| Territory of Mississippi | |||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Organized incorporated territory of United States | |||||||||||||||||
 | |||||||||||||||||
| Capital | Natchez (1798–1802);Washington (1802–1817) | ||||||||||||||||
| • Type | Organized incorporated territory | ||||||||||||||||
| History | |||||||||||||||||
• Mississippi Organic Act passed | 7 April 1798 | ||||||||||||||||
• Georgia recognizes its present borders | 1802 | ||||||||||||||||
• Georgia cession added to Mississippi Territory | 1804 | ||||||||||||||||
• Mobile District annexed | 1812 | ||||||||||||||||
• Alabama Territory created | August 15, 1817 | ||||||||||||||||
| 10 December 1817 | |||||||||||||||||
| |||||||||||||||||
TheTerritory of Mississippi was anorganized incorporated territory of the United States that was created under anorganic act passed by theCongress of the United States. It was approved and signed into law byPresidentJohn Adams on April 7, 1798.[1]
The Territory was dissolved after 19 years on December 10, 1817, when the western half of the Territory was admitted to theUnion as the newState of Mississippi. The eastern half was redesignated by Congress and then 5thPresidentJames Monroe as the newAlabama Territory for the next two years, sandwiched between the new state ofMississippi in the west,Georgia to the east,Tennessee on the north, and to the south with a narrow strip of land to theMobile Bay andGulf of Mexico coast and further to the southeast of the western panhandle of theRoyal Spanish colony ofSpanish Florida in theFlorida peninsula (futureFlorida Territory after 1819, and laterstate of Florida by 1845).
TheTerritory of Alabama was admitted to the Union as theState of Alabama on December 14, 1819. TheChattahoochee River played a significant role in the definition of theTerritory's borders during its brief two years of existence, 1817-1819.
The population greatly increased in thesoutheast United States with movement and immigration from theEast Coast along theAtlantic Ocean as it grew in the early1800s fromsettlement, and American westward and southwestward expansion from the originalThirteen States, withcotton being an importantcash crop.
The United States andSpain disputed these lands east of theMississippi River until Spain relinquished its claim with theTreaty of Madrid, initially signed in 1795 by the two countries' representatives. The Mississippi Territory was organized in 1798 from these lands, in an area extending from31° N latitude to 32°28' North — or approximately the southern half of the present states of Alabama and Mississippi.[2] The territorial capital was originally inNatchez, but was moved toWashington, six miles up theNatchez Trace, on February 1, 1802.[3]
The state ofGeorgia had maintained a claim over almost the entire area of the present states of Alabama and Mississippi (from31° N to35° N), until it surrendered its claim in 1802 following theYazoo land scandal. In 1804,Congress extended the boundaries of the Mississippi Territory to include all of theGeorgia cession.[4]
Beginning about 1808 the legislature of the Mississippi Territory held its official meetings in one of the houses owned by Charles DeFrance of the Natchez District. The DeFrance house, also known as Assembly Hall, was located inWashington, Mississippi, about 10 miles from the city of Natchez.
In 1812, the US annexed theMobile District ofWest Florida, between thePerdido River and thePearl River. The U.S. declared that it had been included in theLouisiana Purchase (1803).[5] But Spain disputed this and maintained its own claim over the area.
The following year, a Federal statute was secretly enacted authorizing the President to take full possession of this area with the use of military force ("and naval force") as deemed necessary.[6] Accordingly, GeneralJames Wilkinson occupied this district with a military contingent; the Spanish colonial commandant offered no resistance. This annexation extended the Mississippi Territory south to theGulf of Mexico, with the northern border being the boundary of the state ofTennessee, taking in all of what is nowAlabama andMississippi.
