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The Great Yazoo Lands Sale book cover
The Great Yazoo Lands Sale
The Case of Fletcher v. Peck
2016
First Published
3.38
Average Rating
248
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Honorable David J. Langum, Sr. Prize in American Legal History Choice Outstanding Academic Title 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.

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Author

Charles F. Hobson
Author · 2 books
Charles F. Hobson received his Ph.D. from Emory University in 1971. He specializes in the constitutional and legal history of the early republic. In addition to articles on James Madison and John Marshall, he is the author of The Great Chief Justice: John Marshall and the Rule of Law (1996). His ongoing project is an annotated edition of Marshall's correspondence and papers, of which volume 11 was published in 2002. He has also served as the 1996 president of the Association for Documentary Editing, and coeditor of the Papers of James Madison.
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