The Democrat. (Columbus, Ga.) 1830-18??, October 30, 1830, Image 2
as to prevent any tuiuit entries tin--eon ur
that purpose. Sucli i» the tempting unruio
o( this omp|oyn»eu», that highly penal enact
ments wiU beuscess.uy totfl'Ct !•>•=» object.
Very few would engtge hi it, ;l it exposed
tliem to Confinement for years in tlia Peui
tentinry. As the evd to be prevented is of
a great magnitude, and r< quires an immedi
ate remedy, it will bo expedient that ihu
provisions of wh ilever law you may puss,
should bo few and of obvious nocssiqv, anil
operative as soon as possible, N > jlunbi
is entertained of the submission of I lie cili- |
zens of this state, to the require ments of any
|aw which may be passed, but as a gioat |
number of tho intruders have been bom o- ,
liter States, and ;aid to have hepn of lawless
character, anil to have evinced the disposi- j
lion to set at dtfitnco the power of tho j
State, it may he necessity to authorize the j
use of the militia for its enforcement. The 1
groat value of the gold minus renders it
proper, that you should not only provide
some other means for securing them from (
trespass, but also to renJer them profitable ;
to the State. They are found tlifi ughuut
the territory occupied by theCiierok* es but J
j>f the greatest value i.u she section between
lire Cliestateo and Etowah rivers. That !
part of tiro country is so broken and inac- |
cessildo, so near the boundary of the Suite,'
and the means of enforcing the laws so diffi- ]
cult to bo commanded, that neither of those |
objects can be properly effected, without j
taking possession of the mines. To do tins j
in sin It manner as to lisvo them wrought
profitably arid safely to tho State, and at |
tho satire time to guard the Indian tight of j
occupancy from vitdation.it may bo neces- 1
sary to obtain an accurate suivey of the j
whole country. By doing this, those tracts j
which contain gold tuny bo ascei taihed, and
leases made with more certainty of confin
ing tho tenants of such within their bounds,
and distinguishing bet ween tho rights gran
ted to the ten nits of those tracts which
Cray ho occupied by Indians, utid those
w ithout that incumbrance. Tttis measure
nray also be necessary to enable tho State
to ascertain with certainty, tho number of
the Indians within ns limits, the extent ol
their improvements, tho quantity of their
unoccupied lands, tho places which had been
occupied by emigrants, tho residence of
whito persons, and distinguished chiefs
—tho location of the towns and their pop
ulation, with various other information of
tho same character, all of which must be
known, in order that appropriate laws in iy
bo passed fur the government of our Indian
people. No doubt is entei taiut dos the
right to survey tho entire Cherokee territo
ry, if such measures should bo considered
expedient. The rights of jurisdiction and
soil are assantial attributes of governments,
nnd were acquired by the State upon tho ac
knowledgement of its independence, sove
nignty and territorial limits, by G. Briitain.
These rights have never been relinquished.
For, al hough the jurisdiction of tho .States,
is restricted by the constitution, ftom ope
rating upon a fetv specified objects, and per
sons, yet it is unlimited in all other respects;
and the constitution contains a special pro
visi in that it shall not be construed to tho
prejudice of the claims of the States, to ter
li'ory. Various cessions of these lights of
soil and jurisdiction over Indian tribes, and
the territory which they occupied, have been
niado by different States, to tho l/nited
States, by virtue of which it has created ter
ritorial governments, and granted the right
of soil to individuals. Virginia, Georgia,
New York, Massachusetts, Connecticut,
N. Carolina and South Carolina hive
made such cessions. Onio, Indiana, Illi
nois, Tennesse”, Alabama, and Mississippi,
are i xnreising ttie powers ol government in
Consequence ot such conveyances. Al
though tho whole extent of this country was
in the possession of tho Indian trib> s when
the liist settlement was made by the Colo
nies, and most of it has been ceded by the
Indians in tho form of trea-ies to the Colo
nies, or tho Slates, yet not one foot of land
is believed to ho held by the force of at)
Indian title. Each State in the Union, as
did every Colont il Government, claims to
bo the proprietor of all the lands within its
limits. The courts recognize no title un
less it be derived from ihe State, Colonial,
or British Governments. Such is also the
doctrine of tho Supreme Court. Tho lu
