The Texian Advocate. (Victoria, Tex.), Vol. 5, No. 40, Ed. 1 Thursday, March 13, 1851 Page: 1 of 4
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Vol. 5.
D OF THE YEA
PUBLISHED WEEKLY UV JOHN i>. LOGAN A.\D TtlOM.lS STEKNÉ, AT §3 iIaDVANCE, $1 IN SIX ITfiO.VMIS, OU «¡S AT THE eÜ
VICTORIA, TEXAS, THURSDAY, MARCH 13, 1851.
PROPOSALS
POR CARRYING THE «AIL.
Extract from the act of Congress of third
March, 1645. Section 18.
"And be it further enacted, That it «hull be
tliu duty of tlio Postmaster (ioneral, in nil future
lotting! of coutructa fur the transportation ul'
the mall, to let the sanio, In every cute, to the
loweat bidder tendering sufficient guáranteos
for faithful performance, without other refer-
ence to Iho uiodo of audi transportation than
insy bo necessary to provide for the due celerity,
certainty, and security of auch transportation ¡
nor ahall any now contractor hereafter bu re-
quired to purchase out, or take at a valuation,
the atock or vohiolc of any previous contractor
for thetsiime route."
ft^JBiddero will be oareful to road tho forms
idinstruetiona'ap|>ond«d to this advertisement.
losáis,
'it,
alfre-
They oro requested to state, In their proposals,
tlio modo by wt^lch they intend to convey fk
inuil. Where the si and weight of the ui
or the ipoed called"for in the schedules sliol
<juire it, the euntrácí Will be n^de (or conch,
samboat, ' 7>.,d' eonveVan r. «•, ns tho ci>jo
& ...Muüeu mcnSECv a law <i/7|
C33U Front MoKiuney ouce it week;
to Alton,
and back.
liidtlera will state suhodule and dimanen.
0331 From Aluunt Pleasant at 7 a 111 oticu in 'j
wooka, every other Monday;
by county scat of Van Sitindt,
to Palestino by tip in WedncBilny,l 1.0 milesj
and back between 7 am every other Thurs-
day and (> i) in Saturduy.
Bids lor weeklv trips are Invited.
0332 From Naeogiloclies nt 7 a ill unco in two
weeks, everv other Thursday;
by Anudarco uild NewSdeln,
to Tyler by 5 p in Saturday, 90 miles;
and back botween 7 a m every other .Mon-
day and 5 p ni Wednesday.
Bids for weekly trips are invited.
0333 From Port Lavaca at 7 u ill once a week,
Friday;
to Texuna by S p m,2G milos;
and back between 7 a in and 5 p m Suturday,
6334 From Qiltluiun ouce a week ¡
by Kaufman,
to Dillns,
and back. ^ V
liiddfa mIi i"*. ^liy -c . jnd tli
past mode of trans-
■
Ml
4
«r cura, 'tho
to blda proposing thy ch
portution. ®¿ ;
0^-Radroad cp^UMniea arc specially notified
that their rogular Wfls ste to be understood as
including the supply of dacli-oflico on the lino
of tholr rospociive roads, not over u quartor of
n mile from a depot. Separate proposals for
offices moro than a ijiiartjorof a mile oil', will bo
considered.
PROPOSALS for carrying tho mails of the
United States from tlio Istday of July, 1051,
to the 30th of June, 1854, inclusive, in Texas,
will bo received at the contract ullice at the
Postoffico Department, in the City of Washing-
ton, until 0 a. m. of the 1st of April, Iflól. (to
be decided by the 10th day of April, 1801.) on
tho route-i anil in the manner and time herein
spocifiod, viz:
0309 From Alton, in Denton e'ty.onco awook,
to Birdvillo, in Turrant county,
and buck.
Bidders will state Bchedulo and distance.
0310 From Alton once a week,
to county sito of Cooli county,
and buck.
Bidders should state echadillo and distance.
0311 From Bastrop at 7 u m once a week, Mon-
day, by Luckhart;
to Soguin by 0 p in next day, 00 miles;
and buck between 7 u in Wednesday and Ü
p m next day.
Proposals to Include Cedar creek invited.
C312 From Bruzo San Jago at 8 u ill on.ee In
two weeks, every oilier Monday;
to New Orleans, liy land, 800 miles, ill 14
days;
und back betwoen 0 a m every other Mon-
day and 8 u tu of the second Monday fol-
lowing.
Bids to run only to Corpus Chrlsti find In-
diunolu are invited. Bidders should name
all tlio offices tlicy will supply.
Bids to run by u diilerent schedule, to he
suited by the bidders, are invited.
G3I'.I From Builiilo once in two weeks;
by Waxalialehio, in Ellis county;
to Birdvillo, in Tarrant county,
>in<l back.
Bids for weekly trips are invited; bidders
will stute schedule and distance.
0314 From Cameron at 0 a in once a weeji, Fri-
day ;
to county sont of Bell couuly by 6 p mk30
miles;
und buck betwoen 0 a ill and 0 p ifl Sat-
urday.
0315 From Clarksville at G u m onoo i%¡ 0
weeks, evry oilier Mondny; J>*
by mouth >f Mile cruok und Uock^fem-
fori, Arkansas;
to Puruclil'tu by 5 p m next WedncsdHpf90
miles; *
and linek between 8nm every oilier llwfrs-
duy and 5 p in in xi Suturday;
C31G From Clear Spring once a week;
to Boston, iiiiks;
and buck between
Didders should state schedule and distance
0317 From Cup.tno at I pin oneo awook, Tues-
day ;
to Refugio, in Refugio county, by 0 p in, 15
niilo-;
and back botwnon 7 a m and linj, Tuosday.
0318 From Crookett nt 7 a in once in M woeks,
every other Monday;
by county seat of Trinity,
to Livingston by 11 a in next Wednesday,
75 miles;
and back between 1 p m every other Wed-
nesday and 5 p m next Friday.
