Sunday, August 2, 2026

ARP395 Washington’s Farewell Address

By 1796, Washington was tired of serving as president.  He made no secret of the fact that the increasing divisions and criticisms of his government annoyed him.  The divisive issues like the Genet Affair, the Jay Treaty and the Whiskey Rebellion had forced him to take controversial positions which dampened the universal acclaim that he once felt from the public.  The opposition press regularly attacked his policies, which irritated him to no end. All of the people who had begged him to serve a second term in office had gone home themselves.

George Washington
by Gilbert Stuart in 1796
He was also 64 years old.  He had already outlived most of his male relatives and felt like he was physically declining.  He suffered from rheumatism and a bad back.  Pain from dentures made it difficult for him to speak or eat in public.  His hearing was failing.  He also complained that his memory wasn’t what it once was.  He had survived several near fatal illnesses while in office and wasn't looking forward to another one.

Washington really wanted to get back to his home at Mount Vernon to enjoy his remaining years.  He wanted to spend time with his grandchildren, repair his plantation, resolve his personal finances, and simply get away from the affairs of government.

There was also an ideological reason.  Washington had received praise for walking away from power at the end of the Revolutionary War.  He did not want to set a precedent that the President should keep serving until death.  One of his fears of a second term was that he might die in office, and not have the opportunity to set the precedent of walking away from the presidency.  Washington very much wanted to walk away from the power of the presidency to set the precedent that American leaders were not like kings.  They did not serve for life.  It was the rule of law, not its leaders, who were sovereign in this new republic.

By this time, the unanimous calls for another term were also gone.  While the Federalists still very much wanted Washington to continue in office.   Democratic-Republican leaders, Jefferson and Madison, did not think the president was leading the country in the right direction anymore and were happy to have him retire.  While they didn’t voice this opinion to him, the lack of any calls for the president to remain from any Democratic Republicans made clear that his universal acclaim had faded.

Drafting the Address

Before he had been talked out of it, Washington had prepared a farewell address near the end of his first term.  James Madison had written the address at Washington’s request.  Madison wrote or heavily contributed to all of Washington’s major addresses in his first term and into the beginning of his second term.

By 1796 though, Madison and Washington were no longer on speaking terms.  They had divided on too many political issues.  Instead, Washington turned to Alexander Hamilton.  Although Hamilton was, by this time, living in New York and working as a private attorney, he was happy to assist his old boss.

Washington first reached out to Hamilton in February of 1796.  Out of concern that someone might be spying on the mail, they corresponded by personal courier.  Hamilton took three months to return a rough draft of a farewell address to the President in May.  

Timing of the announcement was important to Washington.  Of utmost concern was how it impacted his reputation.  Washington wanted it to appear that he was leaving at the top of his game.  He wanted to be perceived as walking away from power and returning to civilian life simply out of a commitment to rule of law and against the idea that rulers should serve for life.  That perception could be tarnished if he announced during a period of controversy.  The public might think he was simply afraid to confront the great issues facing him and was running away from the responsibilities that he faced.

Washington made these concerns clear when he wrote to Hamilton in June, adding that he regretted not announcing his retirement at the end of the Congressional session in March.  In retrospect, that would have been the ideal time.  Since he’d missed that opportunity, he asked for Hamilton’s views as to the best timing in order for him to appear to be walking away from power rather than running away.

Hamilton’s concerns on the timing were very different.  In his response to the President,  Hamilton suggested that the announcement be made about two months before the electoral college vote in December.

There had, of course, been lots of rumors that Washington would retire at the end of his second term.  Despite the rumors, the lack of a clear answer to the question kept many potential candidates from announcing their interest in the position and from publicly organizing to win over voters.

Keeping the question open prevented any Democratic Republicans like Jefferson from running an active campaign, because that would have been seen as opposing Washington.  Even if Washington did drop out, appearing to contest Washington’s leadership would be unpopular among many voters who still held the president in very high esteem.

The Federalists believed they would do better if Washington announced his retirement only within a few months of the election.  This would give the opposition far less time to mount a campaign and would presumably benefit the Federalist candidate.

Washington and Hamilton did not really come to any agreement as to the planned date for the announcement, but Hamilton spent most of the summer on the project of the farewell address before providing Washington with his drafts.

In July, Hamilton told Washington that he was working on two versions of the address.  One was an entirely new draft.  The other incorporated Madison’s 1792 draft with some necessary changes.  By the end of July, Hamilton sent his independent draft, and about two weeks later sent a draft which was based on Madison’s work.  A few weeks after that, Washington wrote to Hamilton saying that he preferred Hamilton’s independent draft over the modified Madison draft.    

Hamilton sent his final draft in September.  Washington submitted it to his cabinet for review.  He also wanted to make some changes.  There were some wording changes, but also some substantive ones.  Washington had asked Hamilton to include a few lines about the importance of establishing more institutions of higher learning.  Hamilton did not include that, so Washington added something himself.  He also greatly expanded on his neutrality policy, noting his motive was that the country needed time to mature before it could have a stronger foreign policy.  He also added a line about the importance of the Union as the main protection of liberty.

Washington also removed several lines, including one recommending industry and frugality to the American people.  He also removed some of the wording about concerns over political parties, using some language from the Madison draft instead.

Washington never intended to give the address in person.  Washington loathed public speaking, and with Congress away, there was no obvious audience at the capital to deliver such a speech.  This address was meant to be submitted to the public in writing. The same day he gave it to the cabinet for review, September 15, Washington asked David Claypool, editor of the American Daily Advertiser to publish the address.

The published address hit the streets on September 19.  That same day, Washington packed up, left Philadelphia and returned home to Mount Vernon.

The Address

Washington began his address by making clear that he would decline any consideration for reelection.  He noted that he never really wanted the job, but accepted it out of a sense of duty.  He would have preferred to have left the office sooner, but due to the concerns especially of foreign affairs, he had remained in the office.  But he was determined to retire.

The rest of his address were his words of advice for the country.  He began by stressing the importance of the Union.  

The unity of government which constitutes you one people is … a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize.

He recognizes that there had always been strong sectional divides, which remained.  Northern and southern states often had differing interests and priorities, as did the Atlantic and western states.  He thought, however, that we must overcome those.

He sees parties as playing on these divisions for partisan advantage when they should be bound together as brothers.  He notes that each part of the country is interdependent on the others.  The Northern focus on commercial and maritime enterprises, and the southern focus on agriculture both benefit one other.  The western states depend on the eastern ones for access to markets.  Washington also warns the west not to be tempted away by foreign powers - that they would be far less secure with foreign alliances than they are staying part of the union.

He also warns against rebellion.  He notes that the Constitution is a sacred obligation on all citizens, unless and until it is changed by an "explicit and authentic act of the whole people."  It is the duty of every individual to obey the government.  This seems to be a reference to the Whiskey Rebellion, noting that efforts to obstruct execution of the laws are a threat to the union and give rise to factionalism.

He warns against the temptation to resist laws that you do not like.  They give power to men who would destroy a government based on the people for their own benefit.  

However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.

Washington sees political parties as a threat to the country.  Americans must see one another as Americans, not as members of different parties, or it will destroy the country.

The alternate domination of one faction over another, sharpened by the spirit of revenge natural to party dissention, which in different ages & countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders & miseries, which result, gradually incline the minds of men to seek security & repose in the absolute power of an Individual: and sooner or later the chief of some prevailing faction more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty.

Washington also warns political leaders to stay in their lanes. They must respect the checks and balances set out in the Constitution:

It is important, likewise, that the habits of thinking in a free Country should inspire caution, in those entrusted with its administration, to confine themselves within their respective Constitutional spheres, avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism.

