The Southern Intelligencer. (Austin, Tex.), Vol. 2, No. 23, Ed. 1 Wednesday, January 27, 1858 Page: 3 of 4
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$|¡t Southern Inídlíacnrtr.
3STWEDNESDAY, JANUARY 87, 1888.
The Emprtwrio* and tüf Onltnniirc.
Tbe Kiupretario* hare rendered the must uier-
' Itfri - valuable «lid huiMirnble «ervicen In Die
country, ut tlio risk ol their liven and fortunes
Keverut hnye pcrulit'd Ht the t.iak— till have in-
Tnriahfy beeu niiued in the unt< r|iri e. Thin ir
k.n iueoutwtlWe> and well kuowu fact.
The ordinance in based un undeserved preju-
d ices, and uro" injustice. Let us examine the
tiftritt i>f these two insertion*. Vast and de-
lertvd territories, the exclusive home of the
beast and favago Indian, are not very cuviable
They may be cunsidert*d as bodies, without a
•oul. The first duty of the oecupants, by con-
quest or otherwise, is to direct their most siren
uouk efforts to obtain settlers, and cull tor the
kscintaiice of men of euterprinr and capital. To
nrcouiplist that vit.il point of ciisteuoe, in
diicenients and rewards must be ollured to u
certain extent, liaW'd on contract binding Ixitli
parties, and entered into ill good luitii.
Wild lands, contested by wur, nud oppcred in
tlirir settlement by Indians, do not render a
very desirable investment ol eapitul, mid iutel
lijjent pemiuul exertions. However, Texusjias
been so nnfortiimite as to exchange untiling. lor
something- Contracts to introduce emigrants
into the country liavo boeii made ut various pe
rinds—settlers introduced ut greet expense in
rtirrcd by the enipresurios, and the Iruit pro.
duced I)\ capital and hard labor, reaped ut oucc
by the rettleinent of nianv jiortioM !' the coun-
try—■ leaving the empresarios to obtain retnun
i ration ill 111 course of an ui.liinitid period, as
said remui.elation depends on tlio sale of laniis
yet iinsaieable at uuy price. In fact, the soul
In plait the tell has been advanced, the crop
f athered by the owner of the land, bill the pay-
u.fiil ot the seed is yet to clime,
The nrdidttiico is dated -llh of August, 184f>.
ju>t ut the time of annexation, w hen the rulers
ol the country believed lands ill Texas e^ual to
¿old, and the euipreeaiioH too rich by the re-
sult of their contracts. The very same men,
who, in the course of t.vcnty ytars, have «all d
the empresarios to their aid in order to obtain
sutlers, ore tlinse who denounce iliemiisgreedj
speculators, who wish to monopolise six orsev-
<ii million acres of the best lands of the conn,
try. Such accusations mo entirely unjiiB ,
when we reflect that six or seven million ai res
nf laud, could not bo obtained but by tlio set-
tlement of st least 8.0U0 fain.l ea, embracing
40.(100 soul.". Is not tl'ls number of settlers,
introduced into a wild totiiiiiy, w! ere hnds
hove no value but it nominal one, ten t mes
more valuable than the millions of acres so
pompously denounced as an injury to the peo-
ple of Texas? Six or seven million acres, to be
deducted out of two hundred millions of acres
est ¡mat rd nuniVr ol acres etnbi seed in llie pub-
lic dora' in. leaves a pr ity fair balance in lavor
i f h. ordinance makers. I am at stied that n
our d iy, thegovernmo t would read ly eNchang "
the laiue amount of laud for 40.000 settlers.
For 'he sake of argument, let ug make some
estimates: At the t'tii • when the empresario
were so daring as to embark capit I indu try
and skill, in t' o U'ilotiizat on of Texas, hind
would not command over five per c-ei.t. por non ¡
ronseqii ntly (i 000 tlOO iteres, m ght have been
obtained lor ¡¡¡¡WO 000.
The expensi s attached to colim'zation iiiiplit
have been ca'eulated at 50 ets. per acre, and at
that rate, $.1,000,0(10 would have been expeud>d
to posnesK (i.000,000 acres of laud, which could
have lie n bought for fHOOOOO. That is the
kinduf operation made by the empresarios. If
the promoters of llie ordinair e hud been awnn
of these facts, very fur Irom deiiou cingtheuni
presa'ios as grasping spei nlators li y would
liave recommended them to the magnunim ty <>1
the ov rimient, end . injured i.bo..t that iuti-r-
esf ng qu sti-.n.
A decree rendí red without henrini; is un-
just and lyruuical. There is not a good demo-
crat who Mould not agree on this p' int. How-
ever. tho I rdioam e is nothing else but ihe con-
demnation nod ruin of srveri'l in n who have
demted tie ir capital, ciedit and industry, with
the expectation of obtaining r numeration from
their entcrpri-e. Hut their hopes have bo. n
frustrated ; the country alone gatlier d the fruit
of tin ir labor, by la*iitg seoured an inilieiise
number of settlers at the expense of thcempr -
«irion, for lauds at this moment without value,
fu h In q ilto -s i ti i unj ist jiidgmeiit i tight by
tins moment to be rv rid by the very penpfr
who have passed the sen ene . Th ¡ti opie may
do wrong when misguided ; but left to act «t
themselves, th y n ver can or w¡H eouimit an
injustice. I without any hesitation, trust this
cu e to the Judgment of the people. II tweii y-
tive or thirty ineinbers of u committee selected
among the most learned in the history of the
country—in the mean time, practicni men in the
pursuits of life, and well instructed ill the ad-
vantages obtained by the country, by lite labors
and sacrifico made by Ihe empresario —could
report to the people with truth and impart ali-
ty, I then would cousider myself afu to obtain
rcdre s. .
My pleadings before such committee would
be very short, but striking:
Gentlemen of the Committee: Here ore before
your omnipotent assembly the country and the
empresario ! to be tried with liberal views mid
Impartiality.
_ 1 lie country Is rich, prosperous am) power
ful. if yon think, according to the documents
communicated to your Isidy. that the empresa-
rio have, with their capital, credit, skill and
persevering exertions, lor twenty years past,
contributed to thnt result, your neKnmvledge-
ment ol thii incoiitestihle fuel, will lie nt once
•be condemnation of the oi'dina ce.
•i. empre arlos are mined, ns appear from
the taieuient< and documents depo iied in your
hand . Public opinion is in our day, satisfied
with the truth of this unfortunate r suit.
buch expositions could not lie denied or con-
trovr'rteri, because accomplished fact are irre-
siitibie and conclusive.