di.m tribes have no where been considered
as forming sucli communities as could bo
recognized as governments, and having the
powei to act nationally. The principal ob
jection, which has been made to ttie exer
cise of the right of soil aud jurisdiction bv
the State over the Cherokee-, has been
drawn from the phraseology of the treaties
between that tribe and the United States.—
If such treaties were to be considered as
compacts between independent nations, us
has been asserted, they would be void, so
far as they pretended to limit tho sovereign
rights of ihc State. But treaties have been
made with tho Indian tribes, at all times,
since the first settlement of this country,
without having been considered such instru
ments as conveyed political power or rights
of territory. They havo beeti the expedi
ents by which ignorant, intractable and sav
ago neople, have been induced, without
bloodshed, to yield up what civilized Gov
ernments had the right to possess, by virtue
of that command of the Creator delivered
to man upon his formation—“be ftuitful,
multiply, and replenish the earib, rmd sub
due it.* So far, thereto!e, ns the United
States, our sistei Stales, and foreign Gov
ernments are c< ncerned, tire rights of juris
diction and soil are perfect, as exercised by
the St ate over tho Cherokees, and the lands
occupied by them. These rights, have how
ever, their correspondent duties. If you
subject the Indians to our laws, tbev bave a
right to our protection. If me exigencies
Os ti e state reqiiind that 'he gold mints in
tho country occupied bv them, should be
taken possession of, such exercise of power
should not be uxtended bother than the
public interest requires. The desire of ac
qodiug land for individual profit, ought not
to lie the operative motive in directing the
polity ol the Slate. It is also duo to cur
lAvr. chur-cicr th it we should have a jealous
care, lest we priss the necessity it taking
possession of ilto minerals in the Indian
lands beyond what the public interest, the
preservation and use of the public property,
anti the enforcement of our i iws may 10-
quire. Fyeu the measures of surveying the
Cherokee territory, howevery necess.tr luf
tiie proper administiuti m of the laws, secu
lir.g the public property from ttespass, and
protecting the Indians, is on account of the
sensi'ivo feelings of the hunt me, excited as
they have beet;, by tho interested and im
printer statements of political partiztns up
on t:ie subject ot our policy towards the
Cherokees. so liable to misconstruction that
it would he magnanimously lorbcaring, in
the Legislature, per baps wise, to di I iy the
adoption of that measure fur the present. —
In removing intruders,it will be expedient
to consider all white persons such without
regard to their length of residence or the j
permision of the Indians. The citizens of j
this and oilier States, who have either ta- j
ken refuge in the Indian country, to escape
from the punishment duo to tbeii crimes, or j
connected themselves with their society
from unfi'ness to live in civifz and comimini
ties have not thereby acquired any claim;
upon the State to peculiar privileges. Much
of tho opposition of the Cherokees, to the
extension < ("the laws of the State i.vn them,
and to the offers made by the U. States, to j
induce their reunion with that part ol the I
tribe who have removed to the West <»! the- j
Mississippi has proceeded from the influ
ence of these person*. At tho same time
that wo acknowledge that it would bo unjust
to compel the Indians to leave the country
which they have always occupied, yet be
lieving that their removal to the West
would be advantageous both to themselves
and the people of the State, it is proper that
you should take away any intrinsic causes
which prevent their voluntary action upon
this subject. It may however bo just as
well as expedient to exempt individuals of
good character, from the operation of such a
general regulation, upon tho oath to sup
port the constitution and laws of tho State,
or g'ving other security that they will dis
charge tho duties of citizens of tho State.-
The number of white men residing among
tho Cherokees, within tho limits of tho
State, aro estimated at two hundred and
fifty, exclusive of Missionaries, traders nnd
podlats. About one hundred aro living
with Indian women; fifty have permits from
ihe Cherokee Chiefs, and into hundred
from the Cherokee Agent. Out of the
number of fifty four, whoso names, places
of residence, and property, are described in
a letter from the Agent, twenty-four are
possessed of negro slaves.