He emphasizes the importance of religion as well:

Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in Courts of Justice? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure—reason & experience both forbid us to expect that National morality can prevail in exclusion of religious principle.

He reminds the public that it is important to keep the public debt under control as well. 

As a very important source of strength & security cherish public credit. One method of preserving it is to use it as sparingly as possible: avoiding occasions of expence by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it—avoiding likewise the accumulation of debt, not only by shunning occasions of expence, but by vigorous exertions in time of Peace to discharge the Debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear.

The President turns next to foreign policy, reminding people that permanent fondness or hatreds for certain countries are to be avoided.  America must focus on its national interest, which may mean that relationships with other countries must necessarily change over time.  He warns against foreign influence, to which a Republic is particularly vulnerable since the people can be swayed.  Partisans may even use foreign influence to their own political advantage.  This causes us to ignore real dangers from a perceived ally.

Excessive partiality for one foreign nation and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real Patriots, who may resist the intrigues of the favourite, are liable to become suspected and odious; while its tools and dupes usurp the applause & confidence of the people, to surrender their interests.

While we need to engage commercially, political alliances with other countries have very real dangers. “The great rule of conduct for us, in regard to foreign Nations is in extending our commercial relations to have with them as little political connection as possible.”

He warns the country to “steer clear of permanent Alliances, with any portion of the foreign world” while trusting only “temporary alliances for extraordinary emergencies.”

He stresses the importance of neutrality in the ongoing war in Europe. That to do otherwise would take us from the goal of maintaining “Peace and amity towards other Nations.”

Washington concluded: 

“I anticipate with pleasing expectation that retreat, in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow Citizens, the benign influence of good Laws under a free Government—the ever favourite object of my heart, and the happy reward, as I trust, of our mutual cares, labours and dangers.”

Reception

Newspapers quickly reprinted the address around the country and in Europe.  

As much as Washington stressed his concerns over partisanship in his address, reaction to the speech broke down solidly among partisan lines. 

Federalists praised the address one called it “an oracle of political truth.”  Republicans, however, viewed the address as quite partisan.  Madison wrote in a private letter that the address showed that Washington was "compleatly in the snares of the British faction"

William Duane, a writer for the opposition paper Aurora, published an anonymous pamphlet calling the address “the loathings of a sick mind” and accusing Washington of simply trying to justify his past policies.

The new Congressman from Tennessee, Andrew Jackson, so opposed the points made in the address that he voted against Congress’ formal declaration of thanks for the presidents’ service.

While the address is written in abstract principles, it would be clear what Washington was talking about at the time when he warned against permanent alliances.  France had been America’s traditional ally since the Revolution and Britain had become its traditional enemy.  The Jeffersonians wanted a continued alliance with revolutionary France, which represented the end of monarchy in Europe.    Federalists wanted to rebuild a closer relationship with Britain.

Similarly the warnings against foreign influence and parties taking advantage of such influence, was a not so veiled attack on France’s efforts to use Republican clubs around the country to build popular support for Revolutionary France and foster hostility toward Britain.

Both sides seemed to read Washington’s address as implying that the American alliance with France no longer served American interests and that a closer relationship with Britain would serve those interests.  Federalists thought that was great.  Republicans, not so much.

Abroad, Britain praised the speech.  The Times of London represented the full text of the address and described it as a “very masterly performance.”  The new French minister in America, Pierre Adet, reported to his government that the address was full of lies, had an “insolent tone” and was essentially the doctrine espoused by Alexander Hamilton.

For the Republicans, the address seemed to be saying, let’s all come together and support the Federalist agenda.

Washington - lame duck

After Washington released his address, he remained president for nearly another six months, until Adams’ inauguration in March of 1797.  Washington returned to Philadelphia when Congress resumed its work in December, 1796, and gave his last state of the Union address.

There was still some final legislation in those final months.  Despite a treaty with Algiers, Congress voted to continue building three frigates, even though Congress had previously decreed that building would stop on the ship if they signed a treaty.

Congress also voted to disband two companies of light dragoons as a cost saving measure.  For only the second time in his presidency, Washington used his veto, arguing that those companies were essential.  Congress failed to override the veto and passed a revised spending bill that included the dragoons.

Washington also provided some last minute pardons, including ten members of the Whiskey Rebellion who had been convicted of treason.

But for the most part, Washington’s farewell address focused public attention on who would replace him in the presidential election and then on the incoming Adams Administration.

Washington spent most of his final months attending parties and banquets in his honor.  His 65th birthday in February, 1797, was a particular cause for celebration at a ball with over 1200 guests..

Despite these months of activity as President after publishing his Farewell Address, it marked the end of the Washington presidency for most Americans.

Next week, we’ll cover the Presidential Election of 1796.

 - - -

Next Episode 395 Washington's Farewell Address (coming soon)

Previous Episode 393 Yazoo Land Scandal

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Further Reading

Websites

Washington’s Farewell Address https://www.senate.gov/artandhistory/history/resources/pdf/Washingtons_Farewell_Address.pdf

Farewell Address, 19 September 1796 https://founders.archives.gov/documents/Washington/05-20-02-0440-0002

VIDEO: Washington's Farewell with Author John Avlon, by Bedford Community Television NH https://archive.org/details/bctvnh-Washington_s_Farewell_with_Author_John_Avlon

Bemis, Samuel Flagg. “Washington’s Farewell Address: A Foreign Policy of Independence.” The American Historical Review, vol. 39, no. 2, 1934, pp. 250–68. JSTOR, https://doi.org/10.2307/1838722

DeConde, Alexander. “Washington’s Farewell, the French Alliance, and the Election of 1796.” The Mississippi Valley Historical Review, vol. 43, no. 4, 1957, pp. 641–58. JSTOR, https://doi.org/10.2307/1902277

Heidenreich, Donald E. “Conspiracy Politics in the Election of 1796.” New York History, vol. 92, no. 3, 2011, pp. 151–65. JSTOR, http://www.jstor.org/stable/23185122.

MALANSON, JEFFREY J. “‘If I Had It in His Hand-Writing I Would Burn It’: Federalists and the Authorship Controversy over George Washington’s Farewell Address, 1808–1859.” Journal of the Early Republic, vol. 34, no. 2, 2014, pp. 219–42. JSTOR, http://www.jstor.org/stable/24486688

Spalding, Matthew. “George Washington’s Farewell Address.” The Wilson Quarterly (1976-), vol. 20, no. 4, 1996, pp. 65–71. JSTOR, http://www.jstor.org/stable/40259366

 “George Washington to Alexander Hamilton, 26 June 1796,” Founders Online, National Archives, https://founders.archives.gov/documents/Hamilton/01-20-02-0151.

“Alexander Hamilton to George Washington, 5 July 1796,” Founders Online, National Archives, https://founders.archives.gov/documents/Hamilton/01-20-02-0157

Free eBooks
(from archive.org unless noted)

Washington’s Farewell Address: With a Prefatory note by Worthing Chauncey Ford, Boston: Small, Maynard & Co. 1899. https://archive.org/details/washingtons-farewell-address-1899

Binney, Horace An Inquiry into the Formation of Washington's Farewell Address, Philadelphia: Parry & McMillan, 1859. https://archive.org/details/aninquiryintofo01binngoog

Mott, George S. “Formation of Washington's Farewell Address to the American People” The Pennsylvania Magazine of History and Biography, 1897. https://archive.org/details/jstor-20085755

Patsits, Victor H. Washington’s Farewell Address, New York Public Library, 1935. 

Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Avlon, John, Washington’s Farewell, Simon & Schuster, 2017. 

Chernow, Ron Alexander Hamilton, Penguin Press, 2004. 

Chernow, Ron Washington, A Life, Penguin Press, 2010. 