Then, taking for granted Ihe veracily of this
remark, are not the empresarios, far from being
harshly tres ted. deserving of the faiorabh'con-
sideration of all the honorable meiiof the conn-
"y ' n!,n f" be relieved and reWnjded for the
hardships (hey have endured, for so many years,
independent „f the capital lost ?
I do think that any man. moved by slrief jus-
tice and equity, will vote for a measure so moral
ml lhonorable In its character, nuil n adapt'd
0 "N" 'r,l(; meaning of democratic | rinclples.
„ AN EMPRESA !".
1' s- Colony land in Fiiher & Miller's Col-
! .j,n , "btained at $78 lor 040 acre , pa
?! i V"w<"Ter' ba« been expended to
«"lain said land, the equivalent of 50 cts. per
•cue, or #.m
IT" The Governor of Georgia .lia vetoed the
•«II relieving the bank Irom the forfeiture in-
cut red, in conaoquence of their u pcn«ions.~
Ihc veto message ji « powerful argnment
•gainst (be pre umpti«n of Ihe instltintona si-h
«xclu ire privilege* — which privilege lliey
abuse antll ibcy auppoee the public mutt sustain
•kent.
HI—W—mm. 1 , .1. . ——
'Sift.. The following nets Imve received the
sanction of the Governor, and become law :
.Instil authorizing the clerk of the County
to transcribe into bound books, to be procured
by him for that purpose, cel'taiu records therein
named,
An art to incorporate Colnradu College.
An act to provide lor the sale ol a certain
amount of IT. g, (¡ve p^r cent, bonds.
Au nil to amend Ihe charter and lor Ihe relief
of the Houston and Texas Central Railway
Company. .
Ah net for the releif of Eli H. l'nge,
Au art lor the relief of Abel Morgan.
.1/1 net supplemental to an net to iucurporat*
Colorado College
Ah net tu create the county of Montague.
.4m art to create the comity «f Clav.
Ah art for the relief of W. II. Key.
An art for the relief of Mntfliiss Ward.
An act for tho relief of thu heirs of George
Urilile''.
.4n act for llie relief of Joseph linker.
Au act to incorporate the town of Weather-
ford.
/I ah making a contingent appropriation for
the support ol Ihe IVuiteiitiary.
■ An act to organize the county of Presidio.
.in act Igr the relitf of Ihe heirs of Martin
A inne.
An act to authorize and require forced sales
ol real estate and negroes, nud sales of real es-
tate or negroes, made by executors and ailm n-
Isirators in the county of Calhoun, to be mnde
at the door of the (..'asimer llous", iu the city ol
ludiu.tiola. . •*
An Act to regulate and determine the liny nt
Grand and Petit Juries in the countv of Smith
An act to rep' nl a portion of an act ol Fait.
10th, 1852, entitled nil net relating to lands iu
Pi ters Colony.
More ahovt tme Pout Orne*.—We j-e -
••■rday rrceived ■ communication from * valued
Hibtcriber in Pelt r l<ur|t, Va., slating that lir
hod receiver! only lwo copie* of llie Intelligen-
^ Wi a* many month . We have regularly
mailed It to him at Ihe poet office here.
The Eastern Texa Gazette nays thai the
Pacific Pallnwi I* nearly completed to Marshall,
and think* th* ch*rl«r * III be *aved. Me moli
* be.
An Act to authorize tho Commissioner nt the
lionera! Laud office to cancel patents No! 815,
Lot S, issued to the heirs of Gregorio .Sais, and
to l«sue n patent to Vinceute Sai .
An Act to legalize the surveys made for the
Travis Laud District.
A Juint iietqliuion instructing our Penntors
and requesting our Uepreselitatives in the Onn-
gre ol tile United States, to use their endeavors
in procuring u regiment ol Texas mounted - ol
unieers, to be rnised Sir the protection of the
Western frontier of Texas.
An Actio Incorporate the town of Botiham.
An Act for the relief of the heir of Jesse
Boy kin, deceVed.
An Act to incorporate Ihe West Fork Mill
Company.
An Act amendatory of un net entitled an nci
to incorpórate llie liuropeun and Auieiican
Colonization Society in Texas',
An Aol forthe relief of Maílla Prince.
An Act to change the name of Taylorsville.
An Act to incorporate the Lynchburg steam
saw mill and ship yard company.
An Act to Incorporate the city of lnditmola.
An Act to create the county of Throckmorton.
Au Act to incorpora-'* tlie l'rcacbcra, aid
eiety of the East Texas Conference.
An Act to incorporate thej-Tollieo munuftielnr-
iug coiupuuy.
An A' t to re-ndjmt the boundaries betjieci
San Pulricio and Nueces counties.
An Act to author za the county court of Hie
county of Wharton levy a special tax
Ji int Ri'Miluiion. gra iting leave of absence
Irom the Slate to Hon, Chas. A. Fi'azcr.
An Act to restore Thomas Ho-kins lo his
civil right?.
An Act. supplementary and amendatory of
an act entill'd nil net to ascertain the legal
claims for laud and money against the State,
pass d Allgtlit 1st 18511.
Au Act to amend ail act to define tho 1st .Ju-
dicial District, and to tlx the time of holding
th" D strict court therein approved July liltli
1856.
An Act to prolong the time of holding *h
regular quarterly leimsof Hiecou <y courts for
the transaction of county business.
An Act for the relief of the widow nnd lieirn
of Jas. H. Major , defeased.
An Act defining the of time holding the courts
in the 2itil judicial district.
An Act to create the counties ol Archer,
Menard, Zapato, Hardin, Hamilton, Kimble
and Diicluinnn.
Joint Ifi solution, instructing our Senators
,ind requesting; our Representatives in Congress
oil Ihe suliject ol Indian spoliations.
Ail Act f r ill relief of J o J. K Gregory.
An Act to legalize trauscripts of records of
fiehlnntes, in the Surveyor's office of Fayette
county.
.•In Act to change the time of boi ling the
enmity courts of Upshur county, sitting ns a
coiiimi io ei's court.
An Act to continue iu force, «te.., the San An-
tonio and .Mexican Gull Railroad.
An Act to raise and muster into service a
company of mounted men lor three mouths.
An Act to transcribe tho records' of Palla
county.
An Art for the relief ol John Barton.
An Act to request the United Slides to refund
the money expended by Texas in frontier de-
finiré.
.■In Art for the relief of the Galveston. IIous-
Ion iiud Henderson Railroad company.
An Art to appropriate $15,000 to defray the
contingent expense of the next legislature.
Joint Resolution author zing the Commissioner
nl Cla ins to employ twg additional (Jlcrk-
whose services shall lie dispensed with from and
after the Hrst day ol January, I SOS.
