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The great Yazoo lands sale : the case of Fletcher v. Peck / Charles F. Hobson.

By: Hobson, Charles F [author.].
Contributor(s): Project Muse.
Material type: TextTextSeries: JSTOR eBooks.UPCC book collections on Project MUSE: Publisher: Lawrence, Kansas : University Press of Kansas, 2016. 2015)Description: 1 online resource (pages cm).Content type: text Media type: computer Carrier type: online resourceISBN: 9780700623327; 0700623329.Additional physical formats: Print version:: No titleDDC classification: 346.7304/4 Other classification: HIS036030 | LAW018000 | POL030000 Online resources: Click here to view this ebook.
Contents:
1. Georgia sells Its Western lands -- 2. Georgia rescinds the Yazoo sale -- 3. New England purchasers become Yazoo claimants -- 4. Fletcher sues Peck; congress debates Yazoo -- 5. The contract clause, vested rights, and first argument, 1809 -- 6. The Supreme Court decides Fletcher; congress indemnifies claimants -- 7. The Marshall court and the contract clause after Fletcher.
Summary: " In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in private law matters. Beneath the case's dry legal proceedings lay a tangle of speculating mania, corruption, and political rivalry, which Charles Hobson unravels with narrative aplomb. As the scene shifts from the frontier to the courtroom, and from Georgia to New England, the cast of characters includes sharp dealers like Robert Morris, hot-headed politicians like James Jackson, and able counsel like John Quincy Adams, along with, of course, John Marshall himself. The improbably dramatic tale opens a window on land transactions, Indian relations, and the politics of the early nation, thereby revealing how the controversy over the Yazoo lands sale reflected a deeper crisis over the meaning of republicanism. Hobson, a leading scholar of the Marshall Court, lays out the details of the litigation with great clarity even as he presents a longer view of the implications and consequences of Fletcher v. Peck. "-- Provided by publisher.
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF228.F55 H63 2016 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1gn69zz Available ocn960915822

Includes bibliographical references and index.

" In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in private law matters. Beneath the case's dry legal proceedings lay a tangle of speculating mania, corruption, and political rivalry, which Charles Hobson unravels with narrative aplomb. As the scene shifts from the frontier to the courtroom, and from Georgia to New England, the cast of characters includes sharp dealers like Robert Morris, hot-headed politicians like James Jackson, and able counsel like John Quincy Adams, along with, of course, John Marshall himself. The improbably dramatic tale opens a window on land transactions, Indian relations, and the politics of the early nation, thereby revealing how the controversy over the Yazoo lands sale reflected a deeper crisis over the meaning of republicanism. Hobson, a leading scholar of the Marshall Court, lays out the details of the litigation with great clarity even as he presents a longer view of the implications and consequences of Fletcher v. Peck. "-- Provided by publisher.

Description based on print version record.

1. Georgia sells Its Western lands -- 2. Georgia rescinds the Yazoo sale -- 3. New England purchasers become Yazoo claimants -- 4. Fletcher sues Peck; congress debates Yazoo -- 5. The contract clause, vested rights, and first argument, 1809 -- 6. The Supreme Court decides Fletcher; congress indemnifies claimants -- 7. The Marshall court and the contract clause after Fletcher.

Reviews provided by Syndetics

CHOICE Review

Hobson (William and Mary School of Law) provides a tour de force analysis of an important early 19th-century case, Fletcher v. Peck (1810). Beginning in 1795 when Georgia sold land to a number of land companies, only to have those sales revoked by the Georgia legislature in 1796, the case included accusations of corruption and resulted in a significant decision from the Marshall Court with implications for judicial review and the Court's understanding of Article 1, Section 10, of the Constitution. Hobson's book is much more than a study of the Marshall Court's work. The author spends considerable time discussing the role Congress played in the unfolding of the case. The text also gives insight into political activities of companies and the impact of the Court's decision on members of Congress. The book, discussing "a mere feigned case," will be of special interest to students of the contract clause and the jurisprudence of Chief Justice John Marshall. Summing Up: Essential. Upper-division undergraduates through professionals. --Peter Watkins, Saint Joseph's College

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