0319 From Dallas at ouce a week;
to Birdvillo by
and buck between
Bidders should state schedule and distance.
0320 From Gilmer at once a week;
by Quitman and Dnvis's mills,
to Croenville, Hunt county, by
and 1 a:k between
Bidders should state schedule and distance.
C32I From Goliad at 7 a in, once a week, Friday,
to Ciliolo Springs, in Bexar county, by 7 p
in next day, 00 milos;
and back between 7 a ill Wednesday and 7
p ni n< xt day.
6322 From Milliard's at 5 a m once n wet k;
by Carthage,
to Ora'd Bluffs by 7 p m, 35 miles;
and back bctwoon 5 a m and 7 p in Tuesdn
0323 Froin Houston, at 7 a in, once a we
Monday;
by Jones's, Big creek, Solitude, Bingham's,
and Liverpool,
to Galveston by 12 m Wednesday, 103
miles;
and back bctwoon 2
p in Friday;
P_rojiosals_to o^Ky o:
- "„],-u L|v¿r|;;,u
bids to carry bet'
crpool, 75 miles.
6324 From Huntsvillo at
iuvlted
£335 From Sabinetown at I p in onco a week,
Thursday;
by Fairmount and Toledo.
to Burkcville by 4 p in next day, 40 miles;
and back botween li a m Wednesdii) und 11
a in next day.
0330 From Sun Antonio tit 8 u in on the first of
each month;
by liaglo l'ass, Presido del Norte, and El
Paso,
to Don Ana by 8 n m of the 20th. (say In
I!) days,) O.ili miles;
and back between 8 a m of the Island tlio
Otli, (say in 19 days )
Bids for two trips a month are invited.
j337 From Shelbyvillo at 0 a in once a wock,
Frid a
by John' King's,
to Nacogdoches by 7 p in, 40 miles;
and back botwocn 0 a ni and 7 p in Satur-
day.
0330 From Sherman, Grayson county, once in
two weeks;
to Cook county seat,
mid back.
Bids for weekly trips arc invited. Biddeis
should state schedule and distance.
0339 From Springfield at 0 a in once u wools,
Monday;
to Palestino by 0 p in next day,70 miles;
and back between ü a in Wednesday aliii 0
p m next day.
Bids for service onco in two weeks are in-
vited.
03-10 From Tcxana at 0 am once a week, Mon-
day ;
by Wharton and Cald.'rs,
tii Columbia by 0 p in Wednesday,95 miles;
and back between 0 a in Thursday and 0 p
m Saturday.
Bids for service onco in two weeks are in-
vited.
0341 From Victoria at I p III onco a week, Wed-
nesday ;
to Lamar by 5 p in next day, 50 miles;
und back between 7 a in Tuesday and 11 a
m next day.,
6.542 From Waco at 7 a in once a w eek, Wed-
nesday ;
to Cameron by 7 p m next diy, 70 miles;
und hack between 7 u in Monday and 7.p
ill next day.
Form for Rid whirr no ^ ¡ngrfi-otn ad-
vertisement in contemplated by the bidder.
"I, (or wo, as tlio case may be) [here write
tho ñamo or names in full J of [here state ihe
residence or residences] hereby propose to carry
tho mail route on No. from to ns
aften as tho Postmaster General's advertisement
for.proposals on the same, dated January 15,
1851, requires, in tho timostated in the schedules
cuitninod in such odvortiaomont, and by the fol
lowing modo of conveyance, to wit: [Hero state
how it is to be conveyed,] for tho annual sum ol
I bore write out the sum in words at full length.]
D..tcd [Signed.]'
idny.
'cok,
i m Wednesday nnd'7
between Big creek
les, aro Invited; also,
Houston and Liv-
Thursdny;
by Mitchell's,
p m ones a wock,
to Leona by 5 p m next day, 40 miles;
and back betwoen 7 a m Wednesday and 11
a m next day.
Bids for service ending at Mitchell's, are
invited.
6325 From Huntsvillo at 7a m onco a wook,
Thursday;
by Trinity oounty soat,
to M irion, in Angelina county, by 4 pm
Saturday, 80 miles,
and back betwoen 7am Monday and 4 p
m Wednesday.
0320 From Indianola at 11 a m onco a wock,
Thursday;
by McGrew's,
to Victoria by 8 p m, 38 miles;
and back between 5am Friday and 2 p m.
6327 From Jefferson at 7 a m onco a wook,
Tuesday;
by Alloy's mills and Coffocville,
to Gilmer by II am next day, 45 miles;
and back betwoen I p m Wednesday and 5
p m next day.
6328 From Laredo, in Webb county, at I p tn
onco a week, Thursday;
to Eagle Pass, in Kinney county, by 11 a
m Sunday, 100 miles;
and back botwoen 7am Monday and 5 p in
Wednesday.
6320 From Manchostor nt 7 a m onco in two
weeks, every other Monday;
by Waco.
to Cnmonm by 6 p m Wednesday, 90milos;
and back between 7 a m evory other Thurs-
day and 6pm Saturday.
Ptds to run only ss far as Waco aro invited;
a'.:."), h:if far 'vefltly tripa
Foqiii of a <Juarinilji to accompany each hid.
"The undersigned [here insert the name of
tlio guarantor or guarantors] guaranties that,
[lloro insert tho iiuine ol bidder or numen of bid-
der-, na tho caso may be,] if his (or their) bid
for carrying the mail flom to be
accepted by the Postmaster General, shall enter
into the contract required by the Postmaster
General, pursuant to such bid, prior to the first
day of July n"xI, with nt least two good and
sufficient sureties, to perform the service pro-
posed."
Datod [Signed]
Form of Certifeite.
Tim undersigned, postmaster of , ccrti-
fic s that he is well acquainted with the guaran-
tors above named and their properly, mid ihut
they are sufficient and able to make good their
guaranty.
INSTKlMTi'IOrVS,
Embracing certain contlilittnti, which will be in-
corporated in the contract .