■ An Act lo legalinc Hopkins county n« a land
d strict, and to legalize surveys made therein.
An Act suplemental to au Act to authorize
the location, sale and aeltlnmuut of the l'ucilic
Railroad Rest rvo.
An Art to authorize and require all forced
sales ol real estate and liegroe* made by execu-
tor or adiitiuisttutors within llie county ol
Travis, to be made on Congress Avenue, at tlie
South-east corner of Hlock No 70.
An Art for the relief of thu legal representa-
tives of Eli Hart^decengcd.
A Joint litsomkn recognizing tho rank ol
('apt. J. (J. Todd, late Texas navy, requesting
our Senators and Representatives to use their
ililiuolic" to procure the passage of a law moor-
pointing him iu the U. S. navy, with the ran!,
lie held at ihe time of Annexation.
Aii Act to change tlio tiino of holding the
terms of Ihe district courts, iu llie eleventh ju-
dicial district.
An Act making an appropriation to pay for
Slate copies nf the Ifilli and 17ili volumes ol
Texas Reports.
.In .'IcY to create the county of Dei', add it to
the fmirUienlli judicial district, and adjust the
boundaries of the adjoining counties, atlce'ed
by the creation of said county.
An Art to dellne the time of holding the ses-
sions of the supreme court.
An Art to pay tor printing the proclamation
of the Governor.
An Art to incorporate the Cansino Assoi iation
of San Antonio,
In Act to create the county of H (in honor
of lliirnard K. Bee) and attach it to the Hill
Judicial District.
An Art to adjust the boundaries nf Goliad,
San 1'atriclo and Nueces.
.4/1 Art to change tile name of Lemider Millón
Nealy to Leandcr Milton Stone.
An Art lo provide for a sp. cial election of
a Senator in Ihe 21st District to llll tile vncnticv
caused by the resignation of the Hon. E. >1.
Mi'liean.
Ah Act Authorizing the clerk ol the Pi"!riot
court ol Fayette county to transcribe certain
record therein named
An Act to amend lbs 2d s-ctlonof an act en-
titled"*u act lo aiO'nd llie 2d section of on
act entitled '• an act to em ud tli" 2d and 7th
sections of an nil act entitled an uu act to or-
ganize the Supreme Court of Tern .'' approved
Rov. 30th 1850. approved February liltli 1854.
An Act to admit Wni. Ht Uuekhurt to prac-
tice law in the court of thin State.
An Act to change and provide for a nniferm
time for terminating the fiscal year in the seve-
ral officer* or Ihe Slate Government.
An Act to remove the dlniliilil.es of minori-
ty fiom James N. Scott, Win. P. Wvott, Win. U.
Fowler. Geo. McKlti try,nnd John P. Arrington
nnd to declare them severally of lawful age.
An Act lo Incorporate the Richmond Hall As-
sociation iu Fort Rend County.
An Act authorizing the CnmmliMioncr of th.
General Land Office to issue a duplicate certifi-
cate lo Lewie K«rn, on certain condition .
An Ad lo incorp rate Ihe town of Grcen-
rille, appmved Fobniary 14ih, J852.
An Art for the relief of Renj. F. Elli .
Am Ad lo definitely dellne the northern boun-
dary line of the Mi lí íp¡d «id Pac.ficU.Ji
R Or "..
An art to repeal an act supplementary to an
act for the relief ol the citizens of Mercer's
Coldoy, passed Fcbiunry 2nd, 1850, approved
Aug, IÓ. lh5K.
An act for the relief of Lonlta Warren.
An art lor Ihe relief of Win Lee.
An art making au appropriation for the per
diem pay and mileage of the mcinliei , nnd the
pel diem ol the officers ol the 7th Legislature.
_ .l/i act authorising the Clerk of the County
Court of Johnson Cotiuly to transcribo certain
record therein named.
,4u art for tho relief of the heirs of Jacob
Becker, ilec'd.
An act for I he relief of Luciano Navarro,
An act granting the title lo real estate iu the
City of Austin.
An act to create Ihe liltli Judicial District,
ill tlie State of Texas, lo regulate the holding
of term of the District Court in sa d District-
and providing for Ihe ti o turn „t District Judge
ami District Attorney iu sidd Distriot. and lor
the ti'iul of o rtuiii causes in said District.
An act for the relief ol Lazare Garza.
An act stipplctnenbilnrv lo mid nniendati#i
of •• au act lo regulate Rail-road companies,''
approved Feb. 7,1H63.
.In act lo proúde lor the payment of a coin
puny ol mounted mugar culled into service by
llie governor lor the pro! ciion of those engaged
iu transporting goods and merchandize over the
road from San Antonio to Ihe Gull.
.Is debtor the relief of Andrew Coupland.
An act pr scilbing tlie manner of recording
llie votes lor Governor and Lieut Governor.
An act to incorporate Ihe German Free School
association of the city of Auiiiu.
An act lo provide for an enumeration of the
inhabitant* ol the Statu of Texas for the year
H.-/8.
An not to amend an act to incorporate the
Bastrop Acideinv, approved Feb. 7th 1S53.
An act for the reli l of Z'ppore Whiteside,'
and ill'1 heirs of 11 only Whiteside deceased, mid
Robt. Huglii*. Sr.
Au net to incorporate the Grand and Subor-
dínale chapter* ol Royal Arch Mason* in Ihe
Slate of Texas.
A i act for llie relief of the Iloiistou mid
Texas Central lta Jwny company— vetoed.
An act to attach a port on of tlio county of
Trinity to the county of Walker.
An act lo incorporate the Eastern Texas
R. R. Company.
A Joint Resolution.
An aCI profiting a pension to L. Kraut*.
Au act to amend au net, creating ihe county
of Comanche, npuroved Jan. 35th, IP56.
An act aiu' ildl.ig s iid act approved Aug. 2"o|i
185(5.
Au act aulhorizlsg tho Governor to draw
and distribute llie arms and accoutrements
from the U. S. government to which the State
ol Texas is untitled.
An act to re-nremiizo the 3d Judicial district
a ai prescribe the time of holding courts there
in.
An act to consolidate iu on' net nud nmmd
thu several acts incorporating the town of
Rusk in Cherokee county.
An act lo amend Ihe first section of a joint
resolution, liif I lie roliel of the company of
Rangers commanded by Copt Win. Becknell
iu the year 183C, approved Keb. lltli, 1852.'
Au act for ihe relief of the lu ll's of Tbos.
f.eMwick and for the relief of Ashmor ■ Edwards.
An act to incorporate tlio Indiauola R. R.
company.
An act ,'ur the rel'ef of Sam"! McCullough.