Federal statutes enacted on March 1 and 3, 1817, provided a plan for the division of the Mississippi Territory into the state of Mississippi in the west and theAlabama Territory in the east (withSt. Stephens, on theTombigbee River, as the temporary seat of the Alabama territorial government).[7][8] On December 10, 1817, the division was finalized when the western portion was admitted to theUnion as Mississippi, the 20th state.[9]
The final boundary between Georgia and Mississippi Territory was defined to follow the Chattahoochee River north from the border with Spanish Florida. However, the Chattahoochee's upper course veers northeast, deep into Georgia. So the boundary was defined to follow the river until it turned northeast, and from that point to follow a straight line north to the 35th parallel (whose role in state borders dates back to the split of North and South Carolina in 1730). The line was not run straight north but rather angled to meet the northern border of the territory one-third of the way west, leaving the other two-thirds for two future states, Alabama and Mississippi (their angled boundary stopped at the Tennessee River).[10]
Congress delineated the boundary between Mississippi and Alabama by dividing the territory into approximately equal-sized parts, similar in size to Georgia. The agriculturally productive lands were divided by a straight line running south from the northwest corner ofWashington County (as it was defined at the time) to the Gulf of Mexico. The border north of this point was angled westward in order to keep Mississippi and Alabama roughly equal in size. At its northern end, this angled border follows a short section of theTennessee River. Congress chose this boundary because if the straight line had been run all the way to the Tennessee border Mississippi would have jurisdiction over a small piece of hilly land cut off from the rest of the state by the wide Tennessee River.[10]
| Year | Pop. | ±% |
|---|---|---|
| 1800 | 8,850 | — |
| 1810 | 40,352 | +356.0% |
| Source: 1800–1810 (includesAlabama andMississippi);[11] | ||
The attraction of vast amounts of high quality, inexpensive cotton land attracted hordes of settlers, mostly from Georgia and the Carolinas, and from tobacco areas of Virginia and North Carolina at a time when growing tobacco barely made a profit. From 1798 through 1820, the population soared from less than 9,000 to more than 22,000. Migration came in two fairly distinct waves – a steady movement until the outbreak of the War of 1812, and a flood afterward from 1815 through 1819. The postwar flood was caused by various factors, including high prices for cotton, the elimination of Indian titles to much of the land, new and improved roads, and the acquisition of new direct outlets to the Gulf of Mexico. The first migrants were traders and trappers, then herdsmen, and finally planters. The uplands in the Southwest frontier developed a relatively democratic society.[12]
In the1810 United States census, 11 counties in the Mississippi Territory (8 inMississippi and 3 inAlabama) reported the following population counts (after only three reported the following counts in the1800 United States census):[13][14]
| 1810 Rank | County | 1800 Population | 1810 Population |
|---|---|---|---|
| 1 | Adams | 4,660 | 10,002 |
| 2 | Wilkinson | – | 5,068 |
| 3 | Amite | – | 4,750 |
| 4 | Madison (Ala.) | – | 4,699 |
| 5 | Jefferson | 2,940 | 4,001 |
| 6 | Claiborne | – | 3,102 |
| 7 | Washington (Ala.) | 1,250 | 2,920 |
| 8 | Franklin | – | 2,016 |
| 9 | Baldwin (Ala.) | – | 1,427 |
| 10 | Wayne | – | 1,253 |
| 11 | Warren | – | 1,114 |
| Mississippi Territory | 8,850 | 40,352 |
At statehood in 1817 there were 14 counties: Adams, Claiborne, Jefferson (originally namedPickering), Wilkinson, Amite, Franklin, Warren, Wayne,Marion,Greene,Hancock,Jackson,Lawrence, andPike.[15]
After 1800, the development of a cotton economy in the South changed the economic relationship of native Indians with whites and slaves in Mississippi Territory. As Native Americans ceded their lands to whites, they became more isolated from whites and blacks. A great wave of public sales of former Indian land plus white migration (with slaves) into Mississippi Territory guaranteed the dominance of the developing cotton agriculture.[16]
PresidentJohn Adams appointedWinthrop Sargent as the first governor of the Mississippi Territory, effective from May 1798 to May 1801.William C. C. Claiborne (1775–1817), a lawyer and former Democratic-Republican Congressman from Tennessee (1797–1801), was governor and superintendent of Indian affairs in the Mississippi Territory from 1801 through 1803. Although he favored acquiring some land from theChoctaw andChickasaw, Claiborne was generally sympathetic and conciliatory toward the Indians. He worked long and patiently to iron out differences that arose, and to improve the material well-being of the Indians. He was also partly successful in promoting the establishment of law and order, as when his offering of a two thousand dollar reward helped destroy a gang of outlaws headed bySamuel Mason (1750–1803). His position on issues indicated a national rather than regional outlook, though he did not ignore his constituents. Claiborne expressed the philosophy of the Republican Party and helped that party defeat the Federalists. When asmallpox epidemic broke out in the Spring of 1802, Claiborne's actions resulted in the first recorded mass vaccination in the territory and saved Natchez from the disease.[17][18]
George Mathews, a former governor of Georgia, was appointed the governorship, though the appointment was revoked before he took office.[19] The third governor wasRobert Williams, serving from May 1805 to March 1809.