Chervinsky, Lindsay M. The Cabinet: George Washington and the Creation of an American Institution, Belknap Press, 2020. 

Elkins, Stanley M. and Eric McKitrick, The Age of Federalism: The Early American Republic, 1788–1800, Oxford Univ. Press, 1993 (borrow on archive.org). 

Ellis, Joseph J. His Excellency. George Washington, Alfred A. Knopf, 2005. 

Heidler, David S. & Jeanne T. Washington's Circle: The Creation of the President, Random House, 2015. 

Kaufman, Burton I. Washington's Farewell Address; The View from the 20th Century, Quadrangle Books, 1969 (borrow on archive.org).

Leibiger, Stuart Founding Friendship George Washington, James Madison, and the Creation of the American Republic, Univ. of Virginia Press, 1999. 

Malone, Dumas Jefferson and the Ordeal of Liberty, Little Brown & Co. 1962 (borrow on archive.org).

Meacham, Jon Thomas Jefferson: The Art of Power, Random House, 2012

Miller, John C. Alexander Hamilton and the Growth of the New Nation (or Portrait in Paradox), Harper & Brothers, 1959 (borrow on archive.org

Nester, William The Hamiltonian Vision, 1789-1800, Potomac Books, 2012. 

Randall, Willard Sterne Thomas Jefferson: A Life, Henry Holt and Co. 1993.

Spalding, Matthew and Patrick Garrity A Sacred Union of Citizens, Roman & Littlefield, 1996 (borrow on archive.org). 

Unger, Harlow G. "Mr. President": George Washington and the Making of the Nation's Highest Office, Da Capo Press, 2013.

Warren, Jack D. The Presidency of George Washington, Univ. of Va. Press, 1996 (borrow on archive.org).

 * As an Amazon Associate I earn from qualifying purchases.



Sunday, July 26, 2026

AR-SP52 Button Gwinnett, with Mark Di Vincenzo

Our July Round Table welcomed our special guest, Mark Di Vincenzo, author of, Button Gwinnett: America’s Accidental Founding Father.  Below is a summary of our discussion.

Di Vincenzo’s interest in Gwinnett began during a walking tour in Savannah, where a guide noted that Gwinnett’s burial place in a local cemetery was a mystery. Di Vincenzo discovered that the only existing full-length biography of Gwinnett, published in 1926 by Charles Francis Jenkins, portrayed him as a true patriot—an image Di Vincenzo’s research suggested was inaccurate. Because the historical record for Gwinnett is "skimpy," Di Vincenzo aimed to provide a more nuanced, thorough, and updated account of a man who is primarily remembered today for having one of the most valuable signatures in American history.

The Value of the Signature

A major part of Gwinnett’s modern legacy is the rarity of his signature. Although he held several notable positions—including merchant, planter, state legislator, Speaker of the House in Georgia, and briefly, Governor—only 51 of his signatures are known to exist. This scarcity has made his autograph highly sought after by collectors who aim to own the signatures of all 56 signers of the Declaration of Independence. Di Vincenzo notes that since the 1910s and 1920s, a Gwinnett signature has often cost more than a painting by Claude Monet. Recent sales have reached figures between $1.2 million and $1.4 million.

Early Life in England

Button Gwinnett was born in 1735 in Down Hatherley, Gloucestershire, a "wool town" near the Welsh border. His father was a vicar, and the family was established enough that Gwinnett did not have to work in the local wool mills. However, his parents did not consider him "college material," unlike his older brother, which Di Vincenzo argues set him on an unstable financial path for the rest of his life. Instead of higher education, Gwinnett was placed in several apprenticeships: first with an uncle who was a grocer in Bristol, and later with an ironmonger in Wolverhampton.

It was in Wolverhampton that he met his wife, Ann, whom their marriage certificate interestingly listed as a "22-year-old spinster"—a term used at the time for any unmarried woman of that age. While some historical records suggested Ann brought a massive dowry of £10,000 (millions in today’s currency), Di Vincenzo expresses doubt about this amount, noting that Gwinnett was "always scrambling for money" and lacked the business acumen to maintain wealth. Gwinnett’s primary motivation throughout his early adulthood was to prove to his parents that he could succeed without the education they had denied him.

Migration to Georgia and the "Social Experiment"

Gwinnett’s business ventures as a transatlantic trader eventually failed, leading him to move to Savannah, Georgia, in 1765. At the time, Georgia was a relatively new and unique colony, established as a "social experiment". Parliament had initially banned slavery in Georgia, intending for white settlers to perform all labor, including clearing forests and planting crops. By the time Gwinnett arrived, this experiment was ending, as many settlers believed they could not compete with the rice-growing economy of South Carolina without enslaved labor.

The end of the Seven Years’ War also made Georgia more attractive to immigrants like Gwinnett. The colony had previously been a dangerous "no man's land" between British South Carolina and Spanish Florida, but with Florida becoming British, the threat of Spanish invasion evaporated. To encourage growth, the Georgia government gave away large tracts of land on the condition that owners developed it. Gwinnett eventually acquired 11,000 acres, which granted him the social status and respect necessary to hold local offices, such as commissioner of the waterways and justice of the peace. Despite his status as a large landowner, he remained financially unsuccessful, eventually losing his land and home to creditors, though he still owned 61 slaves at the time of his death.

The "Accidental" Revolutionary

One of Di Vincenzo’s most striking claims is that Gwinnett had no initial interest in the independence movement or public service. Unlike figures such as Samuel Adams, who were driven by ideology, Gwinnett was "obsessed with making money". His entry into politics was largely motivated by a need for a steady paycheck.

In 1775, Georgia’s political situation was chaotic. The colony was viewed as cozy with England, even sending a loyalist minister, John Zubly, to the Second Continental Congress. Under pressure to send a pro-independence delegation in 1776, Georgia leaders sought candidates. Gwinnett’s primary goal at the time was to become a colonel in the Georgia militia, a position with a reliable salary. However, because he had zero military experience, he was rejected for the post in favor of Lachlan McIntosh, a man with significant military background. As a "consolation prize," Gwinnett was sent to Philadelphia as a delegate to Congress, provided he promised to vote for independence.

Gwinnett arrived in Philadelphia on May 20, 1776, and met John Adams. Adams knew Gwinnett’s companion, Lyman Hall, was a patriot, but he was unfamiliar with Gwinnett and was primarily concerned with whether Gwinnett would support the vote for independence. Gwinnett stayed in Philadelphia for only ten weeks. He signed the Declaration on August 2, 1776, and left the city that very same day.

Rise to Power in Georgia

Gwinnett rushed back to Savannah to take credit for a $60,000 congressional allocation for Georgia’s defense, despite having no clear connection to the funding. This made him a "hometown hero" and facilitated his rapid ascent in the state legislature, where he became Speaker of the House. He is also largely credited with overseeing the creation of Georgia’s state constitution. Di Vincenzo notes that while John Adams was passing out templates for constitutions to various delegates, the Georgia document had distinct differences from others, suggesting Gwinnett and his colleagues put their own stamp on it.

In early 1777, the President of Georgia, Archibald Bulloch, died suddenly at age 46. Although there was speculation and conspiracy theories regarding poisoning—with some even looking toward Gwinnett—there is no historical proof of foul play. Following Bulloch’s death, the executive council appointed Gwinnett as the acting governor.

The Rivalry with Lachlan McIntosh

As governor, Gwinnett used his power to strike back at his political and personal enemies, most notably the McIntosh family. He had long-standing resentment toward Lachlan McIntosh, who had secured the military positions Gwinnett coveted. Gwinnett ordered the arrest of McIntosh’s brother, George, on charges of treason for allegedly selling rice to the British in Florida.

