Gazette Of The United States

LOUISVILLE (GEORGIA)
HOUSE OF REPRESENTATIVES.

January 15.

Resolved, That a committee, consisting of nine members be appointed to examine and report to this house respecting the constitutionality and validity of an act of the last General Assembly, entitled "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;" who shall have power to call for such persons, papers, and documents, as may be likely to give information relative thereto; and this house will provide for the expences which may be incurred by their committee in discharge of this duty.

Resolved, That the petitions, remonstrances, and presentments, addressed to the late convention, and the present legislature, on that subject, be referred, that the house do ballot for the appointment of the committee. The ballots were taken, and being examined it appeared that the greatest number of votes was in favour of Mr. James Jackson, Mr. Few, Mr. James Jones, Mr. Mitchell, Mr. Rutherford, Mr. Emanuel, Mr. Frazier, Mr. John Moore, and Mr. Franklin.

Friday, January 22.

Mr. James Jackson, from the committee to whom was referred the consideration of the constitutionality and validity of a certain act of the last session of the Legislature passed at Augusta on the day of January, 1795, and divers petitions preferred to the late convention, and to the present Legislature, touching the act for appropriating a part of the western territory of this state, made a report, which being read was agreed to by the house, and is as follows, to wit:

The committee to whom the consideration of the constitutionality and validity of a certain act of the last session of the legislature, passed at Augusta, on the 7th day of January 1795, entitled "An act for appropriating a part of the unlocated territory of this state for the payment of the late state troops, &c." as well the various petitions and remonstrances of the good people of this state against the said act, presented to the late convention and present legislature, were referred, report, that they had the same under their serious consideration and lament that they are compelled to declare, that the fraud, corruption and collusion by which the said act was obtained, and the unconstitutionality of the same evinces the utmost depravity in the majority of the last legislature. It appears to your committee that private interest has alone been consulted; that the rights of posterity were bartered by the said act; that by it the equal mounds of rights were broken down, and the principles of aristocracy established in their stead.

The committee, whilst they thus with shame and confusion, acknowledge that such a legislature entrusted with the rights of their constituents, did exist in Georgia, cannot however forbear to congratulate the present legislature and the community at large, that there are sufficient grounds as well with respect to the unconstitutionality of the act, as from the testimony before the committee of the fraud practiced to obtain it to pronounce that the same is a nullity of itself and not binding or obligatory on the people of this state; and they flatter themselves that a declaration to the purport by a legislative act, will check that rapacious and avaricious spirit of speculation which has in this state, overleaped all decent bounds, and which if it were to continue, would totally annihilate morality and good faith from among the citizens of this state.

The committee, for this purpose, beg leave to report "an act for declaring the said usurped act, void, and for expunging the same from the face of the public records;" and they also herewith report, in part of testimony before them, fifteen affidavits taken on the subject of the fraud practiced to obtain it.

Extract from the minutes.
JAS. M. SIMMONS, Clk. H. R.