David Holmes was the last governor of the Mississippi Territory, 1809–17. Holmes was generally successful in dealing with a variety of matters, including expansion, land policy, Indians, theWar of 1812, and the constitutional convention of 1817 (of which he was elected president). Often concerned with problems regardingWest Florida, he had a major role in 1810 in negotiations which led to the peaceful occupation of part of that territory. McCain (1967) concludes that Holmes' success was not based on brilliance, but upon kindness, unselfishness, persuasiveness, courage, honesty, diplomacy, and intelligence.[20]
The eastern half of the Mississippi Territory was labeled theTombigbee District and later Washington County. Ignored by the territorial government, the inhabitants were beset by hostile neighbors, militant Indians, and the usual frontier problems of competing land claims and establishment of law. Solutions to these difficulties came slowly, and were not completely resolved when the territory gained statehood as theU.S. state ofAlabama in 1819.[21]
English common law dominated the development of the judicial system in the Mississippi Territory. The citizenry considered the laws imposed byWinthrop Sargent, the territory's governor, as repressive and unconstitutional. 'Sargent's Code,' however unpopular, established the first court system for the territory and served as the precedent for later revisions.[22] The area was in a dire need of competent judges at the end of the 18th century, at a time when the governor and three judges were supposed to write law to govern the new territory. In 1798, Sargent wrote toTimothy Pickering, Secretary of State, that this was his "great source of uneasiness"; he was anxiously awaiting the arrival of a new judge,William McGuire—but McGuire, who did not get to the territory in the fall of 1799, went back to his home in Virginia after only a couple of weeks. The two other judges wereJudge Tilton, a man who had never practiced law and may have studied law only for a year (he left after an early disagreement with the governor, returning later for a brief spell), andJudge Bruin, a merchant of whom Sargent said he was "a worthy and sensible man [but] beyond doubt deficient". "Aside from his innocence of legal knowledge, [he] was so often drunk or absent or both" (and had to resign to avoid impeachment), according to the reviewer of a 1954 study byWilliam Baskerville Hamilton onThomas Rodney, the federal judge who arrived in the territory in 1803 and helped organize it until his death in 1811.[23]
An 1802 judiciary act considerably simplified the court system. Several judicial reorganization acts followed in 1805, 1809, and 1814, though a modified form of Sargent's county court system and the considerable power held by judges continued. While the credentials of the members of the first territorial court were questionable, the quality of judges in later courts steadily grew.[22]
While theRoman Catholic Church, planted during the French and Spanish colonial periods, was active along the coast, after 1799 more American Protestants entered the territory, bringing their religious varieties with them. Free thought, skepticism,deism, or indifference to religion were characteristic of the wealthy planters and land speculators, as newcomers were far more interested in seeking riches in this world than in the next. As the number of American migrants increased, Methodists, Baptists, and Presbyterians formed the three leading denominations in the territory. Protestant ministers won converts, often promoted education, and had some influence in improving the treatment of slaves.[24]
The people of the Mississippi Territory favoredwar with Britain in 1812. By 1810, belief in the national policy of economic coercion was waning in what was then called the Southwest, while desire for unrestricted trade and a vindication of national honor was rising, intermingled with desire forSpanish Florida. However, problems of land claims, Indians,internal improvements, and statehood issues continued to excite more local interest than the coming of war. Most saw no conflict between war issues and local interests; in fact, some foresaw war as a way of resolving certain local problems.[25]
Following a successful attack on awhite expedition at theBattle of Burnt Corn, theRed Sticks, a hostile faction of theCreeks, determined to attack and destroyFort Mims in the eastern part Mississippi Territory (modernAlabama). Poor scouting, an attack at noon when most of the garrison was eating, seizure of the portholes by the Indians, and inability to close the main gates were all elements in the defeat on August 30, 1813. Of the 275 to 300 whites andmultiracial people in Fort Mims at the time of the attack, between 20 and 40 escaped; therefore, about 235 to 260 whites and friendly Indians were killed in the battle. Creek losses were at least 100 killed.