Tiio law extending the jurisdiction of
tlio Stato over the Indians; contains no pro
vision prohibiting from enteriug upon their
lands. Tiie Indians will ho exposed to
continual vexation and disturbance, unless
their rights are so secured as to enable thorn
to •btain certain redress for their violation.
Hitherto intruders have been off their lands
by the force of the Genera! Government.
However justifiable tho exertion of tiiis
power may have been formerly, it cannot
bo continued any longer, consistently with
tho right of jurisdiction which has been as
sumed by the State- It becomes thetefore
an imperative duty to afford to the Chero
kees by your enactments’ the protection,
from intrusion which thuy formerly received
from the U States.
It is also due to our Indian people that,
that provision in the law of 1829 should bo
repealed, which prevents Indians and de
cendants of Indians, from being competent
witnesses in tho courts of the State, in
case where a whito man is a party. The
present law exposes them to great oppres
sion, whilst its repeal would most probably
injure no one. Attempts havo been nude
to stiip them of their property by forged
contracts, because of the impossibility of
defuuding their rights by tho testimony of
those who alone can know thorn. And al
though the moral feelings of our frontier
community has been too correct to permit
such infamous proceedings to effect their
ends, yet tho character of our legislation
for justice, requires that the rights of thece
department people should not be exposed
to such danger. Our judges are qualified
to determine upon the competency of wit
ness*, aud our juries to weigh their cred
ibility.
That part of the law of 1829 which dis
annuled all the law and ordinances of the
Cherokee Government, has been eotirelv
disregarded by the Indians, the chiefs have
continued to meet together as a Legisla
tive body, Invo passed laws, and carried
on all the operations of Government in tho
same manner as if they really were the
representatives of an independent nation.
I have had no authority to prevent such
conduct, because the law which repealed
all their ordinances, and punishino flieir
chiefs for any act done for the purpose of
preventing emigration, attached no penal
ty for any other exercise es power. Al
though ambition is not more censurable
when exhibited by an Indian, than a white
man, and the situation of the Cherokee
tube rendered it but natural that a strona
effort should be made, by those who had
by their wealth and intelligence obtained
the absolute control over it to retain their
power, yet it is not thetefore the less prop
er tliat the State should compel them, bv
the use of the necessary authority, to de
sist from tlieir pretentions. They | llV e
had stificient notice to do so. Further de
lay Would but encourugo disobedience.
Instead ol making their legislative, judi
cial or other pretended acts of Govern
ment treasonable the milder punislimeut of
the Penitentiary will piohably bo nil am
ple snfeguaid against any future ambitious
purposes.
The passage of the Indian bill by Con
gress, cicated a strong hopo that thro'
tbe means which was thereby
red at tho disposal of the President tl*e
State would be relieved from the embar
rassing difficulties which have so long It ir
rassod it, arising out of Us relation" with
the Cherokees. As yet cur expo, muons
have been disappointed The looi-**
have refused to listen to any term* offered
by the l*resident for their remuvW, or even
:o meet him at h»« request for tlia purpose
of consultation. They addressed a meino
r| ,1 to the people of the U. S. compl nuiug
of tiio oppression of Georgia, and the faith*
Icsm-i t.i- admini -ration of tho G-tr-r
--.,1 Government.'* Taev have been persu
idod. tint tiie Cherokee tribe is an inde
pendent foreign nation, and that the Su
preme Court will sustjin it in assuming
sovereign powers, and tiro State of Geor
gia he i e -trained from enforcing its laws ti
re ,o them. I havo received a formal no-
lice, ii copy of which it is uiidcistood has
been served upon tho President ol tu : U
States, of the intended application to the j
Supreme Cou.t for this purpose. Ino j
correspondence of the Executive Depart-J
oient upon this subject is submited to you.
Wit itever difference of opinion ni iy exist
among good men, as to tho policy of re
moving the Indians, all mint agree in con
demning this effort to enlist tiie Supreme
Couit in the violent party question which
now agitates the whole Un’oti. Ihe
St ite never can b;cotna a patty before any
emnt for the determination of tho q testion,
whether it Inis the right of subjecting Un
people who reside within its acknowledged
limits to the operation of 6s laws.