1. S.-ven minutes aro allowed for opening and
clos;ng tho mails at all offices where no p rtieu-
lar time is specified ; but on railroad and steam
bout routes there is to be no more delay than is
necessary to deliver and receive tho bags.
2. The mail to bo conveyed in pri tinner to
passengers, and to their entiro exclusion, if its
weight ami bulk reqniro it.
3. l'ost office blanks, mail bags, and the spe-
cial agents of the Department, on the exhibition
of their credentials, are to bo conveyed without
further charge, on mail lines admitting of such
conveyance.
4. Mail agents are to bo convoyed without
charge on the principal railroad and steamboat
lines, where the size ol the mails and number ol
the offices will require tlielr^niploymeut by the
Department; and, in that cuse, a separate apart-
ment, fur tho exclusive use ol tho Department
and agent, for tho assorting nud safe-keeping of
tho mail, is to bo provided by tho contractor,
an'd under tho direction ol the Department.
5. In nil cases there is to bo a forfeiture of the
pay of the trip when the trip is not run; and of
not more than three times the pay of the t ip
when the trip is not run, and no sufficient ex-
cuso for tho fail uro i< furnished, u forfeituro of
at least one-fourth part of it when the running
or nrrivul is bo fur behind time as to loso tho con-
nexion with a depending mail; and a forfeiture
of a duo proportion of it when a grado of service
¡b rendered inferior to that in tho contract.—
These forfeitures may be increased into penal-
ties of higher amount, nceoidiug to the nature
or frequency of tho fuiluro und the importance
of the mail.
6. Fines will bo imposed unless the delin-
quency bo satisfactorily explained in duo timo,
lor failing to tuko from, or deliver at, a post-
office, tho mail, or any part of it; for suffering
it to bo wot, injured, lost, or destroyed; or con-
voying it in a place or luannor that exposes it to
depredation, loss, or injury; for refusing, after
demand, to convey a mail by any conch, railroad
car, or steamboat, which the contractor regular-
ly runs on tho rotito, beyond the specified num-
b'or of trips in tho contract, and for not arriving
at tho time act; and for sotting up or running
an express to transmit coinnirrcial intelligence
in advanco of tho muil, a ponulty will bo exact-
ed equal to a quarter's pay.
7. Tho Postmaster General mny annul tho
contract for rcpoatcd failures; for violating the
postoffico laws; for disobeying tho instructions
of the Department; for refusing to discharge s
oarrier when required by tha Department; for
assigning th« contract without the conient of
the Postmaster Ganeral, or fot acting up or
ma-.sj i" «ffti t> #fot r.id-
li. The PostinasterGeneral may alter tho con-
truct, uud alter the schedule, ho allowing a pro
rata increase of compensation, within the re-
strictions imposed by law, for tho additional ser-
vico required, ór fur the increased speed, if the
employment of additional slock or carriers is
rendered necessary ; but the contractor may, in
such case, relinquish the contract, on timely
notice, ii ho prefer.-; it to the chango. The Post-
master (jell era I may annul tho contract or cur-
tail the service and pay, when he wishes to dis-
penso with the service, in whole or in part, or
piuco u higher or different grade of service on
tlio route, he allowing one nioiith'u extru pay on
the amount dispensed with.
9. The payments will be made through drafts
on postollices or otherwise, after the expiration
of each quarter—s.iy in February, May, August
and November.
10. Tlio distances tiro given according to the
best information, but no increased pay will be
allowed, should they prove to be greater than is
advortiseo if tho places aro correctly named.
11. The Postmaster General is prohibiten by
law from knowingly making a contract for the
transportation of the mail with any person who
shall have ontered into any combination, or pro-
lU WB iUii,pj.ttM.inta rnvraphiaatimian. n?r.?«at
are tlio niaUThg ol aiiy u:d for a mail contract by
nny other person of persons, or who shall have
made any agreement, or shall have given or per-
formed, or promised to give or perforin, nny con-
sideration to do, or not to do, liny thing what-
ever to induce unv other person not to bid for a
mail contract. Particular attention is called to
the (¿Otli section of the net of 1030, prohibiting
Combinations to prevent bidding.
I -1. A bid rccoivod after time, to wit, tho 1st
ol April next,ut lOu m,or without thogiuvranly
re | in rod by law, or that combines several routes
in one sum of compensation, cannot be consid-
ered in competition with tlio regular proposal
not udjtidgod to bo extruviurant.
13. A bidder nmy oiler, where tho transporta-
tion called for in tho advertisement is difficult
or inipr icticable at certain seasons, to substituto
un inferior mode of conveyance, or to intermit
service n specified number of 'Jays, weeks, or
months, lio muy proposo to omit an oflice that
is Inaccessible, or is not oil the stage road, the
railway, or at a steamboat landing, as tlio caso
may bo; or he may offer to substituto an inferior
mode of supply in such cases. He may propose
different days ntid hours of departure and arriv-
al, provided no moro running timo in asked, and
it is obvious that no mail connexion or other
public accommodations is prejudiced. 1 to mny
ask for moto runiiintí timo to tho trip, during a
specified number of days, at certain seasons of
peculiarly bad ro*J«; but beyoild ilicse changes
a proposal for service different from tho adver-
tisement will prevent its being considered in
competition wiili ii regular hid unt sot asido for
extravagance; and whore a bid contains any of
tho above alterations, their disadvantages will
be estimated in comparing it with other propo-
sals.
I I. There should lio but one route bid for in
a proposal.
15. I'll<• route, the service, the yearly pay, the
bidder's llamo and residence ami tile name ol
each member of ilie firm, whore u company of-
fers, should be distinctly stated; also the mode
ol conveyance, if a higher mode than on liorsc-
li íek U intended.
HI. The bid should bo sen! under seal, nil-
dressed to the Fir?;t Assistant Postmaster (¡ene-
ral, wiili ".Mail Proposals in the Suite or Terri-
tory ol " written on the lace of the letter;
and should bo dispatched in time to bo received
by or before tho 1st April next, at 10 o'clock
a. .m. It should be guarantied, and the sufficien-
cy of the guarantors bu duly certified. (See
forms.)