An r.ut to author ze the clerk of the County
Court of Sin ill county in tr uiserlls! into a
bound book to b procured by him for that pur-
pnse, all record- hereinafter mentioned.
An act for ihe relief ol the Colorado Valley
[{. II. company.
An act for the relief of Mary A. Collin .
An act for ihe r I et of tlio Texas Western
It R company, and in umenduient of the act ol
ncorporatioil theicof entitled an act to e-tab-
i,>i|i Hie New Oil nns, I'uc lie and Texai U R
company for the extelis'on of the New Orleans
Algi rs and Opolou-as Railway through Texas,
approved Feb. Ifiih 1853. and in wnendineut ol
the ' uppli mental *et approved Feb. 2d 1854.
An act to incorporate tho Grand and Subor-
dinate lodges of th" tree and accepted Masons
iu Texas.
A ii act to amend the fourlli section of an act
to piowde for the Investment of tho special
school fund, In the l oads of R R companies in
corpor.it d by the State, Aug. 18th 18.">f>.
An act to lix the time of holding tho Dis-
trict Court in llie loth Judicial District.
The I'rbnte upon lie lluivemiiy Hill in tlir
Stnmf,
Wits in cxcollent tnste, and wo wish wc
hull it in out' power lo lay it prominent-
ly be Cor (j our rcailer*. Tlio tu'giimtiiitH
oí Col. Wifffall and of Mr. Quinan wore
of tlio iinnimworalile kind.
When llie little studied but all the
more dangerous objections, thai Uni-
versities could only benefit tho noli and
not the pour was urged by Mr. Whit-
ley, tho new Senator ; nnd that gentle-
man urged that such was the fuct in re-
lation to the Government Institution at
West Point, the Hon. Forbes liritton
took issue, and cited conclusive prece-
dents lo the contrary. He appealed to
his own case of having been admitted
there, without being backed by wealthy
or inlluential friend . That lie was once
dismissed for some infraction of discip-
tne, bul restored by the order of Presi-
dent Jackson, who acted upon the case,
without any reference to political influ-
ence. Aih'Hiocontrasted Ihe ease of Hen-
ry'Clay's son,who having been dismissed
for a violation of discipline, could never
be restored, with that great man's in-
fluence to back him.
He contended, that wealth and ex-
traneous influences are muóh less potent
in public than private schools.
To the argument, that none but thu
rich could obtain the advantages oí
Collegiate education, Senator I'aschnl
read a letter from a poor boy at a Col
lege in Tennessee, who works his own
way, and cooks his own victuals, and
thus gets his own board at 75 cents per
week. And he insisted, that if the li
brants and tuition were froe, as this
Slate might make them, to the poor,that
•education would be accessible to every
nmbitionp youth determined to have it
And so it would. The letter of this poor
lioy had a telling effect upon Senators.
The truth is, that of all the poverty in
the world, that of the poor student
struggling for the fame and power
which learning gives,is most honorable,
nnd m<> t calculated to cut down the
empty headed fool who vaunts his
wealth.
Never can wc forget the poor boy
who left his father's house, without a
dollar, and with cowhide boots, which
did not meet his pants by an inch,
►without decent clotheB, and with no
books but some soiled Latin and Greek
clttHflicrt, which had been worn until
tlioy would not sell. Ho went ^<> what
would V rnllrd a rollry«- n Texas, *tt
tered, without knowing how his fees
were to be paid, " boarded" with a
cabinet tnakor, ata dollar a week, most
of which he paid by keeping the good
man's accounts. And as to the balance
it was all paid by writing the " compo-
sitions" of the rich, und by translating
their lessons.
It is no use saying who was the poor
youth. It is enough, that ho never
felt the uncultivated nabobs so much
ill his power. Nabobs they were not
then ; but they respected the poor
scholar upon whom they were depend-
ent. And whatever facility this pen
has possessed iu after lile, was gained
by having to write for the sons of the
rich, who greatly preferred to pay than
to think. Universities only fur the
rich ! Like all the other stores of
knowledge, they are for the poor and
the hungry after learning and truth.
Away with such low arguments! They
are lit only for the demagogue, who
would pull all down to a leve! rather
than raise tlietn up. Give us a Univer-
sity for the State, nud we will bargain to
find the means for educating twenty
poor youths under its guiding lights.
There is nothing which the rich have
and can keep. Their plantations pass
every generation to their overseers,
thoir counting Wuses to their clerks,
and thoir benches, legislative halls and
executive oflk'cs to their clam boys,
mechanics and plough-boys. So tin
indigent young men nmc. will soon be
the professors and scholars in the Uni-
versity. It is for the poor and riot the
rich, us all God'#'heritage is. The
ambitions poor demand a great school
for themselves.
Very appropriate speeches were also
made by Messrs. Potter und others, for
whose remurks we have no space to day.
Indeed a very proper und liberal spirit
pervaded the whole Senate.
Opinion of the Supreinr Court.
Delivered ,tI Austin, Fall Term, 1857
den of proving his innocence and is er
roneous.
Judgment reversed and cause remand
ed.
MITCHELL)
vs >- Appeal from Gonzales.
Hewitt. )
Opinion by Justice Whkklkh.
On the denth of the husband, the
community interest of tho wife is sub-
ject to the community debt and charges
of administration. By sale, she canitut
defeat administration, and her vendee
would take subject to those charges.
A subsequent purchaser at administra-
tor's sale would obt*i a good title,
notwithstanding the previous sale by
the wife.
Judgment affirmed.
NATIONS)
vs r Error from Gonzales.
JONES. )
Opinion by Chief Justice II icunm.i..
Suit was brought for the purchase
money of a slave warranted sound in
mind.
What may be the extent of such war-
rant, or what may be tho exact, mean-
ing of the phrase of souudiies of mind;
whether absolute idiotcy or a minor de-
H'ree, but still, a variety of idiotcy—or
a grade of mind between idiotcy <ind
imbecility, may be left to coses in which
the precise signification of the terms
must be ascertained. The proof in th s
case, was, that tho boy wus such as the
Defendant desired to purchuso.
Judgment affirmed.
HANCOCK)
vs >• Appeal from Travis.
WINANS. )
Opinion by Justice Wiikkler.
Agreements of Counsels respecting
the conduct of causes are not absolutely
obligatory on the Court, but may be
set aside or disregarded, when to en-
force tlietn would work inconvenience
or injustice. Such mutters of practice
the Court must have the power to con-
trol according to its own sense of jus-
tice or propriety. And as at general
rule, the action of the Court therein
will not be subject to revisions.
