward federal Indian policy, but Jackson made a clear distinction when he answered his own query: “Now let us ask one question, were there no treaties with Indian tribes within the limits of Georgia, existing at the time of her adoption of the Federal constitution, and staring her convention in the face?” Sicilius responded to this by dismissing the Treaty of New York as obviously not applicable, writing, “I will drop the infamous treaty at New-York, and all prior negotiations with the perfidious Creeks.” He further wrote: “Yes, there existed two treaties—one signed at Hopewell with the Choctaw nation, on the 3rd January, 1786. The other signed at the Mabel L. Webber, “Marriage and Death Notices from the City Gazette,” The South Carolina Historical and Genealogical Magazine 23, no. 2 (April 1922): 72. 102 Independent Gazetteer (Philadelphia), October 21, 1795. 101 Terry 55 same place with the Chickesaws, on the 10th day of the same month; the whole or nearly so of the boundaries defined in those treaties and guaranteed by them, by the United States to those tribes, are included in this sale.”103 Jackson expressed a degree of sympathy for the Chickasaw and Choctaw and their pacts with the Confederation Congress and affirmed their legitimacy in his Sicilius treatise. The Senator was not unaware of the hostilities toward the Creeks and roundly dismissed the validity of any treaty with the Creek Nation due to their violence toward settlers. While using federal legal precedent in Indian affairs in his attack of Yazoo, he left open the possible legitimacy of discarding a federal Indian policy that is too light on violent threats to the frontier. To make it abundantly clear that he was no friend of the Creeks or the federal government, Jackson wrote: “I have neither my eyes or ears shut to the complains of my fellow citizens, and I view the savage cruelties of the Creeks, and the hitherto tame conduct of the United States with as much aversion as any man.”104 However, Jackson recognized that the Creek issue was not directly related to the particulars of the Yazoo grant and further explained that “the complaints and injuries of our citizens, the savage cruelties of the Creeks is one thing, but the constitutionality of the grant is another thing.”105 Here Jackson expressed a profound distaste for Washingtonian Indian policy without making the main thrust of his anti-Yazoo argument. The governor-to-be found it expedient to rally the disaffected, including Jeffersonians, to his cause while still making it clear that he had no desire to see federal protection of the Creek nation. By injecting this anti-Creek discourse into his populist rhetoric against the Yazooists, 103 James Jackson, The Letters of Sicilius to the People of the State of Georgia (Augusta: John E. Smith, 1795), 31. America’s Historical Imprints by Newsbank/Readex. 104 Ibid., 32. 105 Ibid. Terry 56 whom he rails against as “a corrupt majority of the legislature,” Jackson manipulated anti-federal and anti-Indian sentiment in his quest to obtain the governorship and dominate state politics.106 The Treaty of New York, the denunciation of O’Fallon, and suppression of the Whiskey Rebellion had all signaled an unwillingness to seriously deal with the Indian issue and apply due power to chastise the Creeks and Cherokee. When a new land sale in imitation of the 1789 grants came once again after President Washington put the first one to a halt, Georgians perceived it as a mere tool of Federalist speculators and overseas investors and not a serious effort to settle the land. When the Yazoo crisis, with its corruption, conflicts of interest, and claims of overt bribery, burst onto the scene, it caused a firestorm of resentment and a seminal moment in state politics. Anger toward a speculator class, compounded and intertwined with the politics of the Federalist Party, the Indian and western land policy of George Washington, and a feeling of neglect toward the state, all caused the Yazoo Scandal, not merely a belief in acts of ethical malfeasance. The Yazoo Land Fraud and subsequent populist revolution under Governor James Jackson was a seminal moment in Georgia politics and a substantial event in the formative stages of American party politics. The political aspects of the fraud, both state and national, are well documented and well established. The Fletcher v. Peck decision’s landmark stature as a defining case of United States federalism in opposition to state power has contributed to a consideration of the Yazoo in this way and this way alone. The Yazoo case’s most indelible impact on the culture and society of the Old Southwest, for Anglo-Saxons, Hispanics, and Native Americans, was its redefinition of the relationship between the white settler population at large and the Native American community. For Georgia voters and the state’s citizens more generally, the 106 Ibid., 48. Terry 57 Yazoo scandal represented their first real opportunity to castigate the forces that were eroding their republican, agrarian livelihood, not just in corrupt land sales, but in Indian affairs. Indeed, for many, the distinction between the two was unclear and muddied. The land policy of a financier-influenced legislature in political alliance with the Federalist Party was toppled by what appeared to be overwhelming popular will. The emergence of a populist savior in the person of James Jackson, inaugurating a what could be called a Jacksonian era in state politics, dominated by the Jeffersonian Republicans, allowed for a complete domination of the Republicans in regional affairs and a channeling of populist impulses into public discourse. While it might not have directly resulted in the “serious war with the Creeks” that some demanded, it set an important precedent, indicating that a popular mandate could override many of the dictates of quasi-aristocratic, entrenched, commerce-friendly politicians. When considered within the wider context of the maturation of American populist rhetoric, the Yazoo crisis is more clearly seen as influential, and perhaps even formative. The Jackson government and the faction favorable to him were instrumental in the eventual implementation of the land lottery distribution system in Georgia, replacing the chaotic system then in place, which obviously favored large speculation companies.107 A populist democratic revolt that results in the upturning of an established, perceived elitist political establishment is an archetype that has occurred many times since the foundation of the republic, but the Yazoo movement represents the earliest incidence of this phenomenon within the framework of the Constitution and democratic processes. For the South, this process would repeat itself most notably, and on a much larger scale, some thirty years later with the election of President Andrew Jackson against John Quincy Adams, an intellectual and political 107 Lamplugh, Politics in the Periphery, 190. Terry 58 descendent of the conflict between Federalists and Republicans in the 1790s and early 1800s. The rise of Jacksonian democracy and its blatant disregard for the legal rights of Native Americans was not a direct result of the Yazoo crisis, but the seeds of that movement can be seen in Yazoo. Wresting the mantle of state government from the grasp of Federalist policy, which had been deft in legalistic approaches to land, western expansion, and Native American policy, gave the republican populist movement one of its first notable victories after 1787. The train of events that would eventually lead to passage of the Indian Removal Act, over the protests of the last vestiges of Federalism in the Supreme Court, began decades earlier in the Yazoo. Terry 59 Bibliography Primary Augusta Chronicle, December 19, 1789. Microfilm. University of West Georgia Library. Augusta Chronicle, May 28, 1790. Microfilm. University of West Georgia Library. Augusta Chronicle, October 30, 1790. Microfilm. University of West Georgia Library. Augusta Chronicle, November 13, 1790. Microfilm. 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