Although the first efforts of the Presi
dent to extinguish the Indian title have n >t
ptoved successful, yet tiie promptness vvitn
inch they h ive been niado, and unre
solved manner in which our rights have
been acknowledged, require of the State
tho fullest confidence in the present ad
ministration upon tiiis subject. It may bo
expected that the contract of 1802 will
now be honestly executed, iftlie neglect of
former administrations, and tho opposition
to this, has not rendered it impossible.
Both policy on our par', and respect for
the Government, demand that wo should
wait patiently, without acting, the tesult ot
the exertions of the President in using tho
means provided by Congress for that pur
pose. It unfortunately for us, he should
fail entirely, it will be proper for the State
to look no lunger to tho contract of 1802
for the cxiihgtiisliment of the Indian title
to its lands—li.it to execiso its own powers
for tho management of its own internal
concerns.
One of the means used by tiie Genera! i
Government to execute tuc contract o!
1802, h is been by paying individual Cher
okee* the full value for their improvements
and possessions upon their emigration.
These improvements and possessions when
thus paid ft r become tho property of the
State. Upon application to the War De
partment. I have received a scheouie of
tho names of the emigrants from this State
with an account of their improvements left
by them, and their value, copies of which
are laid before yon. It is important that
those improvements should be placed in
the possession of citizens of this State as
early as possible, not only for the pjrpnso
of preserving them for future disposition
but is tho means of more readily enforc
ing the Laws up-n tiio Cherokees. As it
is probable that the President will find
that the appropriation made at the last
session of Congress for the remov. l of
tho Indians, may ho more successfully ex
pended to effect that object, by operating
upon individuals, families, and town*, than
upon the whole nibe through their Chief*,
it will therefore be proper titat you should
prescribe some general regulations, by
which the places left by tho emigrants may
bo immediately occupied by the citizens of
the State. Many of the houses which
have bean left by the emigrants have been
taken possession of by other Indians. Au
thority ought to bo given to remove such
occupants in a summary way. Others were
destroyed by order of principle Cherokee
Chief, Joint Ross, under circumstances
of the most savage cruelty to our people,
who wete in posessioo The jurisdiction
es the State had not at that time been ex
tended over tho Coerokees. Tiro copy of
my letter to the War Department upon this
subject accompanies this message.
The decisiou of the President, upon the
right claimed by the State to the immedi
ate possession ot a considerable) tract of
country, now in the occupancy of the
Cherokee*, but which was formerly own
ed by the Creeks, has been less favorable
than wo might have anticipated, from the
clearness of the testimony which was sub
mited to him. The Secretary of War, in a
letter upon this subject, states that the
Commissioners appointed by tiie President
to examine in to tiie facts, in relation to
that claim, had reported in favor of a line
bogtiling at the Shallow Ford, on the Chat
tahoocite-', and rutting South Westtvardly,
along the side as repr. settled in a Map,
which lie had transmuted to the Executive
Department, and that the President had
confirmed the report and ordered tho Cher
okccs to ho removed from the land so as
signed to the State. This Map accompa
nies the other papers submited to you upon
this subject.—The report of Gen. Coffee
a boded to in the letter from the Secretary
ol War, was not received until a short time
since, and then without being accompanied
by the President. Upon examining the
report, it iv ,s ascertained that Gen. Coffee
had never seen any part of the testimony
which was taken by order of the last Leg
islature. A letter was immediately addres
sed to the President, through the then act
ing Secretary of War, requesting a re-ex
amination of Gen. Coffee's repoit, and the
evidence which was transmitted to him
from this department.