The tension peaked during a planned military expedition to British Florida. As acting governor, Gwinnett tried to bypass General McIntosh and command the campaign himself, despite having no military rank. He refused to speak with McIntosh and attempted to issue orders to McIntosh’s subordinates. The expedition was a failure, and the two men were eventually called back to Savannah by the legislature for a hearing. During these proceedings, Gwinnett lost his bid for reappointment as governor. Emboldened, McIntosh publicly called Gwinnett a "liar and a scoundrel".

The Fatal Duel

In response to the public insult, Gwinnett challenged McIntosh to a duel. Di Vincenzo highlights the irony of the challenge: McIntosh had grown up with a gun in his hand, as his clan had been brought to Georgia specifically to serve as a military buffer against the Spanish.

The duel took place in a cow pasture on the east side of Savannah in May 1777. The participants stood only 10 to 12 feet apart. Both men fired simultaneously, and both were hit in the leg. Gwinnett’s thigh was broken, and he fell to the ground. McIntosh, also bleeding, reportedly asked if Gwinnett wanted to continue, but the "seconds" intervened to stop the fight. While McIntosh eventually recovered, Gwinnett developed gangrene and died three days later on May 19, 1777, at the age of 42. He was the second signer of the Declaration of Independence to die.

Aftermath and Legacy

Gwinnett’s death did not cool political tensions in Georgia; instead, they intensified. Although dueling was technically illegal, it was a common way for "gentlemen" to settle disputes, and participants were rarely arrested. However, Gwinnett’s radical patriot supporters pushed for McIntosh’s arrest. McIntosh was tried and acquitted but was eventually forced to leave the state, later serving under George Washington at Fort Pitt.

Gwinnett left behind a widow, Ann, and one surviving daughter. Ann wrote to John Hancock multiple times asking for financial support from Congress, claiming her husband had been devoted to the country, but she received nothing. Because of Gwinnett’s massive debts, Ann received very little from his estate—only 50 pounds, a horse, and one enslaved servant. Gwinnett has no direct descendants today, as his only surviving daughter died at 23 without children.

Di Vincenzo concludes that Gwinnett remains an enigma. There are no known portraits of him; any images found online are speculative, and the face on the cover of Di Vincenzo's book is intentionally blurred to reflect this fact. Ultimately, Gwinnett is characterized as a "reluctant" or "apathetic" revolutionary—an opportunist who represented the roughly 35-40% of the colonial population that was largely indifferent to the cause of independence until it served their personal or financial interests.

* * *

Get a copy of Button Gwinnett: America’s Accidental Founding Father, by Mark Di Vincenzo.

To see upcoming roundtable events, or listen to past recordings, go to AmRevRT.org


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Sunday, July 19, 2026

ARP394 Tennessee Joins the Union

On June 1, 1796, President Washington signed the law formally admitting Tennessee as the 16th state to join the union.  This week, we’ll take a look at how Tennessee got there.

We last looked at this region back in Episode 335.  At that time, the western counties of North Carolina were sick of the abuse they were getting from the rest of the state, and declared themselves to be the independent State of Franklin.

North Carolina had already agreed to cede this land to the Continental Congress in 1784, but Congress refused to accept it.  The residents then felt free to form their own state and applied to Congress for recognition.

Collapse of Franklin

Between 1784 and 1788, the state of Franklin operated independently of North Carolina.  It elected Revolutionary War hero John Sevier as its president.  The government continued to work with the Confederation Congress to gain recognition, and made treaties with Indian tribes to justify its land claims.

Map of Tennessee, 1796
North Carolina officials declared the Franklin movement to be a revolt and an act of treason against the state.  At the same time, North Carolina did not have the money or power to suppress the rebellion militarily, so it focused on political compromise.  If offered pardons to any citizens of Franklin who returned their allegiance to North Carolina.  It also authorized continued elections in those western counties, permitting loyalists to elect representatives to the North Carolina legislature.

North Carolina sought to divide Franklin by establishing local leaders that supported the view that they should remain part of North Carolina.  Very quickly John Tipton assumed that leadership role.  

Tipton had originally been a part of the movement to form the independent State of Franklin.  He was also a political rival of Sevier.  When the Franklin legislature unanimously elected Sevier as president, and Tipton could not even get a seat in the legislature, he took great offense.  He was further disenchanted when the state constitution he supported, which favored strict religious requirements and morality laws, was rejected in favor of a constitution that was simply a modified version of the North Carolina Constitution.  Tipton saw his dream for the new state, and his role in the leadership, disappear.

In the loyalist election run by the North Carolina government in August of 1786, Tipton won election as a representative from the disputed western counties to the North Carolina legislature.  Tipton became a leading advocate for crushing the State of Franklin and keeping the western counties within the state of North Carolina.

For the next two years, the people living in this disputed territory were subject to two different governments that conflicted with one another.  There were two sets of militia, two court systems, and two separate demands for the payment of taxes.  The situation became so dire that in 1787, Sevier and North Carolina General Evan Shelby had to reach a temporary understanding that residents would not be forced to pay taxes to one jurisdiction if they had already paid taxes to the other. 

This agreement was only a temporary one to prevent an all out civil war between the two groups.  At the same time, North Carolina Governor Richard Caswell, who had been friends with Sevier, promised that if the Franklin movement ended its efforts at independence, North Carolina would allow a peaceful separation under its own terms at a later date.  North Carolina also encouraged Franklin supporters to jump ship by promising to forgive the years of back taxes due to North Carolina, if they would abandon the movement.

These conciliatory efforts, along with North Carolina’s ability to isolate Franklin economically, the movement lost support. Franklin’s government began to collapse in late 1787 officials feared holding an election because it would almost certainly result in a contest of arms that would leave many dead..  When President Sevier’s term ended in March of 1788, there was no legislature in place to replace him and no infrastructure to hold a new election.  With that, the Franklin government collapsed completely and the state largely faded away.

Sevier Resists

Sevier, however, and other smaller numbers of men refused to give up.  In February 1788, just before Sevier’s term ended and while Sevier was away trying to make agreements with local Indian tribes, Tipton had the North Carolina sheriff raid Sevier’s plantation and seize his slaves for nonpayment of North Carolina taxes.

When Sevier returned he discovered that his slaves were at Tipton’s plantation.  He rounded up 150 men to take back his property by force.  His men surrounded the plantation, but Tipton refused to concede.  Sevier men outnumbered the 15 defenders by 10 to 1.  They even brought up a small field cannon to force a surrender.  Tipton, however, refused to back down.  He dared the attackers to fire.  Sevier could not follow through on his threat.  He was not ready to massacre Tipton and kick off a larger war, which he would almost certainly lose.

Sevier’s men besieged the plantation for a few days.  They did take pot shots at a few defenders who stepped outside the house, killing one and wounding another.  Finally a relief force arrived, scattering Sevier’s army and capturing their cannon.

Two of Sevier’s sons were captured following the retreat.  Tipton threatened to hang both of them but backed down after they pleaded for mercy. Despite this incident, things seemed to be returning to unity with North Carolina largely back in control.

Governor Caswell’s policy of persuasion had had an impact, but North Carolina replaced him with Governor Samuel Johnston.  According to most sources, Johnston was not particularly interested in the frontier issues.  As a colonial legislator, he had sponsored legislation to punish western colonists who had rebelled at Alamance.  Those advising him, including Tipton, advised the governor that Sevier remained a threat to North Carolina.  

Sevier had reached an understanding with North Carolina Militia commander Evan Shelby, but Shelby had been replaced by Joseph Martin, who very much wanted to use force to crush the Franklin movement.  Martin convinced Governor Johnston that this was the right policy.  He suggested that Sevier was incorrigible and would never settle.  He asserted that Sevier had killed a Cherokee chief and was on the brink of inviting a larger Cherokee war against the region, and that he might be raising a western army to attack North Carolina directly.