17. 'i lie Contracts are to bo executed bvor
before the 1st of J illy next.
10. Postmasters at offices situated upon or
m ar railroads, but more th.-iu eighty rods from a
depot, «ill immediately after the 19th April
nest, report that fact to the Department, stilting
their exact disli'iices from the railroad depot,
and how otherwise supplied with the mail, to
enable the Postmaster Goners! to direct the pro-
per supply to be made from the railroad by mail
messengers, Irom and ulti r the 1st of July next.
I!). U ill I tlio act of .March 3, 10-15, the route
is to be let to the lowest bidder tenderingsulli-
cieut guaranties for fuithful performance," with-
out other reference to the mode of transporta-
tion than may be necessary to provide lor tli"
due celerity, cortaiiitv, uud socutily of such
transportation,
When tilo lowest bid proposes ti mode of con-
veyance that is inadequate lor the route in rcs-
NAN'
'emi
poet to tlio certainty, socurity, and celerity of
tho mails, aside from tiny accommodation for
travel, it will not boentilied to the route.
20. When the bid does not name u mode of
conveyance, it will bo taken and. understood to
be lor the lowest mode of conveyance, to wit, on
horseback. When it propos s to curry accord-
ing to the advertisement, and no modo of con-
veyance is stated for tho route in the advertise-
ment, it will bo considered as offering only for
hors back conveyance.
21. Since the pass 'ge of tho act of March 3d,
1845, a new description of bid lias been receiv-
ed. It specifies po niodeof conveyance, but en-
gages to carry the mail with certainty, celerity,
ami security, using the terms of tlicluw. These
bids arc called, from the manner ill w hich they
are designated on the. books of tho Department,
"slur biti." It has been decided, after mature
consideration, that a bid proposing a specific
mode of conveyance of as high a grade us two
horse coach transportation is to be preferred to
ilie star bid. The experience of the Department
enables it to lay down tlio following rules, viz:
When the mail on the route is not so largo as
to require Hvo-lioist couch conveyances, a still-
bid, If mi' lowest, will bo profcriiblu to tho spe-
cific bid.
','2. When the mails are. of such size and
weight as to render it necessary or expedient, in
roleroiica to them alone, to provide two-horse
coach conveyance, the specific bid, though the
highest, will be preferred to tho star bid, to the
extent ol a moderate difference in tho compen-
sation, in caso tho difference is not such as to
interfere with iho policy of tho new I iw, which
looks to a reduction in tho cost of transporta-
tion. Exceptions, however, may he allowed,
win re the slur hid is made by the present owner
of tho stock on the route, and it is manifest that
tho reasons for preferring the specific bid do not
exist iu his case.
23. On routes of the highest class, where four
liorso coach or steamboat transportation is re-
quired by the size mid importance ol the mails,
tlio prelercneo for the specific bid will bo, if
necessary, carried to a [{renter extent of diller-
rtiee than on tho inferior coach routes, subject,
however, to the exceptions above stated.
24. A modification of a bid, in any of its es-
sential terms, is tantamount to a new bid, und
cannot be received, so as to interfere with regu-
lar competition, after the last hour set for re-
ceiving bids.
'.'5. Postmasters aro required to bo careful
and not to certify the efficiency of guarantors or
sureties without knowing that they lire persons
of sufficient responsibility| and all bidders,
guarantors, and 'sureties, are distinctly notified
that on a failure to enter into or porform the
contracts for tho sorvico proposed for in the ac-
cepted, olds, their legal liabilities will bo un-
forced ugaiiiBt thom.
20. The contracts will be substantially in
the forms heretofore used ill this Department,
except in tlio respocts particularly mentioned
in thcao instructions and conditions; and on nil
railroad and steambont routes tho contractors
will bo roquircd to deliver the mails into the
postofliceB at tho ends of tho routes and into all
the postofficcs not more than eighty rods from
tho railroad or landing.
N. K. H A LL, Postmaster Gcnoral.
Postnffir.e Department, Jan. 15, 1051.
Februry 27—43-4w
Com. Stnektun has bben elected Senator
I'tom Now Siist-v.
AN ORDINANCE
To raise a Uecenue for the year 1851.
Be it orjained liy the Mitj/orOticI Aldermen vj
the Tbwnof Victoria in Cúiinritassemblcd:
Section I. That there shall J>c levied and col-
lected for the use of tho Town of Victoria, a
direct ml valorem tux, of twenty cents upon
each $100 vuluo of ull properly, reul and per-
sonal, within the limits of su<(i town.
Sec. 2. Thut there shall bo assessed and col-
lected of ouch poison, the proprietor ol u com-
pany, within the limits of thin town, pursuing
tha occupation of exhibiting,^ j* causing tobo
exhibited for pay oromolumijtto,any theater, or
theatrical ainusomonts, adire#t<tiix of throe dol-
lars, for caclr and every tiin? «aid theater or
theatrical amusements nroex|i[
Of each and every person IMMuing tho oceu-
putioii of exhibiting any niuwWn, menagerie,
wax works, foals of activity, (juXht of liund, or
any diversion of this charucte'v%,direct tux of
throe dollars for each and ov. rt tune Irltldiver-
sions aro exhibited. A •
Sec. 3. That tllora shall '
looted of each und evnrv¿¡
.«luí.
of any kind, iu quantities les't limn one quart,
un annual direct tax of thirty dollars, for each
and every such estublishmont.
For each und every person pursuing the occu-
pation of u hawker uud pedlar mi aitniial direct
tax of ton dollars.
Sec. -1. Tllut there shall be nssessiyl und col-
lected of each and every person or firm keeping
u Billiard table, all unniiul direct tax f thirty
dollars per annum lor each und every tublo so
kept.
