Alexander Hamilton Papers
Documents filtered by: Date="1795-10-09"
sorted by: date (ascending)
Permanent link for this document:
https://founders.archives.gov/documents/Hamilton/01-19-02-0052

From Alexander Hamilton to James Greenleaf, 9 October 1795

To James Greenleaf1

New York October 9. 1795

Sir

You request my opinion2 of your title to the lands lately purchased by you of James Gunn and his Associates called the Georgia Company.3 I wish it was more in my power than it is to give you one embracing the whole subject, but never having had an opportunity of examining the title of the state of Georgia, I can pronounce nothing on that head. I can only say that from all that came under my observation, in the course of the transaction between you and Messrs. Prime and Ward,4 acting as their counsel—I have drawn this conclusion, that if Georgia at the time of the grant to Messieurs Gun & Company; was in capacity to make a valid title to them, your title to the lands you have purchased from them is then also valid. In saying this, I take for granted the execution of the measures, which I was informed were in train for completing the payment of the consideration money to Georgia and cancelling the mortgage;5 and I must be understood as only speaking of the right of preemption, with regard to all such lands as may not have been regularly acquired from the Indians, of which alone Georgia could have power to dispose

With esteem I am Sir   Your Obed servant

James Greenleaf Esq

ADf, Hamilton Papers, Library of Congress.

1Greenleaf, a native of Massachusetts and a partner with James Watson in the former New York City mercantile firm of Watson and Greenleaf, speculated extensively in land and securities. In March, 1793, he was appointed United States consul at Amsterdam (Executive Journal, I description begins Journal of the Executive Proceedings of the Senate (Washington, 1828), I. description ends , 136). In 1793, Greenleaf, Robert Morris, and John Nicholson made vast purchases of land in the Federal City. See H to Morris, March 18, 1795, note 21; Morris to H, June 7, 1795, note 7.

2H’s escrow agreement, dated October 10, 1795, reads: “Having acted as Counsel for Messrs. Prime and Ward, in a purchase made by them of James Greenleaf, of certain lands granted by the State of Georgia to Messrs. Gunn and his associates—I certify that Mr. Greenleaf had deposited with me a deed of conveyance for the same and that Messrs. Prime and Ward have given their bond for the performance of the Stipulations on their part” (ADS, Dickinson College Library, Carlisle, Pennsylvania; also in Goebel, Law Practice description begins Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton: Documents and Commentary (New York and London, 1964–). description ends , forthcoming volumes).

An entry in H’s Cash Book, 1795–1804, under the date of October 12, 1795, reads: “James Greenleaf Dr.… on question concerning a certain contract & retainer as Counsel 10—” (AD, Hamilton Papers, Library of Congress, also in Goebel, Law Practice description begins Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton: Documents and Commentary (New York and London, 1964–). description ends , forthcoming volumes).

3Gunn, a Federalist member of the United States Senate from Georgia, was the most important member of the Georgia Yazoo Company. See H to Rufus King, June 20, 1795, note 2.

The first Yazoo land companies had collapsed by the middle of 1791. See “The Defence of the Funding System,” July, 1795, note 24. On January 7, 1795, however, the Georgia legislature enacted “An Act supplementary to an Act, entitled, ‘an Act for appropriating a part of the unlocated territory of this state, for the payment of the late state troops, and for other purposes therein mentioned,’ declaring the right of this state to the unappropriated territory thereof, for the protection and support of the frontiers of this state, and for other purposes” (Microfilm Collection of Early State Records, Library of Congress). By this act Georgia sold thirty-five million acres of land to the Georgia, Georgia Mississippi, Tennessee, and Upper Mississippi companies for five hundred thousand dollars in specie. The new Yazoo companies were backed by politically prominent men, including two United States Senators (James Gunn of Georgia and Robert Morris of Pennsylvania), two Congressmen (Thomas P. Carnes of Georgia and Robert Goodloe Harper of South Carolina), three judges (James Wilson, associate justice of the Supreme Court of the United States, Nathaniel Pendleton, United States judge for the District of Georgia, and William Stith of the Superior Court of Georgia), and one territorial governor (William Blount of Tennessee).

The charge of fraud in connection with these land sales arose because of evidence that all but one of the legislators who had voted for the law had been bribed by land speculators. A new legislature on February 13, 1796, rescinded the act of 1795 by enacting “An Act Declaring null and void a certain usurped act passed by the last legislature of this state, at Augusta, on the seventh day of January, one thousand seven hundred and ninety-five, under the pretended title of ‘An act supplementary to an act entitled, an act for appropriating a part of the unlocated territory of this state, for the payment of the late state troops, and for other purposes therein mentioned; declaring the right of this state to the unappropriated territory thereof, for the protection of the frontiers, and for other purposes:’ And for expunging from the face of the public records the said usurped act, and for declaring the right of this state to sell all lands laying within the boundaries therein mentioned” (Microfilm Collection of Early State Records, Library of Congress). The Georgia Company, however, had already sold its tract to the New England Mississippi Company, which in turn sold to investors in New England and the middle states. These purchasers organized and sought to validate their claims. In 1810 the Supreme Court in Fletcher v Peck decided in favor of the claimants. For H’s role in the Yazoo land cases, see the Goebel, Law Practice description begins Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton: Documents and Commentary (New York and London, 1964–). description ends , forthcoming volumes.

4Nathaniel Prime and Samuel Ward were New York City merchants.

Under the date of October 6, 1795, the following entry appears in H’s Cash Book, 1795–1804:

“Samuel Ward & Associates Dr.

for this sum which he informed me he was to pay on account of advice & sundry writing relating to purchase of Georgia lands 200—”

(AD, Hamilton Papers, Library of Congress; also in Goebel, Law Practice description begins Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton: Documents and Commentary (New York and London, 1964–). description ends , forthcoming volumes).

Under the date of December 1–5, 1795, H recorded in his Cash Book, 1795–1804:

“Dr. to Sundries

To Samuel Ward for this sum received of him for services concerning their purchase of Georgia Lands 200—”

(AD, Hamilton Papers, Library of Congress; also in Goebel, Law Practice description begins Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton: Documents and Commentary (New York and London, 1964–). description ends , forthcoming volumes).

5The Georgia Company was required to pay one-fifth of the purchase money down and the remainder before November 1, 1795. Payment was secured by a mortgage on the land (Microfilm Collection of Early State Records, Library of Congress).

Index Entries