None of these accusations seemed to have much basis in fact, but it was enough for Governor Johnston to order Sevier’s arrest for high treason.  Johnston issued the order in July, 1788.  Sevier, at the time, was leading an army but one that was fighting off attacks from Cherokee and Chickamauga warriors on the frontier.

Arrest and Redemption

When Sevier returned home in the fall, Tipton formed a posse, cornered Sevier at the home of a friend and arrested him.  He placed Sevier in handcuffs and brought him to Morgantown.  Along the way, one of the guards informed Sevier that one of the guards planned to murder him.  Sevier tried to make an escape but his horse got tangled in the underbrush.  The guard that was determined to kill Sevier, a man named French, caught up with Sevier, pulled his pistol and shot Sevier in the head.  Fortunately, the ball had fallen out of the pistol before it was fired, leaving Sevier with only a powder burn.

The posse delivered Sevier to the Sheriff of Burke County.  Sevier, however, still had a loyal following.  Word of his arrest soon resulted in 2000 men picking up their arms and riding to rescue Sevier. 

The army assembled at Jonesboro. Those commanding the volunteer force, including Sevier’s sons, met to debate how to proceed best.  One of the officers, Major James Cozby suggested that the best way to rescue Sevier was not with a large army but rather a small group of men who could conduct a jailbreak.  Cozby hand picked five other men, all of whom were officers who had served under Sevier during the Revolution War and in the Indian wars.

By the time the men arrived in Morgantown, the treason trial against Sevier had already begun.  Thousands of people surrounded the court house as spectators.  Cozby left four of the men and their horses on the outskirts of the crowd.  He and Captain Nathaniel Evans rode into the crowd and made their way up to the courthouse door, bringing Sevier’s horse with them.  Cozby walked the courtroom, made eye contact with Sevier and made sure Sevier saw his horse standing by the courthouse door.

Cozby then shouted at the judge, creating a distraction.  Sevier took that moment to dash for the door, jump on his horse and ride off at a full gallop.  During the confusion, Cozby and Evans also managed to get back to their horses and ride away.  Although the sheriff’s deputies gave chase, they were unable to catch anyone.

Part of this success may have been do to with the fact that most of the anti-Sevier advocates, including Tipton and Martin, had already gone into hiding.   Sevier’s capture had brought on threats by mobs to lynch these men.  Therefore, people who probably could have identified Sevier’s friends and who had an inclination to do so, were not at the trial.

Despite his escape, Sevier was a wanted fugitive from the law.  But his popularity remained so high among the people in the western counties that it soon became apparent that officials needed to come to some accommodation with him.  

While on the run from the law, the voters elected Sevier to the North Carolina State Senate.  In November, 1789, Sevier showed up at the capital, demanding to take his seat.  Other representatives, including Tipton, objected to seating a wanted fugitive.  Sevier was so popular though, that debate turned to a resolution to withdraw the charges against him and restore his rights of citizenship.  Debate on the matter grew so intense that Tipton attempted to strangle one of Sevier’s advocates on the House floor.  Others broke up the fight, but soon a duel was planned for the two men, but the matter was settled before the actual duel occurred.

The resolution passed and Sevier took his seat.  That was not the end of his redemption.  Shortly afterward, Militia General Martin submitted a claim for a militia campaign against the Chickamauga.  By tradition, the western militia had defended themselves against the Indians and had borne their own costs.  The legislature was so offended by the claim for expenses, that they removed Martin as brigadier general of the western militia.  In his place, they appointed, guess who: John Sevier!  So in a matter of days, Sevier went from being a criminal target of the militia, to being their new commander.

The following year, Sevier left the state legislature.  North Carolina had finally ratified the US  Constitution.  The voters of western North Carolina elected Sevier to the US House of Representatives and sent him to Congress.

Southwest Territory

While in Congress, Sevier helped to arrange North Carolina’s second attempt to cede western lands to the Federal Government.  This time it was more successful.  Congress accepted the land cession and established the Southwest Territory in the spring of 1790.  President Washington appointed William Blount as governor of the Southwest Territory.  

I mentioned Blount before as one of the speculators who got caught up in the effort to buy the Yazoo lands of western Georgia.  Blount had also been active in the movement to get North Carolina to ratify the Constitution.  After Blount lost a bid to become one of North Carolina’s first US Senators, President Washington offered him the governorship of the Southwest Territory, which is essentially what became Tennessee.  This was in thanks for his efforts in bringing North Carolina into the Union.

Western settlers were initially skeptical of Blount, who was from eastern North Carolina.  But Blount made friends with Sevier, who still held the trust of the westerners.  Blount also tried to appoint Tipton as a Justice of the Peace, but Tipton refused the appointment.  Blount made efforts to end the feud between Sevier and Tipton.  He made some progress, at one point convincing Tipton to burn a petition that he had been circulating to discredit Sevier.  But the two men never really got past their differences.

Much of Blount’s efforts however, were focused on peace with the Indians.  In 1791, he managed to get agreement to the Treaty of Holston with the Cherokee, establishing which lands were reserved for Indians and which were open for settlement.

The area that became the southwest territory already had seven counties, Washington, Sullivan, Greene, Davidson, Sumner, Hawkins, and Tennessee counties.  As territorial governor Blount created two more counties in 1792, Knox county, named for his superior, Secretary of War Henry Knox, and Jefferson County.  Both of these were set on lands acquired through the Treaty of Holston.

In October, Blount established the territorial capital of the territory at a fort along the Tennessee River in Knox county. The town became known as Knoxville.

Territorial Legislature

Under the rules set by Congress for the territory, it would at first be controlled by the governor, a secretary and three federal judges all appointed by the president.  Once the population reached 5000 qualified voters, they would establish a territorial legislature.  To vote, one had to be a free white male at least 21 years old and with at least 50 acres of land.

A 1791 census showed over 6000 qualified voters, but Governor Blount delayed establishing a legislature for over two years.  Blount wanted to consolidate his own power in the territory, and perhaps put himself in a better position to enrich himself with western land grants.  He argued that the delay was over the lack of taxes to support a legislature, but this led to pushback from the people.

The territory finally held its first elections in late 1793, leading to the legislature being seated in February of 1794.  Under the territorial rules, the people elected a house of representatives.  The house then nominated ten men to form a legislative council, essentially an upper house.  President Washington would select five of those ten men to serve in that upper house.  Among those selected for the legislative council was John Sevier.  The legislature also elected a territorial non-voting delegate to represent the territory in the US Congress.

The legislature got to work, quickly forming Sevier County in 1794 and Blount County in 1795.  They also chartered three colleges, Blount College, which eventually became the University of Tennessee, Greeneville College, and Washington College.  They set up a territorial tax code, setting the maximum land tax at 12.5 cents per 100 acres. They also authorized public lotteries for special government projects.

For statehood, the Northwest Ordinance a territory needed 60,000 free inhabitants before applying for statehood.  People assumed the same rule would apply to the Southwest Territory. In 1795, the legislature called on Governor Blount to conduct a census  The results of the census revealed in November a free population of over 66,000 plus another 10,000 slaves.

Constitutional Convention

The legislature promptly called for a Constitutional Convention to meet in Knoxville in January of 1796.  Each of the eleven counties sent five delegates for a total of 55 delegates at the convention.  They chose Blount to serve as the Convention Chairman.  Interestingly, Sevier did not serve as a delegate to the convention.

The main purpose of the convention was to write a constitution. There was some debate about whether to have a single house legislature or a bicameral legislature with two houses.  They chose the latter.  There was also considerable debate over religious tests for office.  The original proposal required all office holders to believe in the “divine authority of the old and new testaments.” This was removed and replaced with a prohibition on anyone holding office who denied the existence of God.  They also excluded ministers from serving in the state legislature.