On the agreement of Counsel being
set aside ft continuance was asked by
Defendant, on the ground that he had
not prepared his pleaeiugs, as ho was
permitted, tiuder the agreement, to use
the pleading of another cause. The
Plaintiff having proposed still to carry
nit the agreement in that regard, the
Court properly held there wu£ no cause
f. r a emitinuaiice.
In reference to polling the jury to as-
certain certainly their verdict alter
agreement of Counsel, that they might
bring in a sealed verdict and alter Ihe
jury had dispersed, ail the authorities are
reviewed
Tlfb Commcnwealth vs Roly, 12 Pick,
492,512; 4 do 2159; do do, Urcenl 3Í1ÍÍ;
ó Foster 507; 4 do 437,9; 1 Me'Jord
52 ; 1 Wend 91; « Co won 211; 11
Ohio 472; Mlk. Coin. 377; 3 (¡r. k
W. on new trials 1410; 2 do do 550.1;
8 0 .io 408; I Bite. Ab. Tit Verdt (F.)
The conclusion is, that an agreement
if parties, that the jury may return a
sealed verdict, is not not a waiver of
the right of either party to poll the jury,
but in doing so the question must be
confined to whether it was their verdict
at the lime they delivered it sealed to
the Clerk, and not whether it is their ver-
dict after being disponed.
Judgment affirmed.
CARTER )
vs }■ Appeal from Brazos.
THE STATE.)
Opinion by Justice Wnr.Bt.ltn.
The indictment was founded upon the
Act of 1850, Oh. 58, Sec 1, p. 42,
against a master knowingly |>erinUthig
his slavo to carry Are arms. The Court
charge that a master is presumed to
know the habitual or usual acts of his
slave, unless it be rebutted by proof.
This reverses the order ns respects the
burden of proof np<>n a charge of crime,
«n't tV-iMC* rpon the IWendsnt til* bur-.
DAVIS & WIFE)
vs >• E
P1NCKNEY. )
i r^r from. Bastrop.
Opinion by Justico Whkkj.er.
The language yf the opinion in
Blankenship vs Adkius, 12 Tex. 536,
seems to favor the supposition that be
cause the debit sido of the accounts ex:
ceeded the credit, suit should have been
brought in the District Court, tho facts
of that case are different Irom these.
The decision was founded upon the pe-
culiar facts of that case. In King is
Longeope, (7 Tex. 280) held that a bond
in double the amount of the judgment
was substantial compliance with Ar.
1753, Dig. without including costs.
Judgment reversed and cause remand-
ed. On a further examination of llie
case, it is seen that by coinputmg in-
terest, according to the verdict, the
bund is not in double the amount of tho
judgment, and «lid not comply with
King vs Longeope quoted above.
Judgment affirmed.
NALLES)
vs > Error from Washington,
OATHS. \
Opinion by Justice Wiikki kh.
This case is distinguished fronJ those
in which il is held, thnt the declarations
of a former holder of a chose in action,
kIisII not be faiCeiv d to iinpooch the
title or impair the interesUof his ino-
cent assignee, in a suit by the latter,
(Bristoe vs Duu, 12 Wend 142; Whit-
more vs Brown, 8 Id. 190; Frear vs
Kvertson, 20 Johns 14i3; 1 Grecnl; Ev.
Sec. 171.) But it was not the priv-
lego of the Defendaiiti to make the al-
leged nominal plaintiff a witness, be-
cause ho was a parly to the record, and
might refuse to trsiify, ifhesuw proper,
(Dial vs Grain, 10 '¿'ex. R. 444; Par-
sons vs Phipps, Id. 341) and although,
only a nominal party, the consent of
the real p tty iiuinterest, it seems
lie must have been obtained before
he could be examined, ( Frour vs
Everlson, 20 Johns R. 142 3; 1 Greenl.
Ev. Sec. 353 4.) Not being a compe-
tent witness, at <lie cpl! of tho Defend-
ant, being a pai'ty to the records, and
apparently, having nijoint interest with
his co-plaintiff in the note on which they
sue, there was no erro in admitting his
declarations in evidence. (1 Greenl,
Ev. Sec. 171 4; 7 T. R, 603,(170; note
8 Wend 491)
Objections to tho admissibility of
ev'dence, cunnot bo raised by asking
instructions to tho jury. If the cvi-
douce was inadmissible, as tending to
vary by parol, tiie terms of a written
contract, it should have been objected
o on that ground when offered.
Judgment affirmed.
From th" Muym ille (Ky..) Kngle.
Serious Damage to tlie Com Crop.
We have heard complaints during:
the lust ten days, from farmers through-
out this county iu reference to their
corn crop. Several of them nssure us
that they are at a loss to know where to
look for seed-corn for the next season's
planting, as they have no corn suf-
ficiently sound to rely tipon, and know
of none such among their neighbors.—
Of those with whom we have conversed,
few had done anything at all in order
to slay the rot. and but one had been
prudi nt enough (o pull and husk his
corn nnd spread it out on his barn floor,
in order to preserve it us far as pos-
sible.
Tho following letter upon the subject
is from one of the most intelligent far-
mers and close observéis in all this re-
gion, and will be read with interest:
Fkrn Lkw, Ky., Dec. 14, 1857.
Tuos. A. Cckiun, Ksq.:—The fanner*
of this county have sustained serious
damage by the rotting of their corn
crop, both in the shock and standing on
the stalk in the fields. Many crops are
now one half lost, and the other half
seriously damaged, .The most mature
specimens I enn find are discolored in
the pith of the cob and their vuluc, of
course, much impaired. Many farmers
attribute it to the wet weather. This,
no doubt, has aggravated the evil; but
the true cuuse is to In; found in the fact
that our first frosts found the corn full
if sap. The cottscqueuco is that it has
never matured properly, continued clam-
my, and refuses to cure up us in favora-
ble years. I furnish you these facts
that you may tantico them editorially,
and invito the attention of your ox-
haiiffes, that your renders may learn if
it is local or general.
Your, K.
The Maii.s ! Trie Ma:i.s.—We dislike
to be continually quarrelling with the
mails, but we recede such mean treat-
ment from them that we arc bound to
give them an occasional scourging.
We have just received the Tri-Weekly
Gazette from Austin, dated December
9th, with also several other documents
of about the saine date. This is smart-
ly over a month. They came in upon
tlie Eastern stage, via New Orleans,
we suppose. This is a little worse than
it generally is. Sometimes, and very
eldoui, we get matter from Austin in
ahuiit fuur days. This is uhout lis it
night to bee But it has been proved
by actual observation of passengers,
that persons starting from Austin after
letters are mailed, get here several days
in advance of the letters. This is the
result of criminal neglect and indo-
lence. It must bo remedied. It is
inore than the people will submit to.