I he tract *t land from which the Chero
k'-e* have been removed, by order of the
President, is supposed to contain 464,646
acres, and is now so ijcct to be ilispiui-d <>|
in such manner es you may think ezpe
dumt. The great object to be • libeled by
the State, 111 tuo appropriation of its lauds
is the increase ol its population, and the ex'
ci lenient of its people to industry, aud the
accuni.il itioii of weoith. The lottery sys
•cut which has been hitherto adopted, is
believed "to have been better ca'rul oed to
a.tiio these ends than the J p -sui-'U b)
uubluksalt-. In au unimproved ‘country,
ween- capital is scarce, I. detest 1 igh aud
every tra lu a J employment deni <nd labor ;
WC.litil, itlia Slii j *«.H isl p«S
session of tho people, can be rxpt tided |
more usefully l y them, in improving the 1
lauds, ami otherwise theticbesj
of the coonuy, th mis drawn fsmil 1!-mi to
be pi iced in the poL'ic lyu-snry. It has
always fonmi more diflieut to hm run im
prxiper exaenditutes artisitig f um a lull
Treasury, iimu to obtain tiiroujh the pow
ers which belong to the r*>vcjiiu.i'ii', tho
means which may be* u-ally n q i-rel for
public purposes. I' is reuoited ih.l there
ate v ilu 1 blu gold nows iu the hinds 10 he
dispaseil of. Tiio public interest rdquircs
lint mo fits if land which contain gold
shi.nl Iho exempted 60at the l.'ttery Tho
spiiit ol speculation wu'ch the disposition of
the lands by lottery is calculated to excite,
lias been tho greatest objection to that sys
tem The knowledge tbit the lands con
tained valuable minis of Gold ivou.i in
crease tliat spoil to the most iuj it intis ex-
tent. The com miniiy would become high
ly excited, by the hope o! acquiring great
Wealth, without hihor. Tho morals of the
country would be in dinger of cor;notion,
from the temptation which would be hold
out by law, to tho commission of innumer
able frauds Regular industry and econo
my would for a time be suspended by test
less idleness, and imaginary, as well as real,
and unnecessary expenditures, lit most
instances, even tit ; successful owners of
the rich prizes would dot be ready hene
ftlled, Prodigality is the -usual icsiilt of
riche.*, and sudeuly and easily obtained.
Mines are like the accumulation of the
pcnpieV money in the public Treasury.
Pile Government should manage them for
general, and nut for individual advantage.
If tliet should prove excedingly profitable,
the State would thereby be enabled to re
lieve the people from taxation, improve
all the roads, render its rivers navigable,
and extend the advantages of education to
every cl Iss of society.
It will bo necessary for you to provide by
law, for carrying in o effect, so much of tile
seventh section ot the first article of the
constitution, as requires that an accurate
enumeration of the people should be made
I at the end cf every seven years after the
first enumeration. I 1 doing this special
! provisiou will be required for taking the
Census of those counties to which the
Cherokee Territory lias been attached, at
least so far as relates to the Indian*. It
is very desirable to have as minute infor
mation as possible, of the entire number
of different clast s among them, such as the
number of white-men who are natives those
who are’not natives’, the number of white
women, of the half breeds, of the slaves
aud of the Indians, it may also bo im
portant to ascertain the location of all those
persons, and tbe extent'ef their cultivated,
cleared aud inclosed laud.
Among the bills presented for signature
on the day of the termination of ttio last ses
sion of tiie legislature, was one for the in
corporation of the town of Decatur. After
a full consideration ot its ptovi-ious, I was
of opinion that the corporate powers grant
ed by ir, were inconsistent with the Con
stitution. I was therefore constrained to
enter my dissent to ns becoming a law. 1
have done so with less reluctance, because
it is understood that my opinion but so loivs
the decision of tiie judiciary t!epar:iuent.—
My objections accompany this message.
According to the request of the Legisla
ture, commissioners were appointed to ex
amino aud repoit upon the claims of C. C.
Bitch, to compensation beyond his contract
price for building the addition to the State
House. The report ot the commissioners,
allowing the con ractor a part of his char
ges, was not Confirmed, lor reasons assigned
fully in tho written opinion which accompa
nies the papers upon that subject.
The compilation of the laws nnd resolu
tions from IS2O to 1829, inclusive, by C.