Of each nod every person or firm helping a
nine or ten pin alley an niinuul direct tax of
thirty dol urn for each und every alley.
Of each uud every person or firm occupied in
keeping a race truck an annual direct tux of
twenty-five dollars.
Of each uud every person or firm pursung the
occupation of u Ileal lisíate Broker, Slap Bro-
ker, Money Broker, und Merchandise nud Cot-
ton Broker, or any Coinmissiou business,an an-
nuel direct tax of fifteen dollars per milium, for
each and every such establishment.
Of each and every person or firm occupied iu
tho business of iiue'.loiieeiing an uunuai direct
tax of t n dollars.
Of ouch and every person or firm occupied in
the rotail of vinous or spiritous liquors ill quan-
tities of u quart or moro, an atiuuul direct tax
of ten dollars for each and every establishment.
Of each and every person or firm occupied ill
the vending of Merahniidise, wholesale and re-
tail, mi annual direct tax of ten dollars for each
and every establishment.
Of ouch and every person or firm keeping a
hoarding house, or house of entertainment,
where more than live persons,«lo accommodat-
ed, there shall be assessed und collected ml an-
nual direct tax of live dollars. -
Of each und every person or firm keeping an
lun, Hotel, or Tavern, there shall be usaeesod
and collected an annual direct tux of ten dol-
ía rs.
Site. 5. That the tuxes nssessed III pursillnce
of this Ordinance, shall be a lion upon ull pro-
perty, real or personal belonging to the person
or persons so assessed, and upon whom the saino
be imposed, and upon all property arsissed
whore the owner is unknown, and shall conti-
nue to bind sueli property until the taxes of such
person or persons, shall have been fully scaled
am! paid.
See. 0. That all Ordinances conflicting with
the foregoing Ordinance, lie, and the same are
hereby repealed, and that this Ordinance take
effect Itom and after i s passage.
Passed and approved KoliiWiT 14th, lU.'ii).
J. B. ItEID, Major.
Attest—J. A. Moonv, Sec'/.
42-4 w
I'uhlif. Sale of Vlclei'iit
toWN PROPERTY.
ON SATURDAY, the fifth day of April,
1051, will booll'crod ut public sale, at the
Corporation office, in the town of Victoria, u
lurge number ol' Building Lots, within the town
proper. Also, Farm L ito and Timbered Lots,
in the town tract, on the east and west sido of
the Gil id.'ilupo river. A portion of tho land is
well adapied fur sugar uud c'otton plantatinfis.
The sale will coinineuce at 10 o'clock a. 31.,
and may bo continued from day to day until the
first Mondny ill January, A. ]) 1052.
For further particulars, upply at tho Secreta-
ry's office.
By order of tlio Town Council:
J. 11, ft K11), Mayor.
J. A. Moonv, Secretary.
Victoria, Jan. 29, I051--10-9w.
THE ELECTRICAL FEBRIFUGE,
Oil
Speed's Fever Tonic.
Till-! first public announcement of this won-
derful remedy was on the 17th of July last,
yet such has been its success, that no prepara-
tion, (we cure not what its age,) can boast of
equal testimonials of favor—the spontaneous ex-
pressions of its delight d acquaintances, which
ciwno pouring in by almost every until, some
having used u in ns many a- five hundred eases
of tho various fevers as they occurred, curing
every case within eight hours! We have no
occasion to exaggerate or misrepresent, even
were wo so disposed; tho voluntary mid spon-
tiineoui testimony of disinterested parties provo
more tliuu wo i ver dared hopo, and fur more
than we set forth when wo nITirni that it will
cure fevers in from two to twenty hours.
There aro now hundreds w ho have boon drug-
ged lor months to no go ;/ purpose, for aim-In-
terniittent fever, (chill mid fever,) who noeil
not huvo unother paroxysm, il they will uso tho
Febrífugo.
There is no lonrrer an
bled, cuppod, lenchoil
drugged, frozen or
weeks, at tin expense of ¿¡JO, $100 to .$200,
with the additional exponso of perhaps years to
the constitution li.r a míuTflTí fever. For the.
truth of this wo refer to nny one who bus luvtofl
the Feliril'uge a fair and impartial iryifi" Price
ifl per ounce; 50 cents per half ounce. An
ounce is Buffielont for fivo or eight cases of Bili-
ous Fover. For sale by
A. B. HOLBIIOOK, Druggist,
Victoria, Texas.
Principal Depot, 72 Moguzino street, New
Orleans.
Jim. 30, 1851-39-
ADMÍNISTRATION NÓTICK.
Supremo Court Ucchluu.
0'Bitn..\ et ni I ri ... , .
r.v. Dux* i From 1 letorin.
Opinion of the Court as delivered by
Lipscomb J.—-This suit w«s un action lor
it lorciblo eniry und tlctiiiucr brought by
Dunn, tlio nppelne, ngainsl tho dofoudnni,
before u Justico of ihc l'ouce for iliu couuly
ol Refugio,
'i'liore wits ¡i verdict nnd judg-
ment Ibr the pluintill'; tlio deibinlnnt ob-
tained u certiorari I'roni one of tito Judíos ( w „
ol iho District Court, and ihe pause, uliyr Ue inltnusl tlio iiiiivcrsnl rule tint the motion
tho return of tho certiorari, was u#n8rer
rod, by consent, to tho Distriq^Oourt. Tho
Judge ol the District Court dismissed tita
cuse, assigning ns a reason for his decision,
thut it wns for want of jurisdiction. We
have no doubt the J udjjo wns inlluenced by
n tniscouccptinn of the opinion of this Court
in the case of Titus vs. Lnitimorj decided
ii -loaned ai; \ X j^t tho last term of this Court, lio must
•or firm, «c¿.- oavo .«opposed thut.jt had iwne so. for tis to
—" ^ líííianw ■
Until and conclusivo on tlio pSS^,lija?