A wink to the wise is as good as a nod.
— C/im ol rc Sf ntivel.
At (he last meeting ol Capital Union
l.od.e ol (Jo d SanuiriUiia, the following ufll-
cers were elected for the entiling term:
Ihvimi Koot W, C.
Mis* Fanmk I luii mi mi* W. F. I).
W. (i. Il'lllliu W. V.
Miss Moi.uk IIohiksi W. I). K
T. M. Hostic* W. It. 8.
Miss IIkttib Siiaw W. I). R.
0. Ii. CtM.KN W. F. d.
Miss Sisas Ukuhick W. PM>
1. U. ftiu su W. T.
Miss Ki.i.k.n Goocii W.T.
8TKKI, Matiikws W. 1>.
Miss Mabv I'kkhv W. I), h.
AS'|. W. A I.I.K.N *. W. C.
Mu*. A. M. Coi.uvs W, 1), C.
PICANN Matuewh W. p. C-
M«* J/inrir 0TRt.ro* W. P. P. D.
Telegraph ir.
Kansas Election.
Advices from Kansas to tho 7th inst.,
hate «orne to hand. They aro unsatis-
factory and confused.
Probably tl e democratic candidates
for Slate officers and a majority of the
free Stale enmlidatoi for tho I¿egislntur«
are elected.
The majority against the I.ecompton
constitution is estimated at 10,000.
MlS1HTF.lt to Hi'HSIA.
Washington, Jan. 11.—The Senate
has confirmed the nomination of Col
Pickens, of South Carolina, as U S Min-
ister to Kussia.
- J COCK OK TIIE U. S. Sl Pr.EMIC Cul'RT.
Washington, Jan. 12.—Tho Senate,
to-day, confirmed tho nomination of iIim
lion Kathau Clifford, of Maine, as Judge
of the Supreme Court of the United
■ítalos.
The vote was twenty-six for and
twenty-three against the continuation.
Two Senators who wore opposed totht
confirmation wore absent.
Later rnojj Utah*
St. Louis, Jan. 12.—The Hepubliesn
has advices from Utah to the first of
December.
The troops were quartered for th«
winter at Fort Bridget-, except Cook's
Company, which was ut Harney's Fork,
where there was still a scant supply of
grass.
Fort Bridget- is being re-built, for the
purpose of protecting the provisions.
The troops are well and comfortable.
The weather is. mild.
There is provisions enough to last till
June, on close allowance.
Capt. Marcy has gone to Taos and
Santa Fe to procure supplies.
Nearly two-thirds of the animals be-
longing to the expedition had died.
Tl io Mormons ure limiting propnra-
tions to leave for tho British possessions.
Pioneer parties have already left.
Brigham Young had sent a quantity
of salt to Col Johnson, who returned
word to Briglmm that ho would liang
tlie next messenger that canto on such
an errand.
Young had invited all tho officers of
the army to partake of his hospitality,
and spend the winter in Salt Lake City.
It is said that Col Johnson is so well
assured that the Mormons will leave iu
the spring, that he docs not uskfor an
increase of force.
New York, Jan 13.—Tho Star of the
West from A.spinwull with the Califor-
nia mails has arrived.
St. Louis, Jan 13. — Gov Denver's
message to the Kansas legislature as
crib s Ileal.i ins ly ami b tier fetliu^o-
isting in the Territory rather to personal
than to political feeling, and asks Kan-
sas to emulate the liunnouiousncss of
the Ncbraskinns.
Nicaragua.
The chief item of news from the Isth-
mus is the announcement of the surren-
der of Col Frrtitk Anderson to the U S
steam frigate Snsquchdna. The news
was brought to Aspinwall on the 30th
ult. It is reported that Col Anderson
being hard pressed by the comhinod
forces of Nicaragua and Costa Itica,
having burned the buildings, spiked the
guns of the fort, killing tlie cattle, and
taken possession of the merchandise
about Castillo, embarked on board one
of the river steamers. On his way
down the San Juan, he was mot by
Capt Sands of the U S steam frigate
SusqueAan , who took him and his com-
mand prisoners, &ud placed them on
board the Wabash to be transported to
tho United States.
The papers stale that Senator Douglas
has formed a purtnerahip with a gentlema i tf
New Orleans to carry on it plnntutioii
in the northern part ol (.ouiaiaiiA.--0ffft><.t(on
Nats.
1 I
go"l17
Ooldatd Mr*
aiHEunconrfKiwr b«
JL fftiiderv, fur .Uíü *cr<
of Land Comí: o
of wtrhin theihrw retrod
plicM*. uU.-gm.
H.VIU Rl'.ftTOHATlVK.—I'rof. Wood advertise* in
our coluinnn bis vuluitblu medicino for rattoritig hull,
mid for tb« pretention of buldn* , Jlc. Tbli rnnody
hMbeon uned quite extensively, m<«l with great nucrew.
Hundred*, uny, thouinnd* have used it, end uro willing-
to testify to it« eflicncy. Head the advertisement—go
at once and procure a bottle, nnd provis ita virtue. Our
good old bald hended Imclielor frit-ml* «hould embrnce
this opportunity to cover their pate* with a coat of rich,
luxuriant hair.—Jndianapol§ Locumutivc. vU>*uo9tt Uw.
N K VV A lrv JiKTIS KM tí N TS.
SÉl'JícT SCÍKxTl.
flVIJK second term of Mr flnker'* Helect .School for
1 Youug Ladieii und Mi**c , will commence ou Mon-
day, February 1*t.
M r«. Jiarr'a JLadies Seminary.
f PiiK fourth setfition commence* on Mondav, Ut Feb.,
X J856. The cour«e of *tudy embrnce* Ancient and
Modem Literature, with drawing, painting and needle-
work. Teriun 94 nnd #5 per month.
Mo die il a leiaon.
FENWICK SMITH
f PIIE oii^inal manufacturer of the Hmitb saddle tree,
X in flow prepared to till all ord«r* that may benefit to
him, or bin agonal, A. O. (Joinptou it Co. rtampie* may
be neem at A. CI. Uouipton St Co.
MAMK* Of TMKKI AND PMCKft !
Texn* Tree UG; tíolid Zncetuco* $I'J; Chihuahua f!0;
Mexican $1; Ciuncarrier or Hanger Tree fllH,
Auntin, Jnn. Uft, lHf> . v9-*noW3"0m.
SPECIAL SOT ICE.
A LI. thone indebted to the uudcrsigncd, by account,
are rr oueated to settle, by canli or note, and nnve
cost, io« be In determined to clone up nil clnitn*, both for
and nuaiiiatbim, In the name way.