Another important provision mandated that all land be taxed at the same rate, based on acreage, not value.  This was a boon to land speculators who held particularly valuable parcels of land.  Another issue came up because of a significant portion of the population who operated farms on Indian lands.  Since they could not officially own this land, they could not serve since they were not land owners.  The delegates added a special exception to allow these people to serve in office.  

Voting, however, removed all land ownership requirements.  Any free adult male who resided in the state for at least six months was free to vote.  Voting was open to both black and white men, as long as they were free.

One of the more controversial debates was over what might happen if the Federal government refused their application for admission into the Union  Remember the whole State of Franklin controversy happened when North Carolina had tried to cede this territory before, Congress rejected taking it, and the population formed the State of Franklin.

One delegate proposed that they make clear that they would exist as an independent state, whether or not the Federal government allowed them to join the Union.  This revived fears of a whole new State of Franklin part 2 controversy where the people would once again be fighting the rest of the country for their own independence.  

The response to this was that the Federal government had already taken control of the territory.  It gave every indication that it was ready to include them in the union, and there was no need to provoke controversy unless some rejection actually happened.  The majority of delegates voted to table the question and move on to other things.  However, the preamble of the Constitution they drafted did make clear that the people “do mutually agree with each other to form themselves into a free and independent state.”

One other decision that the Convention had to decide was what to call the new state.  They avoided calling it Franklin, mostly out of concern that it would dredge up again those divisions that had plagued the region for the last decade.  A young lawyer at the convention, Andrew Jackson, suggested they call the state Tennessee, named after the Tennessee River, which, in turn took its name from the Cherokee Town of Tenase.

The main problem with that name was that there was already a Tennessee County.  That county agreed to change its name and give the name to the new State.

Statehood

When the convention ended on February 6, 1796, the process moved pretty quickly.  Blount forwarded the state constitution to Secretary of State Timothy Pickering.  Without waiting for any response, the Tennessee General Assembly convened its first secession at the end of March.

President Washington forwarded the constitution and application for statehood to Congress on April 8.  Congress, of course, had its concerns.  The main concern was political.  Federalists were concerned that Tennessee would vote for Thomas Jefferson in the upcoming presidential elections later that year, potentially harming Adams’ chances of winning.  Some of them argued that the census was “rigged” and that Tennessee really didn’t have a free population of 60,000 people.  Some argued the territory should be divided into two states, which would have greatly delayed the process since each of those state would have to develop a population of 60,000.

After about a month of debate, the house passed a bill approving admission by a vote of 43 to 30.  The matter then went to the Senate, which promptly voted against admission.  The two houses then worked out a deal which granted admission, but also reduced Tennessee’s initial house delegation, from two to one person until the 1800 census.  This also had the effect of giving the state one less electoral vote for the next two presidential elections.

With this change, the Senate withdrew its objections to statehood and the bill passed on May 31.  The next day, June 1, President Washington signed the admission bill, formally admitted Tennessee into the Union as the 16th state.

Next Week: George Washington gives his farewell address.

 - - -

Next Episode 395 Washington's Farewell Address (coming soon)

Previous Episode 393 Yazoo Land Scandal

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Further Reading

Websites

Free eBooks
(from archive.org unless noted)

Arthur, John Preston Western North Carolina: A History (from 1730 to 1913), Raleigh, NC: Edward Buncombe Chapter of the DAR, 1914.  

Garrett, William R. History of Tennessee: Its People and its Institutions, Nashville: The Brandon Co. 1900. 

Gilmore, James R. John Sevier as a Commonwealth-Builder, New York: D. Appleton and Co. 1898. 

Karns, T.C. Tennessee History Stories, Richmond: B.F. Johnson Printing Co. 1904. 

Phelan, James History of Tennessee: The Making of a State, Boston: Houghton, Mifflin and co. 1888. 

Turner, Francis Marion Life of General John Sevier, New York: The Neale Publishing Co. 1910. 

Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Corlew, Robert, et. al Tennessee: A Short History, Univ. of Tennessee Press, 1969.

Durham, Walter T. Before Tennessee: The Southwest Territory, 1790-1796, Rocky Mount Historical Assn. 1990. 

Finger, John R. Tennessee Frontiers: Three Regions in Transition, Indiana Univ. Press, 2001

Foster, Dave Tennessee: Territory to Statehood, Top Tenn. Press, 2000 (borrow on archive.org

Langsdon, Phillip R. Tennessee: A Political History, Hillsboro Press, 2000.

 * As an Amazon Associate I earn from qualifying purchases.

Sunday, July 12, 2026

ARP393 Yazoo Land Scandal

Near the end of 1794, the Georgia legislature passed a law that sold most of its western lands to a few private companies.  These lands were often called the Yazoo lands, since the Yazoo River flowed through some of them.  These lands made up much of what is today Alabama and Mississippi.  The law, which was finalized in 1795, led to charges of corruption and scandal.  It generated lawsuits that lasted for decades, eventually resulting in a landmark Supreme Court decision.

Original Grants

Like most land disputes in North America, we find the origins of the problems coming from London’s Privy Council, which set Georgia’s boundaries when the colony first received its charter in 1732.  It put no western border on the colony, other than perhaps the Pacific Ocean.  The reason for this was that Britain hoped all of its colonies would push westward, claiming lands in the interior of North America, in order to challenge the claims of other European colonial powers.

Burning the Yazoo Land Act
When the 1783 Treaty of Paris established the Mississippi River as the western border of the US, Georgia claimed all the lands to the west of its colony, as far west as the river.  Of course, the Native Americans who lived on this land claimed it as their own.  Spain also had claims to parts of this land until the 1795 Treaty of San Lorenzo that we covered last week.  South Carolina also claimed a portion of these lands.

We’ve seen conflicting land claims like these lead to lawsuits, government petitions, and all out war to settle them.  The Yazoo lands would be no different.  Those who wanted to get rich by speculating on western lands were rarely afraid of the legal, or even physical battles that they would have to fight in order to claim the land as their own.  Such risks often paid off when they could settle their claims and then sell the land at a huge profit to settlers.

One of the first big land deals attempted came right at the end of the Revolutionary War, when William Blount and John Sevier formed a company to settle the Muscle Shoals region along the Tennessee River, in what is today northern Alabama.

Sevier had moved to this region before the Revolution and had been actively fighting with the Cherokee for control of the territory.  He led Overmountain Men at the battle of Kings Mountain.  He would later go on to become governor of the purported state of Franklin.

Blount was a North Carolina official who hoped to get rich on western lands.  He had served as a paymaster during the war, at least until he managed to lose $300,000 after the battle of Camden.  After that, he served in both the North Carolina legislature, and the Continental Congress.  Around the same time Blount and Sevier were trying to get western land rights from the Georgia Legislature, Blount was also pushing North Carolina’s Land Grab Act that attempted to open western lands to settlement.

As it turned out, the Georgia legislature would not go along at the time.  But, of course, the land speculators would be back.  

1788 Land Deal

In 1788, after Georgia ratified the Constitution, it tried to cede a large portion of its western lands to the federal government.  The land offered, however, was too remote from any other settlements.  It was in the middle of lands claimed by the Creek, Choctaw, and Chickasaw tribes.  Part of the land was also still claimed by Spain.  Congress refused to accept the land grant at that time.

