The Democrat. (Columbus, Ga.) 1830-18??, October 30, 1830, Image 2

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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