for,
showing4
peal, wns iii
merits, nppni
In tho case i
w® find uddii
bo (he fuilu
the
i an
id. want
Ho |Wtillr
Yorger 408,'
jMorted to;
nt on the li
Love vs. lit
nal grounds
to glvo bow"
snflicicnt iiinson why Iho «•irtfornri wits not
npplied oír before ilie sjiccecding t#nn of
the lúper tribunal, after the injury com-,
plniuflfl of had occurred. It is believed to
should bo made tn dismiss nt tlio term of
tho Court, to which tho certiorari In relum-
ed, nnd iu most of the Slates^ one ground
on which Iho motion cntj bó mnde, is Ihe
want of showing on the fuce oí the petition
mfflieieut cause for its ¡Ksun:ir , 'J'ho true
rulo is believed to be, I lint if iio merits ore
shown in tlio pelitiou.or tii
boon taken out and returned
dismissal,, to there by n pr>
«•it showing tution being sil
r any used of persona being
il, blistered, puked, purged,
starved for two or throe
LETTERS of Administration on tho catato of
Mrs. Ann .1. Blanton, deceased, were grunt-
ed to the undersigned by the lion. County Court
of Victoria county, at the Novonibor term there-
of for 1050 ¡ Notice is therefore given to nil per-
sons indebted to said estate lo como forward
and make payment thereof; and all persons hav-
ing claims against said entato are requested to
present them properly autlii nttcated for settle-
ment within tlio time prescribí d hv lnw.
M. M. DAVIS, Adni'r,
Victoria, I'ob'y 20, II51 —42-Hw
Tim: UrATt: ot-- Texas,
Coc.ntv of Oi. Witt.
ADMINISTRATOR'S NOTICE.
WlIl'iREAS, I,ctters of Administration
liuvo been granted to the undersign
ed by the llonortiblo County Conn of mid coun-
ty, pertaining to estates of deceased persono, at
the January term, A. D. 1051, upon tho estate
of S.C. Rice, dreenssd, all persons indebted to
snid eatuto lire r'quosted to inako immediate
payment, and all persons having claims ngainat
suid eetate are roquottcd to pruaent thein rjillv
authenticated, wi hin ths timo proscribed by
law, or they will bo barred.
DAK'L B FRIAR, Aim'r.
February 4, I331--41
which tlicro tvas.no means left, to tin injur-
ed parly, to have redress in such injury.—
A reference to our opinion in thut chbo will
show that so liir from so ruling, we, iu de-
ciding that no appeal, as a mutter of right,
could ho given by net of tho Legislature,
from tho decision of u Justice of tho Peace,
at iho snmo time clearly pointed out thai
the remedy for the injury iullictcd on the
party by tlio proceed ngs bolbre the.Justice,
was to be found in iho Inst member of the
lOlh Sec. of the 4th Art. of our State Con-
stitution. Tlio sentonco reads as follows:
"The District Court shall have original ju-
risdiction of all criminal cases, of all suits
in behalf of iho Slate to rccover penalties,
forfeitures nnd «'sellouts, and of ull cases of
divorce, nnd of nil suits', coinpl;tints and
pleas whatever, without regard to any dis-
tinction between law and equity, when the
matter in conlroversy shall bo valued or
amount to one hundred dollars, exclusive ol
interest; nuil the said Court, und the Judges
thereof, shall have power to issue till writs
accessary to enforce their own jurisdiction,
ntid to give them a general superintendence
and control over inferior jurisdictions."
The majority of tho Court bolievod, lluit
ns the Constitution bail defined the modes
und moans by which it should o.verciso n
general superintendniico nnd control oyer
inferior jurisdictions, that it was not compe-
tent for tint Legislature to point nut or ntt-
thorizo the use of other moans different from
those; that it must be done by some process
issued either from the Court or one of the
Judges thereof, and wo illustrated il by
naming several writs liuriliar to Courts,
such us certiorari, prohibition, injunction,
etc.; ct,c. If tiny injury shall ho inflicted
on n parly by tho error or misconduct of
nn inferior jurisdiction, it cannot bo re-
dressed by nn appeal, because the Consti
tution bus directed that it must bo ilono by
the Court having (he general superintend-
ence and control over such inferior jurisdic
lion, by itself or one of tho Judges theroof
taking the initiative, and issuing of a writ
appropriate lo tho injury complained of by
ihe injured party. If it wore dono by n'n
appeal, it would not be by Ihe issuance of
ii writ, but the conirol or supervision would
brj thrown on the Court by the notion of
the Juslii'o in granting the uppeul, There
is not a singlo expression used in the opin-
ion of the Court, from which it could pos-
sibly be inferred that (ho Court had not the
jurisdiction, by Ihe exercise of some process,
to superintend nnd conirol an inferior j i-
risdiction. There is manifest error iu tlio
Court below, in the dismissal of tha case
for want of jurisdiction, but in justice lo
the Judge, wo are bound lo believe that his
decision was inado without having the opin-
ion of the Court before liiui. Il is one of
tho inconvcriinnccs nnd ovils llint must re-
sult from not having the decisions of tho Su-
premo Court early published, that (lie Judge
of tho District Court has no oilier knowl-
edge of them th in what is derived from
garbled, and sometimes grossly misrepre-
sented uecomis of them. It will not fol-
low, however, ns a necessary consequence,
iu this case, that the judgment should bo re-
versed, because tho Judge wns iu error on
tho question of jurisdiction. If tho decision
was right in law, the erroneous reason as-
signed by (lie Judge in its support, would
not ufl'ect it; the decision would stand; it is
the decision, nnd not the opinion ol the
Court below, we nre called on to revise,
and this lends us to inquire what would
have been tho course of proceeding in the
Court below, on tho cuso presented by the
record. Tho petition to the Judge of ihe
District Court lor n writ of corliortiri, sets
forth the suit Ibr n forcible entry nnd de-
tainer, before the Justices' ol the l'ence,
that proceedings were thereon had, und o
judgment ngainst liiui; but shows no error
in i'net «jr ill law, of which he complains,
until after lite judgment of the Justice ol
ihe Penco was rendered, nor any exceptions
(nken by him to iho judgment bol'oro the
Justice, nor to iho regularity of the proceed
iiies on which that judgment was obtuiued.