Georgia was still relatively unpopulated with white settlers by this time.  There were still vast swaths of land in the eastern part of the state that were completely undeveloped.  Georgia law permitted the government to provide grants to new settlers who would develop the land.  The goal was to populate the state.  Laws required cultivation of the land for at least a year before title was given, and limits of no more than 1000 acres per individual.  All of Georgia’s governors ignored these rules, giving away land grants to well-connected speculators and others who often obtained tens of thousands of acres, sometimes more than a million acres  

Many of these land grants did not even cover actual land.  Fraudulent surveys created fraudulent land claims.  In 1796, the state’s twenty-four organized counties contained a total of 8.7 million acres.  At the same time, those counties had land grants on file for over 29 million acres.  Land dealers sold these grants to gullible buyers from northern states and from Europe, people who would never be able to find their claims if they ever came to the state.

Since it was out-of-state speculators who were being cheated, no one seemed to care much as the investment money flowed into the state and often greased the palms of government officials at all levels.

This was the environment that existed when Georgia tried to open up its western lands for sale in 1789.  Three large investment companies agreed to purchase about 25 million acres of western lands.  The companies included some really wealthy and powerful men.  The head of the South Carolina Yazoo Company was Alexander Moultrie, who was also, at the time, the state’s Attorney General. Another major investor was Isaac Huger, who had been a Continental General and was currently serving as South Carolina’s federal marshal.  The South Carolina Yazoo company purchased about 10 million acres, much of it along the Mississippi River, and included what is today Vicksburg.  The total cost was about $67,000.

Another company, the Tennessee Yazoo Company was headed by Zachariah Cox, who had taken a position as assistant clerk of the Georgia House, giving him an influential position with the legislature.  His company, backed by others, including William Blount and John Sevier, once again tried to purchase the Muscle Shoals area along the Tennessee border, nearly 4 million acres for about $47,000.

A third company, the Virginia Yazoo Company, included former Governor Patrick Henry.  This company bought somewhere between 7 and 11 million acres for around $94,000.  The exact size was vague because all of the land was still under the control of the Chickasaw nation and it was unclear how much could eventually be made available for settlement.

So, for only around $200,000, these three companies bought most of Georgia’s western lands.  Almost immediately, the deals caused a public backlash.  The land sale resulted in the land being sold for just over one cent per acre, a ridiculously small amount.  

The new Federal government also raised concerns.  Georgia was relying on questionable treaties that it had made with the tribes that controlled this land.  Many tribal leaders denied that those who had signed these treaties had any authority to do so.  President Washington, not wanting to see another major Indian war in the south, issued a proclamation in the summer of 1790, warning that only the federal government had authority to make treaties with the Indians, and that settlers who tried to move onto Indian lands not authorized by federal treaties were not under the government’s protection.

One group of settlers who moved into the Muscle Shoals area were forcibly removed by the Cherokee who still claimed ownership over this land. After the settlers’ removal, the Cherokee burned all the buildings so that they could not be reoccupied.

The Georgia politicians who approved this land deal quickly realized that, without public support, and without federal support, this whole thing was going to fall apart.  If they could not convey the land, the companies might want their money back.  One important principle of land deals at this time seemed to be “no refunds.”

The companies had been given two years to come up with the money.  The terms of the sale had not specified how the payments would be made.  The buyers expected to pay in depreciated state or Continental paper, which was probably worth an eighth of its nominal value.  

Before that could make those payments, about six months after the deal was finalized, Georgia passed a law requiring that all payments be made in specie, that is gold or silver.  There was no way the companies could come up with that much real money.  When they offered payment with paper currency, the treasurer refused to accept it.  When the payment deadline passed at the end of 1791, the treasurer stated that payment had not been provided.  The state foreclosed on the grants, retook possession of the land, and kept any money that had already been paid.

One of the companies that lost its purchase money tried to bring a case before the US Supreme Court, but after ratification of the 11th Amendment, that case was dismissed.

James Gunn

Despite getting ripped off by the Georgia legislature, the speculators and investors retreated and regrouped to try again.  Some new players also joined the competition.

In 1794, they made another attempt to buy up Georgia’s western lands.  This time, the largest group was run by local Georgians.  The Georgia Group was run by James Gunn, who was, at the time, one of the US Senators from Georgia.  Gunn was a Virginian who had served as a Continental during the war.  After the war, he settled in Savannah where he began a law practice and established a plantation.

Gunn was always on one financial hustle after another and also had a history of being quite combative. One example from the war, sheds some light on his character. During his military service in Georgia, his government-issued horse was killed in battle.  By tradition, officers who lost a horse were allowed to pick another one from any that were available.  Gunn managed to get a very valuable horse as his replacement.  He then traded that horse with a local plantation owner for two other horses and a slave.  

His commander at the time, General Nathanael Greene, felt that trading government property for other property was a violation of military rules.  This resulted in an official inquiry into Gunn’s actions.  The court martial acquitted Gunn of any criminal wrong-doing, but the Continental Congress condemned his actions.  Gunn believed that Greene was responsible for this attack on his honor and challenged General Greene to a duel.  Greene ended up declining the duel after discussing the matter with both General Anthony Wayne and General George Washington, who both argued that commanding officers should never fight a duel with subordinates over their official decisions.  Gunn continued to consider Greene to be an enemy, and threatened to kill him.  Even after the war ended, Greene carried a side arm to defend himself if Gunn tried to make good on his threats. The dispute only ended after Greene died of sunstroke.

Gunn also quickly made political enemies with James Jackson, who won a seat in the House of Representatives, as well as Anthony Wayne, who Gunn defeated in a competition for one of Georgia’s first Senate seats.

In the Senate, Gunn associated himself with the Federalists, and supported most of Hamilton’s policies.  He also started the tradition of Senatorial courtesy, that is that one Senator can hold up any nomination to any federal appointment in his home state.  Gunn objected to Washington‘s appointment of Benjamin Fishbourn for a position in the customs service for the port of Savannah.  Fishbourn was a political ally of Anthony Wayne and had also taken Greene’s side in the wartime dispute over the horse trade.  Gunn did not articulate any specific reason for his objection when Washington inquired. Washington moved on and nominated someone else.  

Sale of Yazoo Lands

Gunn should have been in Philadelphia in late 1794 to attend a session of the US Senate.  Instead, he stayed in Augusta to lobby for the land sale that his company wanted.  He coordinated his efforts with three other companies that wanted to buy land.  This included the Georgia Mississippi Company, the Tennessee Company, and the Upper Mississippi Company.  Gunn coordinated with these other groups so that they would not create conflicting purchases of land and would not compete with one another on price.

Territory Sold under Yazoo Deal
The combined proposal of the four companies was for about 35 million acres of western land, about 10 million more than the 1789 proposal.  The total payment for this land would be about $250,000 which was more than the $200,000 offered in 1788, but since it included an additional 10 million acres, the cost per acre was even less than before.  Much of the new land added to this deal was the areas that were claimed by Spain.  Speculators believed that these disputed claims would soon be settled by what became the Treaty of San Lorenzo, which would give the US control.  

The speculators, not to get caught again, specified in the agreement that the purchase could be made with paper money, and would not be required to be paid in specie.  Given that this paper could be purchased for about one-eight of the same value in specie, the buyers were actually getting this land for something closer to around $30,000 in gold or silver.

Now you may be asking, why would Georgia try to sell this land again for a pittance after there was so much public opposition to the last attempted sale? 

One big reason was that the state was broke.  Georgia had been spending money defending its frontier against the Creek Nation and didn’t want to raise taxes.  There was also a clock ticking on the sale.  If they sold the rights to the land before the US and Spain settled their conflicting claims and Spain retained control, then that would be the buyers’ problem.  If the US acquired the disputed land, the Federal government might claim that land for itself and cut Georgia out of any land sales there.  For the buyers, getting the disputed land now meant it was much cheaper thanks to the risk of the title.  If the federal government succeeded in claiming the land, it would respect the private owners’ purchases.