Dawson, E.-q. his been examined and ap
proved Flie number of copies nquhed
to be printed has been contracted for, and
will be ready for distiibutiori by tbe month
of June next. 'File committee appointed
to examine this compilation, say, in their
report, “It is worthy of observation, that
from 1800 to 1809, inclusive, there were
only 486 law*, and but few resolutions, pas
sed by tbe Legislature, and from 1810 to
1819, inclusive, there iveto 708 laws, and
291 Resolutions, uhile during the last ten
year*, we find there were 1477 laws and
695 resolutions.” The cause of this great
increase of Legislation, and the consequen
ces which follow fiom it, are well worti-y ul
your fullest consideration. Much tho lar
ger portion of the compilation is made up
of resolutions, imposing no obligation, and
tho object of passing which has long . ince
been airstveJ or ceased u> exist, and of pri
vate, local and temporary laws, in which the
emmunity have little or 1:0 concern.
Much expense would be saved, es well as
the public convenience greatly advanced,
by ex eluding sucli matter altogether fioni
future compilations. It is sitigu urly sur
prising, tliat a people jealous ol their poli
tical privileges, us the people of Georgia
are, should bu so regardless of the lights
which those privileges are intended to se
cure. All the forms of a Free Govern-j
meat are of no other value than as g-.ards ■
thrown around tho people, to secure the’
continued enjoyment of ihe natural and ti-;
vil iigh:s which belong to them as Individ-j
o ils. These rights can scatcely be so cal- |
bu), unless they are clearly defined by the
law*, aud protected from violation by a '
f'iitiful and intelligent judicial fuliiiinistrn- i
lion. 11 this he tine, ir becomes us to cn
quire whether on: laws are *0 enacted as to j
be certainly known, aud so aduunistcied, |
1* to secuie to each citizen ibn name jmlg
ments. By far tiie largest por'ion of the
decision* of our courts are lesults drawn
from the common and statute law sos En«
land ; ami yet no judge cm give a satisfac
tioy answer to the question, what pm 1 «>l
he statute and common law of England is
In foice m this .tcj I?* W*- :
all flte acts, jr-.il j. ;is 4 acts, t.; am
Provincial LegElatme, feit m ■ce
on the Mill of M >y, 1776, i. • -me- •*•* n»
of England, and such <>f ihe -• . ”0 !i« s as
were usual vin force in the i'i »i..ce, w. to
declared to be in force, so tor as *m y Ire
not contrary to tho cofistituin 0, -v. >. and
form oi government then ost bed -a the
State. This law is still niuikeml.> I: ig
imposible to determine by its provisions,
wh it decisions ot the courts ol England are
to bo considered as co-1,1111111 la v l urr, or
ascertain what statutes oi England •-ere
usually in force in the province ul Gaor
gi.a.
The foundation of a most admirable sys
tem of jurisprudence was commenced by
the judiciary act of 1799, both as to the
law and the form of its administration. It
was however but the foundation, ami no
thing has been since to raise tiie supeisrmc
ture. The organization of our Superior
Courts,so fir as concerns the trial by jury,
is believed to be nearly as pc 1 feet as possi
ble. It is even probable tliat ihe ci-uami
ance of the present very impel feet organi
zation us our Couits in oilier respects, has
in a great degree resulted from this peifec
tion of our juty trial. K our laws wore
few, simple, and dear, there would perhaps
be no evil suffered ironi leaving to juries
tiio determination of doubtful questions of
tight. But the laws of every free enter
prising and wealthy community, must b»
very numerous and exceedingly complica
ted, to those who do uot devote themselves
wholly to acquiring a knowledge of them.
Juries, though composed of the most intel
ligent and upright citizens, cannot deter
mine doubtful questions of law, because
they cannot know wiiat the law 6. They
must look to the Judges for instruction, aud
unless the information they receive from
that source is intelligent aud impurliul, their
verdicts must bo very uncertain determina
tions of right. Il is well worthy yom en
quiry whether the constitution of our cruris
is calculated to secure either such ability
or disposition. The responsibility, of the
1 Judges, arising from the tenure of their offi
ces for a fixed term, is decidedly preferred
to what is u-ti illy called their inciepo-mience.