lie complains (h it lio asked for an appeal,
which wns refused, unlessjipon Icrmsohor
ous nud illegal. The refusal to allow him
to upponl, is the solo ground of injury on
which ho rested bis petition for the ccriio-
r.iri. The in nner iu which acuse, brought
into Court by tho writ of certiorari, shall
bo tried, is not uniform, ns we shnll present
Iv show, in the Cuurts of several of tlio
States of our Uiii'on; but all concur dial tho
writ of certiorari is not a writ of right, but
dependent on the exercise of the sound dis-
cretion ol' iho Court or Judge granting (ho
writ, (N (ireenl. 11. 293, ¡¿ Aliiss.4'l!>, Sloii.
4Í¿0,24ÜII 3(17;) and thut the petition shouid
show, on its lace, the inj iry or error com-
plained of by Iho petitioner. Thai it being
an esparto application, n motion ««ill bu en-
tert iined nn its coining into ii higher Court,
on the ground (list it wns improvidently is-
sued, il not setting out in Ihe petition any
sufficient ground, calling Ibr tho superinten-
dence and control of the higher tribunal.—
In the Stalo of Tennessee, where this pro-
cess is often used, it seem to havo been de-
cided in Henderson vs. Lucky, 2 Tenrv.
! 110, thit lir.it. ce il! be but two gro.irids
conditions on w|ii«ii it svuu vti
rOivivh
T^fuT
it bnd not
lime, or the
il. tlio legialnture ii.
Wo thereforo obscr
tnonl of ii Justice i
brought info the
not subject to Iho
deed iu nnothorpla
bo tried on its nin *
judgment of the
In itio case bolbi
petition hut one ground i
ed of by I ho plaint iff, i
these cases it ought to bu dismissed.
In sumo few ol tlio Stntes, the motion to
dismiss hns boon allowed to her supported
by Dflidavits, und also ullidaviis received tu
sustain tho certiorari; litis is probably whore
some matter of fact is alleged iu die peti-
tion as tho orror complained of by petitioner.
Spa 1 Haver ~80, Chambers vs. Swelt, 1
llnyer «MU, Verrell rs. Tronton, 1 March
438, Ledbottor vs. Lotion, 1 March 184.
The practice would seem to bo scarcely
tolerated, on tho grounds that it would ei-
ther bo productivo of delay, and unnecessa-
ry expenses by tho trial by the jury ol'nn
issue, that if found iigaiust the party seek
ing n certiorari would only result in the
dismissal of his certiorari, whilst if found
in his fhvor, would bo productivo of nothing
to end tho suit, but it would still have to bo
tried as though no motion had been made,
or tho Judgo would decide Ihe question
himsolfon tho nllidavit, which Would bo tut
infringement of tho right of (rial by jury,
on all disputed fuels. In Alabama, they
will not allow tho sufliciency of (ho grounds
set out in dm petition to be questioned in
the Circuit Court, although they hold that
it should shew on tho face the grounds of
complaint, yet thut tho sulJieicncy of them
must bo determined on by tlio Judge who
grants tlio fact lor tho writ, nud that bis de-
cision cannot bo ngain culled in question,
(seo Carey rs. Bruñí 1 S. &. P. 51.) This
does not seem to be a good reason I. r not
lowing ut tlio sufliciency of ihe matter sot
forth in the petition, after it litis been
brought into the Circuit or revising Court,
nor is it cmnilstont with their practico in-
asmuch ns they do havo a motion to dismiss
no injunction Ibr want of equity on tho face
uf (lie bill; ami it is likely iho Courts of
Alabama have been led into that practice
by the uulhority of decisions of other States,
without adverting to tlvisdiljerence in what
is required from tho pelilinirer, b(;firoa writ
of certiorari will ho granted, S«ime of tho
Slates will not decide on tho application un
til a citation h is bocn served on die oppo-
site party. (See Commonwealth ri. Down-
ing, 0 fliass. 72, Loes vs. Child. , 17(h Alass.
351, Johnston vs. Hiiiiiik &. Wright, 138.)
In such cases it is not an espurio proceed-
ing in preserving the writ. Iu Alabama il
is granted without (he other party being
notified ut tho application, or having any
menns to resist il; it is then with (hem es-
sentially nn esparto proceeding. Tlio pe-
tition should, il teems, iu all cuses be ven-
ded by the affidavit of the parly asking tho
writ, and either show some m iller of error
committed by die Justice of tho Peace, rir
should show that from some accident llint
the petitioner could not control, he had not
tnndo the defence before the Justico of ihc
Pence, going to tho merits, lhat ho ronlly
could have tundo but for die reason unsign-
ed. This, it is believed, will bo more fre-
quently tho ground for n certiorari than any
other in this Slate.
Wo havo before observed ill it although
there is much uniformity iu the decisions of
Ilie several Stale Courts, us to tho grounds
on w hich the writ of ccriibrnri should be is-
sued, they aro liir from being unilorin in
practice, iu tlio mode ol tn ing and dispos-
ing of iho cuse, when il has buen so brought
up. In Virginia, and ino>t of iho States!
east, the writ of certiorari is ri gnrdod t;s a
writ of error, and they will not try nny
question of fuel, but only decide the law
arising from tlio matter complained of iu
the petition, nnd this from the return of the
Justice of tlio Peace; nud will dismiss, of
lirin, or remand. In North Carolina, Ten-
nessee mid Alabama, if there is sufficient
grounds lor sustaining die writ shown in
the petition iu which it was awarded, die
cuso is tried on tho merits, (D.-nova Kd-
wards vs. Hall, f> Yergiy 11 WWliculiicli vs.