Perhaps the biggest reason the legislature pushed through the bill was corruption.  Senator Gunn simply paid bribes to a majority of the legislature.  

With enough palms appropriately greased, the legislature approved the sale.  However, no one considered paying off the governor.  Matthews vetoed the sale.  On December 29, 1794, Matthews’ veto statement said that the amount of money offered for the land was inadequate, that too little land was reserved for Georgia citizens to purchase, that putting all these western lands in the hands of a few companies would slow settlement of a state which was growing based on giving away land to new settlers, and because there was no public notice of the sale to accept rival offers that could increase the price of these sales.

Following the veto, the buyers and legislators scrambled to get the governor on board.  The buyers agreed to double their price to $500,000.  The legislature tied the bill to an act that would pay bounties for soldiers who had fought in the battles with the Creek Nation.  So if the governor refused to let the deal go through, he would be subject to attack for not supporting the troops. A little over a week later, on January 7, 1795, Matthews signed the amended bill into law.

Scandal

Once again, the legislature had sold the bulk of the land to a few wealthy insiders for a pittance. Senator James Jackson, a political opponent of Senator Gunn, resigned his seat in the US Senate so that he could return to Georgia and devote himself to overturning this corrupt deal.  He led a campaign to throw out of office every legislator who voted for the deal.  The voters went along and cleaned house, electing reformers, including Senator Jackson, to the next Georgia State House.  Gov. Matthews also lost his bid for reelection.

Senator James Jackson
The incoming leaders formed a committee, led by Jackson, to investigate the deal and the corruption.  As it turned out, all but one of the legislators who voted for the sale had received a bribe.

Some of those bribes came in the form of shares in the companies, which would be worth thousands of dollars once the land deal was completed.  Other legislators demanded cash up front.  Most demanded a standard payment of $1000.  One state Rep. Thomas Rayburn settled for a mere $600.  After the scandal broke, he was teased for selling out for so little.  His reply was that it only showed he was not that greedy.

Others received slaves, or titles to eastern land in exchange for their votes.  A few members who could not be persuaded to vote for the deal because they believed it would end their political careers if they voted for it, accepted pay-offs to leave town and miss the vote entirely.

The investigation also determined that there were other groups willing to buy the land for a much higher price.  But since the legislators had taken bribes from the lower bidders, they ignored the higher offers and went with those who had already bought their votes.

The Rescinding Act

In light of this corruption, the reform legislature passed the Rescinding Act of 1796.  This Act declared the sale null and void.  It took back title to all the lands sold as being fraudulently obtained.  It ordered all records related to the sale to be destroyed and instructed the law itself to be burned. It further made it a crime for any state official to record any land record related to this deal.

Two days after the act's passage, on February 15, 1796, the legislature gathered for the ritual burning of the law.  As the governor and the legislature watched, the statute and all the records related to the sale were put in a plie.  They used a magnifying glass to symbolize that the act was being consumed by "fire from heaven."

The Rescinding Act resulted in a much larger national debate.  Alexander Hamilton, who was by this time a private attorney, drafted a legal opinion on behalf of New England investors who had benefitted from the Yazoo land deal  He argued that the Rescinding Act was unconstitutional and legally void.  Hamilton pointed out that the Constitution explicitly denied states the power to impair contracts.  Voiding a completed contract exceeded the state’s legal authority.  He argued that innocent third parties had already bought land from the companies.  These innocent buyers had relied on a legally binding contract.

The dispute became another division between Federalists who agreed with Hamilton’s position, and the Democratic Republicans who argued that a contract based on corruption and bribery is inherently illegal and could not be enforced.  The ongoing legal disputes would last for decades.

Next week, Tennessee becomes the 16th State to join the Union.

 - - -

Next Episode 394 Tennessee Joins the Union 

Previous Episode 392 Treaty with Spain

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Further Reading

Websites

Lamplugh, George. "Yazoo Land Fraud." New Georgia Encyclopedia https://www.georgiaencyclopedia.org/articles/history-archaeology/yazoo-land-fraud

Jacobs, Frank “The Little-Known Land Fraud That Changed American History” https://www.atlasobscura.com/articles/strange-maps-yazoo-land-affair

Georgia’s Notorious Yazoo Land Fraud and Its Consequences, Part 1 https://georgelamplugh.com/2017/12/01/georgias-notorious-yazoo-land-fraud-and-its-consequences-part-1-in-pursuit-of-dead-georgians-27

Georgia’s Notorious Yazoo Land Fraud and Its Consequences, Part 2 https://georgelamplugh.com/2018/01/01/georgias-notorious-yazoo-land-fraud-and-its-consequences-part-2-in-pursuit-of-dead-georgians-27

Adams, Samuel B. “THE YAZOO FRAUD.” The Georgia Historical Quarterly, vol. 7, no. 2, 1923, pp. 155–65. JSTOR, http://www.jstor.org/stable/40575758

Elsmere, Jane. “The Notorious Yazoo Land Fraud Case.” The Georgia Historical Quarterly, vol. 51, no. 4, 1967, pp. 425–42. JSTOR, http://www.jstor.org/stable/40578730

Heath, William Estill. “THE YAZOO LAND FRAUD.” The Georgia Historical Quarterly, vol. 16, no. 4, 1932, pp. 274–91. JSTOR, http://www.jstor.org/stable/40576216

KENNEDY, BRENDEN. “‘Not Worth a Pinch of Snuff’: The 1789 Yazoo Land Sale and Sovereignty in the Old Southwest.” The Georgia Historical Quarterly, vol. 101, no. 3, 2017, pp. 198–232. JSTOR, http://www.jstor.org/stable/44651786

Lamplugh, George R. “John Wereat and Yazoo, 1794-1799.” The Georgia Historical Quarterly, vol. 72, no. 3, 1988, pp. 502–17. JSTOR, http://www.jstor.org/stable/40581861

Whitaker, Arthur P. “The South Carolina Yazoo Company.” The Mississippi Valley Historical Review, vol. 16, no. 3, 1929, pp. 383–94. JSTOR, http://www.jstor.org/stable/1895065

Younger, Richard D “The Yazoo Land Frauds” Marquette Univ. Masters Thesis, 1950. https://www.marquette.edu/library/theses/already_uploaded_to_IR/young_r_1950.pdf

The Origins of Senatorial Courtesy: https://www.senate.gov/artandhistory/senate-stories/origins-of-senatorial-courtesy.htm

 Fletcher v. Peck https://www.oyez.org/cases/1789-1850/10us87

Free eBooks
(from archive.org unless noted)

Bishop, Abraham, Georgia Speculation Unveiled, Hartford: Elisha Babcock, 1797. 

Bishop, Abraham, Georgia Speculation Unveiled, Second Part Hartford: Hudson & Goodwin, 1798. 

Haskins, Charles H. The Yazoo land Companies, New York, Knickerbocker Press, 1891. 

Hunting, Warren B. The Obligation of Contracts Clause of the United States Constitution. Baltimore: Johns Hopkins University Press, 1919. 

Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Cadle, Farris W. Georgia Land Surveying History and Law, Univ. of Georgia Press, 1991. 

Hobson, Charles F. The Great Yazoo Lands Sale: The Case of Fletcher v. Peck, Univ. Press of Kansas, 2016. 

Lamplugh, George In Pursuit of Dead Georgians: One Historian's Excursions Into The History Of His Adopted State, iUniverse, 2015. 

Magrath, C. Peter. Yazoo: Law and Politics in the New Republic. The Case of 'Fletcher v. Peck'  Brown Univ. Press, 1966. 

Teachout, Zephyr Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United, Harvard Univ. Press, 2014 (chapter on Yazoo available online at JSTOR) 

 * As an Amazon Associate I earn from qualifying purchases.