W. M. FOWLEU.
No aflcounr made until old score* are cloacd.
Austin, Jan. W5, IH5H. vtf- -Hw.
THE LAST CHANCE FOR ~
AMBB, OT YPE8.
'I'UF. undersigned is about to leave thin city, nnd all
X those desirous of uettiug one or more of hi* life-like
Ambrotype*, would an weU to call soon. He bason
band a latge assortment ol plain and fancy ea*e*, lock
eta nnd brunnt-pin*.
Membet* of the Legislature and other*, visiting Austin,
would do well to procure a good likeness of themselves,
while they have au opportunity ofha"ingone taken nta
UKYLlQHT (iALLKtlf,
an they are much better than tbone usunlly taken by
travelling operators. Sailer? on I'ecan street, opposite
Ollphant * Jewelry Htore. Call and examine spocuiieu*.
Austin, Jan. 97, '58.
^ r £1*.^
W. XV. HKJLKiKHH,
no2d'tf. Artiat
N O Tl C E !!
'IMIIH 1 to ocillf/«II perwuia lint Ibe power of nttnr
i- ney, íleon Mr. FnuiLOlMurt liv mr, 1. linretiy re-
voke,!. JACOB Ul'l*/,.
Au.Un, Jan. 8T, IS36 vg nogl-Hw.
ENGLAND & Ü0ST10K.
FURNITURE ROOMS.
I'ecan Street, Austin, 1
H AVINO eiitnre.1 inn. eu-pnriuenliip, in the luriil.
lure liu.inuro prn|>ar«il to do all kind, ol work
io ihiir Une, upon the NiorteM notleo and moat ro.rau-
■lilc (orui.
They h« e a tina aew llearan, anil are prepared to
xeciite undcrtohtn/r with neatnew and ilQi*pHctn.
Their «hop Una Pin-an ttreet, In l'ack'a ftore lion.'
Aurtln, Jiia,gt, Ig.'ifi. va-niiBB-ii
F. ITffimAL,
Auction and Com'sion Merch
Take partículas NOTICE.
IU?*9**'
uiTutruj
YVErnracatly requoi' all oar —
• V necuuat. with luduriuj the pmaent
Jaa. lit. lasa.-iw. • BtKEIt
COACH SHOP,
On Pccan St, opposite Collirii' Lir
cry Stable.
'I'HK Urder.ii(ii«l wouiilmost re^Mtrtlully Inform ÜM
I citizen of Auitili Hill the imlinrr of mankind, that ka
llll. purehaMHl liiBi ntin: iiiler*«a<¿i« loriaer partnara,
J. T. Hrowuaad Jna '
, r icaa nl tlie be«t ni
iiieuta ot the biuinew, that can
it now prepared to carry on tlie bu.ln- . of Í
cahitiank. nCr.uv and irjoo.v makik
tha
RRPAlttiyO In all ita raiioua brauchea, with neat, aa,
•tability and di.patih. All «ne vork irérraHtfít. Ka
would return hia thauk. lar paat I.Tor., wliile hv aolieita a
anntinuaiice of the nina. W H FOWI.Ktt.
Aaltin. Jan. lat, 1B57. jan7:lyr
NOTIC E ,
Stile of Valuable Real Estate"
BY virtue end in pursuance of a deed of trust, executed
to ine on the loth day of May, 185?, by David C.
Hefting ton, to seenre the payment of twelve Certain
promisary notes, described iu said deed; and he, the
said Hettlngton, having failed fo comply #itb th# said
coudithHis ot said trust deed, but rtíads défatilt ft the
pr# mises; for it inore complete description of said defd
of trust, and the terms thereof reference Is made f>i ihé
county racord of Travis county, Book I., page* 037-8-ÍV
Now by virtue of the powers vested in me by the terms
of naitf deed of trust,—-1 shall proceed to sell, iu tha
county of Travis, city of Au*tin, iu front of tho Court-
house door, at PUB1.1C AUCTION, the blithest bidder,
tor CAHH. on Haturday, the 0th day of March, 18.W, be-
tweeu 10 o'clock, á. m aad 4 o'clock, r. m., the following
described real ectate, to wit: lieginuiug at a «tone
mouud in tha west boundary line of J. C. Tanahill's
leauue and original N E corner of S'irvey No S0| thenre
N 00, W 4,14 vara* to a stone monnd from Which a Black
JaQk, 4 inches n .In.run. r muled bears S 72¿# W 3
varas; thence B3UW W 480 varas to a drain, 520 varss tor
a stakein the K bank of a flralu from Which a Mtack
Jack ltt inches in diameter marked X. bears N 59^°, K
14i varas; thence H 60' , fc 4:14 «aras, with the N bound-
ary lino of .lames Matthew's survey to a stake In the N
martiiu of the road leading from An«tiú to Hani ron. from
which a I'ont Oak ti inciten in einmeter mnrked a bear*
I if**, W 11 varan; thence with Tunal.Ill's \\ boundary
line, N ÍI0W, E VJO vara* to the placo of hegiuuing; lo-
gstber witn all the houne*, out-houses, and other nnpur-
tenanees; the same containing about 40 acres, and oeing
ihe orihicut place of the said O. C. lietfii gton. The
purebnaer to complete title anil possession o the r^caipc
of the purchase money. JOBKPH LEE,
Aunt in, Jan ti. '58 vH- noQO -tdn. Trui'e*.
OARIi>7
ON ami alt r January 1st, 185#, our motto will posl
lively be CAHII, and i o man need «sk for credit;
for everv one witlmut exception will certiiinlv be re-
fused. We will induce our prices ou every tiling of a
w inter character nearly tu cost, for the purposed clos-
ing out such (moils, and our prices generally thnll be in
keeping witii llie bard time*. \Y«* tliuuk the citizens of
Austin and vicinity fur their very liberal patrotmge fuf
the past three years, and most earnestly ask all those
wishing to pay cash for goods, to examine our stock of
(¡cnts and buys clutblngnud furtiisbiiig goods, which in
si ill very lar^e, comprising everything in our line,
(iivfc- us a look before buying and we protnift our prieo*
shall efleet sales.
i\ H—These owing us will find their accounts and
uotcs rosily for parmer? January tirst, nud nucb an do
not pay within a rvasonable time, will find them in tha
hands of proper Ulcers for collection.
Dec 9Í1 "57 -vfctmtO It H. CAR It St CO.
AI)MINISTKA'I'OK'S NOTICK.
