Volume III Part 69 (1/2)

Thus John Marshall's great opinion was influential in securing from Congress the settlement of the claims of numerous innocent investors who had, in good faith, purchased from a band of legislative corruptionists.

Of infinitely more importance, however, is the fact that Marshall's words a.s.serted the power of the Supreme Court of the United States to annul State laws pa.s.sed in violation of the National Const.i.tution, and that throughout the Republic a fundamental principle of the law of public contract was established.

FOOTNOTES:

[1359] See _infra_, 550.

[1360] Affidavit of Clem Lanier, _Am. State Papers, Public Lands_, I, 145.

[1361] Affidavit of Peter L. Van Allen, _ib._

[1362] _Ib._ It would appear that one hundred and fifty thousand acres were allotted to the thrifty Scotch legislator. He sold them for $7500.

[1363] Affidavit of John Thomas, Jr., _Am. State Papers, Public Lands_, I, 148.

[1364] Affidavit of Philip Clayton, _ib._ 146.

[1365] Affidavit of John Shepperd, _ib._

[1366] About sixty affidavits were made to show the venality of members of the Legislature. Of these, twenty-one are printed in _ib._ 144-49.

[1367] Harris: _Georgia from the Invasion of De Soto to Recent Times_, 127-28; White: _Statistics of the State of Georgia_, 50; Chappell: _Miscellanies of Georgia_, 93-95.

These writers leave the unjust inference that Wilson was one of those who were corrupting the Legislature. This is almost certainly untrue.

For a quarter of a century Wilson had been a heavy speculator in Indian lands, and it appears reasonable that he took this money to Augusta for the purpose of investment. When the deal was consummated, the Justice held shares to the amount of at least three quarters of a million of acres. (Chappell, 94.)

[1368] _Ib._ 95.

[1369] Gunn's reelection was the first step in the conspiracy. Not until that was accomplished was a word said about the sale of the lands.

Immediately after the Legislature had chosen Gunn for a second term in the National Senate, however, the bill was introduced and the campaign of intimidation and bribery launched, to force its pa.s.sage. (_Ib._ 82-83.)

[1370] See Mathews's reasons, as quoted in the Rescinding Act of 1796, _Am. State Papers, Public Lands_, I, 156.

[1371] Chappell, 86.

[1372] The claims of Spain to the territory had been a serious cloud on the t.i.tle. In October, 1795, the treaty with the Spanish Government, which removed this defect, was published. Senator James Gunn had knowledge that the treaty would be negotiated long before it was made known to the world or even concluded. This fact was one of the reasons for the mad haste with which the corrupt sale act was rushed through the Georgia Legislature. (See Chappell, 72-73.)

[1373] Gunn was a perfect example of the corrupt, yet able, bold, and demagogical politician. He was a master of the arts alike of cajolery and intimidation. For a vivid account of this man see Chappell, 99-105.

[1374] Haskins: _Yazoo Land Companies_, 24.

[1375] _Am. State Papers, Public Lands_, I, 151-52.

[1376] Chappell, 87.

[1377] ”A small smoky cabin with a dirt floor was the home of most of them.” (Smith: _Story of Georgia and the Georgia People_, 181.) For a good description of pioneer houses and manner of living, see Ramsey: _Annals of Tennessee to the End of the Eighteenth Century_, 715-16.

[1378] Smith, 170-71.

[1379] Morse's _American Gazetteer_, as quoted in Bishop: _Georgia Speculation Unveiled_, 3-4.