Wright 4 S. & P, 103.) ■ «
In South Carolina the writ of prohibiu'on
is subsliltiled instead of tho certiorari, and
on the return of tho writ the case is docket-
ed and tried on its merits, differing iu no-
thing from Ihe jirnciice of Ilia tliroo Inst
named States, us lo the mode in which the
case is tried, only differing ill tho writ em-
ployed ii,i br'iigiug up tlio cuse. Wo seo
nothing iu the practico of tIleso Stales lluil
would bo repugnant to our Constitution, al-
ter a ease bus been brought into Iho Dis-
trict Court by n process directly authorized
to bo used iu tho superintendence and con-
trol of mi inferior jurirdieiiiin. Il would
have been competent fur iho Legislature lo
have provided Ibr tho manner in which il
should be tried. This, (hough not provided
for expressly, iu cuso of certiorari, yet hns
clonrly received legislative sanction. Tliu
act of the Legislature directing thai the.
case shall bo carried into the District Court,
by appeal, further provides that it shall be
tried de. novo. We havo decided I hitt die
first is repugnant lo the Constitution, be-
cause an appeal to (he District Court is uoi
a process from that Court nor one of its
Jodges. But it does not follow ns a neces-
sary consequence, that ihe latter provision
should also be void on the ground of iu uu-
conHitutionnlitv. It would seem (hat when
ihc case wus brought Into the District Court
in a legal way, that the provision for Its
triil would then be valid und operad'.'e.—
■km
mishit n vé
liornri, but linvji ..
worked no inj ify, ns
been allowed by tho
beet disinissnd for v
The petition then
grounds fur iho ecrlii
the District CourtMis
boon dismissed, butt
signed by the Couffij
not the reason is ur)d
therefore nllíriu 111
Court below suppo
tlon; but bocnusa
grounds for the utvar
tiorarl.
The Now York Herald tliu
manner in which tho new* yútt r
that city, of iho salct
No sooner wero the gdns of I
ing steamer Africa heard in the <
hundreds, und wo may say I
citizens rushed to ihe Battery nnd la
docks on the North river, fruin tlio i'
the Collins lino of sleuinshipt
Carden, to nsccrtnfn whether th
had been heard-l'rom. They
i/.ed by tho reports of tlio Africa1!
they were tired ono after aitOlher71.„ ,
wnrds of an hour, and many an oyo was
strained in looking far die blue and red
lights—the signals of (ho vessels of ihe
Collins line. At length n steamship was
seen approaching the city from Quarantine;
but the signals which she boro were not
dioso of die Atlantic, or tiny of tho Collin
line. "U tl if this is mil tho Atlantic it
most be tho Alr'tcu, and shn will no doubt
bring some intelligence of tile Atlantic,n
argued tho more intelligent of the nnxlous
multitude. Il was ihe Africa; nnd as she
came up the lay, firing gun after gun, it
will Wieyailr by ¿b*. %
out, that llint vessel would not expend so
much powder to announce her own arrival
only. "It must bo thut the Africa brings
good nows of the Aliunde,or she would not
fire so many guns," said tlio multitude.—
"What cmi it inoan—what Is the object oif
this uncommon firing?" wus the inquiry on
every side; and the responso was, "the
At In nt ic is safe — dm Ailnntic has been
board from." Soon the Africa nppronciiul
lur dock iu Jersey City; but she did not
move half fust enough lo satisfy the impetu-
osity of the thousands who foil ns if every
moment tvns an hour until her arrival..
At length the Africa approached her dock
in Jersey Oily; mid when she got within
liniling distance, one of die oflicurs ascend-
ed die paddle-box, snd w ith his trumpet an-
nounced: "Tho Atlantic is safe—-«lie han
put iuio Cork w ith n broken sliafi.n. A
shout of rejoicing ut once went up which
made Iho welkin ring, which wns continued
for many minutes. During nil the timo the
crowd grew larger, while many or thoee
who heard di/t glad nows ran to tell it to
their families nud friends. The people
secfwbd literally ttiid with excitement; but
there was one who seemed supremely hap-
py. A young woman was among tho first
upon tlio dock, who seemed, inote than all
oilier , anxious for the fate uf the Atlontjc.
She bad n brother on board, who is engaged
as ii fireman; und so great lina been her
nnxicty, tint for severnl days she hae al-
most iilisluined from food. As soon aa the
news was proclaimed, a shriek of joy*
up from thut female, who nt one-
her home, to convey the glad lidll
lo her ngeil mol her, whoso nt
been less than her own. ft i
since such a scene of ¡I
missed in
rank nnd condiii
tookqfjjj
DBATIt i tim
A co.-rcspond
writing from Richmond,'
There died in litis city
Wiii. Myers. Yoii, noi
die nfluir of shooting lloyt, by Myer ,
three or lour yours siuco, on account of ill
conduct of his wife and lloyt. Hoyt^on
his death-bed, protested that-Mrs. My era
nnd himself w ere not guilty of any criminal
intercourse. Bo that us il may, the
justified Myers iu tho shooting of
hut tlicy condemned Iho manner in
it wns done, lloyt, if my memory
me, was fired upon while in bis bed,
own office. Myers, afterwards, obtaii
divorce from his wife, who wassui
married to u mcdie.al gentleman, i
sylvania, where iliey now resi'
1 Mil told, lias led romewha
life since, nud now fills a
prematurely sent Ho)t.
dio with them, say nil.
To Rkmjsdt Wat***
potatoes ure 'watery,' p
Ibro boiling a small piece
will render them perfectly
This is nn easy nnd cheap met!
dying a very common evil, and
season very extensively compf
The liipo should be fresh, nnd
men sized family, say six, the piei
not exceed the size u an English1
m
mm
ST*.;
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The Texian Advocate. (Victoria, Tex.), Vol. 5, No. 40, Ed. 1 Thursday, March 13, 1851, newspaper, March 13, 1851; Victoria, Texas. (https://texashistory.unt.edu/ark:/67531/metapth180361/m1/1/?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.