AT the November term 1M7, of the County Court of
Trnvi county, letters of ndministi ntior, on the entnte
of Joel Lee, deceased, was granted to William Y. Mc-
Kar land. Tins Is, therefore to notiiV all person* holding
claims against said i s nte to present them, du v uuthenti
rated, within ihe time prescribed by law, or they will he
barred, nnd those owing saidf state to make immediate
,ayment. W. M. McKAHLAND,
A.lministrntor of .loci Lee'n estate.
^Au^in, t>ee. 16. IP57. vi: no 17:2m
L( )ST C K UT IF1 CATES.
I T EAD BinHT c.ertifleate No. 1M, cln** 1, Issued by the
■ 1 Board of Land Commissioners of lirasoria county,
date not recollected, to ('. It. Manister, administrator of
Win T. Atwell, deceased, fori league of laud
Also Bounty Warrant of sidd Atwell for l'J£0 acres;
dale and number not recollected. If tho above certifí-
cales ar*' not heard from within the time prescribed by
law, application will he msds t tbcproj er i.utlioritv for
duplicates. K GILDAUT,*
v*i:nl6;flw. AttQMiey fur h«Krs.
War Among The Mormons!?
ALL tho*e indebted by note or account to tho under-
•igned, are respectfully informed that their uole*« and
acooiintn are ready for Ou- owi creditors
will not nllow un to give louger Indulgence. T/iey must ba
paid, andan mast res. "A word to wise," Str.
Respectfully, THOfl FREEMAN St CO.
P. H.—No charge will be mnde after the 1st Jannary,
1850, at least until nil arrearage* are palcf. The prices of
our goods, Groceries, linrdware, Iron, Stc., will be io
low, an to make it pro fitable to our old eüvfearcrs, an well
nn everybody else, to call on u* with their CA0tf, artrt get!
bgrgnins. T, F., St Cor
Austin, Dccf.10, mi. vg-no19 3w.
HOUSTON AND TEXAS
ClIKlRIi R If LWO A B •
fPUE Cheapest, mont Direct nnd Expeditioun route to
X Houston, Galveston, New Orleaun and the North,
from the City of Austiu, for I'nnnengein and Freight.
On or before the first of February next, the Houston
and Texas Central Railroad will be completed to Hemp-
stead—fllty miles Irom Hounton. From thence, by
stage to Austin, throuirh ('hnppell Hill, Rrenham. Round
Top, ltutersville, La Ggrange snd Bastrop, is 120 miles.
The time from Houston to Hempstead, over a
FIRST CLASS KAILKOAP,
and In the mont elegant and comfortable cars, will be two
hour*; nnd thence by Sawyer's Stages to Austiu in
tldrty-lour hours. Passenger* leaving Houston at 8 A M.
' nt 3 PM,
will reach Hreuhaiu i
and La Grungo at Hi
o'clock P M, same day.
Traveller* by private conveyance from Austin to
Hempstead, hytakliiff ihe direct route via Linen's, Alexan
distance, four ferriages of the Colorado rivor," and the
crossing of Cumin n s nnd Mill ('reek*. Thin roi
aPostOsk ridge, between the
^/sBfUMltf -
dor's, I'n'on Hill ami Rrenham, will nave twenty miles in
... ■* r, and the
route in on
. _ llvldlng WMters of the
Colorado and Vegun, and cronnen the creekn near their
heads, avoiduia detention by high water.
Hempstead Is from 53 60 mile* nearer Auntin than Port
Lavaca, saving a wagon
Out hundred and ten to one hundred
and twentu mili*
in the round trip, and will produce a corresponding dip
feience In the costo#' irsnsportmion—thereby chauging
the route tor Merchandise and Produce,
RATES OF FREIGHT AND PA8BA6E:
Pie-sage Irom Hempstead to Houston fif 50
Freight " pr 100 lbs 25
Houston, Dec. 20, 1857. vi-no2l-ltn.
IN JUSTICE'SCOtJuT, Preciiu i No.iravisco., 'l ex
THE STATE OF TEXAS, ) E V A . 8 Littlepage re
[ G W Powell and G T
Couuty of Travis. ) Bower*.
Attachment on nceoaet.
The State nf Terne to the Sheriff, ar any iairJVl nfficer of
said County—UtltRTtHO :
WHEItEAS, C. V. Lutleuage, on the ÜHtli day of De-
cember, A. D. 1857, tiled, wllh the undersigned, a
Justice of the Pence, wirhin nud for said county, his affi-
davit and bond, noon which a writ o! Attachment war
insued, by the said Justice, airnitmt the goods and chattels
of the said G W Powell and G 'I' Howers, whlvb affidavit
S' t forth that tlie said Pow ell and Bower* i* indebted to
the naid C V & Jaa A Littlepage in the sum of tweffty-
four dollnr* and forty cent*, due by account.
«On theDth day of January, A D, 1858, one of the Plain-
tills in the above entitled cause, also tiled hi* affidavit
netting forth that the snid G T Bowers is absent from tho
State, and that tho said O W Powell is a ti ansient person,
*o that the ordinary process of law cannot be served
upon thorn and praying for service of citation by publi-
cation. You are therefore commanded to cite the «aid
GT Bower* and G W Powell by publishing ibis citation
for three nucei ssive week*, in the "Southern lutHllgei'-
cer," a public new*paper. minted and published in the
comity of Tiavis, in said Stale, to be and anpear before
the undersigned Justice, at bis office in said county, on
thelant Saturday iu February, A D, 1858, then and there
to nnnwer «aid complaint.
Herein fail not but make w.tvícc and return of this ci-
tation to said Justice according to law.
Given under my hand ns such Justice, this 9th day
Jsmtary, A. I). 1858.
PKL1X E. SMITH, J. P."
Came to hand January llrh, 1858, and ex'
day by ordering the samo to he published i •« *
Intelligencer, a pui H" uowsonper, publi ' -• < «y '
Austin in snld cminly, for tnree succ •
to the I «turn day thereof.
January It th. 1858. J
v3-nolu:3w ^ &
W'W#'
To th*. ther ft nf HtU'O
WiHiam H MeKaue'
Uistrtct Court ot e<- ;í
that Thome* Hill ^ 1
August, 1897, ir
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■■ton Antonio. Texan.
KFERn to Va.irr A Urn., Oruntiacli
I'lrich A. Co., F. Uuillirau. Ilcwiu
M,im h Co., Hon. I. A. Hawbat, Oai
Warrick Tuaatall. Han Antonio i
Onnialr.; A. II. FU1IiI|m. Vtetort.
land li Bawbn, Lnwea; # #
*. A n O Ml!' . *l"
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The Southern Intelligencer. (Austin, Tex.), Vol. 2, No. 23, Ed. 1 Wednesday, January 27, 1858, newspaper, January 27, 1858; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179934/m1/3/?q=Lamar+University: accessed June 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.