The massacre had significant short- and long-range effects. It triggered amajor Indian war that involved a substantial build-up of American military force in the area – which probably prevented the British from occupying an undefendedGulf coast in 1814. More importantly, relations between Americans and the southernIndians changed drastically. The Creeks, who had been living peacefully and in close contact with the settlers of the Mississippi Territory, lost more than half their land, and within twenty years were forced to move west of the Mississippi River.
Brigadier GeneralFerdinand L. Claiborne, commander of the Mississippimilitia, was not to blame for the massacre, but Major Daniel Beasley was guilty of gross negligence. At theBattle of Horseshoe Bend on March 27, 1814, American forces and Indian allies under GeneralAndrew Jackson defeated the Red Sticks, killing most of the warriors and sending the rest fleeing to Florida, where they joined theSeminole tribe.[26]
Mississippi Territory was organized on April 7, 1798, from land ceded to the federal government byGeorgia.[27] It had four governors appointed by thepresident of the United States during its 19-year history, including one,David Holmes, who would later serve as state governor.
| No. | Governor | Term in office[a] | Appointed by | |
|---|---|---|---|---|
| 1 |  | Winthrop Sargent (1753–1820) [28] | May 7, 1798[b] – May 25, 1801 (successor appointed) | John Adams |
| 2 |  | William C. C. Claiborne (d. 1817) [32] | May 25, 1801[c] – March 2, 1805 (successor appointed) | Thomas Jefferson |
| 3 | .jpg) | Robert Williams (1770–1836) [36] | March 2, 1805[d] – March 7, 1809 (successor appointed) | Thomas Jefferson |
| 4 | .jpg) | David Holmes (1769–1832) [40][41][42] | March 7, 1809[e] – October 7, 1817 (elected state governor) | James Madison |
TheMississippi Territory General Assembly was the legislature of the Mississippi Territory of the United States.
Prior to the organization of Mississippi Territory, territorial governments had been based "an Act of Congress for the government of theNorth-Western Territory" and "this model was applied, without any material alteration, to the territories ofTennessee,Indiana, andMichigan," but "the first material change of this model was made for the Mississippi territory, where the people were entitled to a legislature of nine members, whatever might be the number of citizens. The next very important alteration occurred in 1804, in forming the government for theterritory of Orleans, since constituted the state of Louisiana. The legislative council in this territory was to be appointed by the President, and formed the entire government. Eventrial by jury, except in capital cases, was left at their option."[47] As organized by theU.S. Congress in May 1800, there were to be four representatives fromAdams County, four fromPickering County, and one each from theTensaw andTombigbee settlements "until the number of free male inhabitants of full age, in the Mississippi territory, shall amount to five thousand."[48]
The General Assembly wasbicameral, and the Legislative Council was the upper house, and the House of Representatives the lower.[49] Initially, there were five members of the legislative council, and the number was increased to nine in 1814.[50] The Assembly elected theMississippi territorial delegate to the U.S. Congress until 1808 "when popular election of congressional delegates was instituted."[50] The territorial assembly was succeeded by theMississippi General Assembly at statehood in 1817.[51]Presidents of the Legislative Council, 1801–1817[52]
Speakers of the House of Representatives of Mississippi Territory, 1800–1817[53]
| Name | Dates of service |
|---|---|
| Peter Bryan Bruin | 1798–1809 |
| William McGuire | 1798–1799 |
| Daniel Tilton | 1798–1802 |
| Seth Lewis | 1800–1803 |
| David Ker | 1802–1805 |
| Thomas Rodney | 1803–1811 |
| Ephraim Kirby | 1804 |
| Harry Toulmin | 1804–1817 |
| George Matthews Jr. | 1805–1807 |
| Walter Leake | 1807–1817 |
| Francis Xavier Martin | 1809–1810 |
| Obadiah Jones | 1810–1817? |
| Oliver Fitts | 1810–1811 |
| David Campbell | 1811–1813 |
| Josiah Simpson | 1812–1817 |
| George Poindexter | 1813–1817 |
| Stevenson Archer | 1817–1819 |
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