But to make that responsibility operate be
tn ficiaily, it must be wholly fee from natty
accountability. W hettevei it bqjcoincs ne
cessary for 1 lie re-election of a Ju ige, '.hat
! his party feelings should bo rendered ap
parent on the Bench, his re-eligibdi \ be
'comes au evil greatly over balancing the
good derived from his respimsihili y. Our
Judges are necessatily taken from the pro
fession of tbe Law, and almost uuiversu Hy
from the circuit of their practice and resi
dence, su that they have to overcome all
their pre-conceived opinions and feelings
in relation to cases and parties he (ore im
partial justice can be done. In piaciicoit
often happens that tho Judges have scarce
ly finished deciding the cases in which they
have been concerned as Lxmyers, before
they are deprived of their offices to to aka
loom for some oilier Lniyw i»i«o ifts tlia
s;.n>e difficulties’ to overcome Vi ith all
these causes operating to mislead our Judg
es, float the adoiiniuiniion if the ii-.v in
its purity, they have coidi-iod to them a cpn
ti'oui over tbe laws, and lights of the Peo
ple, that no other free government bea over
intrusted to the h inds of mdivi iu ils How
ever important the determination of any
case may be to the interest of the commu
nity, or to the lives and f.ntunes of individ
uals, the decision if a single Judge is, ac
cording to our J edict try, absolu.e N o ap
peal is permitted to any other Trebuna! to
' correct the criers which fn.iy tesuii front
first impicssiuns, pll ti titty, ignorance or
corruption. The Judge is sale from expo
sure as well as the pci ties without remedy,
Ail that nli.cli aggravates the tvils arising
i from the unen tuinty of the law, and tho;
means of exercising pataiufity by our Judg
| es, is, that they must necessarily ibeteaso
| with the continuance of our present system,
j !*• e have not only a separate and indepeo
j dent Judicial administration in u vh circuit
but each successive Judge, in tho same cir
cuit, is but slightly directed by the'determi
nations of his predcces-or, because the de
chitons of tho Judges ate not repotted and
published. Il t eie were no other benefit
j expected to bo derived from the establish-
J merit of n Supreme Tribunal for the cor
j rection of the errors of ihe Superior Courts,
the publication of its decision:, by which t»
[ common law of our own might bo formed
j would of itseif be an advantage far mom
I than ovet balancing all its inconvet cios. -
| There is no doubt hut that the ts; udish
<>‘ent of such a court w ould o :c«sioo delay
and additional expense tc parties, hut no
more th in at present roso! s trom appeals
from the loleiirf to the Superior Couits,
and from Writs of Cei tiorark If such ex-,
pense and tietay should be more than wliat
is necessary for the proper investigation and
determination of cases, the fault wfili be in
the Legislature -not in the Court, since the
form of its proceedings must conform to the
wit! ol the Legislature. 1 hope that tlia
imp.u lance of tins subject will justify the.
mariner in which 1! ins been pressed upt li
your consideration.
Tlit line between ibis Slate and Florida,
!i >s nut been tun, as tlie ieselution < f the
b , t>isla | uie would seem to have n qoired.—
I ins has been occasioned by the diliiculty
ot procuring (Joiiiinissioijcrs, ami a Survey -
or to perfonu that duty dm ine the uulua’thy
season r,i the year, 'i'lio line could not bo run bo
bao lu.it time, because until the adjournment of
t ongruss, it was not known that, tint body would
pursue such a course as to make it necessary. A
copvol the correspondence had with several gen
tli’iiicn, vvi i tdiow the « 4 x , riif»Ms used by tljo fixe*-
unlive to have that service performed The sub
ject is at; a,ii referred to your conaidoretio.i, aud
especially as some doubt was entertained, wliether
it was intended that a failure on tho p, lr i of Con
c<«"|»ly with the request of the legisla-'
_me, saould reconsidered erjji.valent to n refusal
I lie ii miniums .it the I e/iaialure upon this h ul>-
jeet, ware aceoidin.r to request, fore aided to our
members ol 1,011 rusi.uiid liy them laid he fora the
Heuftte uud House of Representatives- 'fho ror
port unde to toe House ol llepre-ontati v«* by tho
Coin Mini ee to when thean revolution* were ro
•‘tried, was aJverse to 111" iqrht* <>f t|,„ fttste
I he committee say, that l.Y„ (ff ja „t order to 0 »
(übiuu j|.:r l Umi, ougitl earlier t • prove, tit it t| IM
ComnmMoner" v/ho acted by authority of the