South-Western American (Austin, Tex.), Vol. 3, No. 53, Ed. 1, Wednesday, June 16, 1852 Page: 2 of 4
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liLii uuii i it litiiBiiimii nmtiuiviiiii
g ? P. Hccorpova. editor.
''""CITY OF AUSTIN WEDNESDAY JUNE 16 1852.
'Jin -t iiniM mi ggg? 'r1 ' ' ' ' ' i
DEMOCRATIC NOMINEES.
u53
For President
GENERAL FBANKLIN PIERCE
OF NEW HAMPSHIRE.
tdtoofr r..
For Vice President
WILLIAM R. KING
OF ALABAMA.
LEMUEL D. EVANS.
.GEO. W.SMYTH
Piesidential Electors
District Electors.
GUY M. BRYAN.
R.S. NEIGHBORS
COMPTROLLER.
' We arc authorized to annoucc JAMES B. SHAW Esq. as a
'Candidate for re-electicu to the Office of Comptroller at the election
-in August 1S52.
t " STATE TREASURER
We are authorized to announce the name of JAMES II. RAY-
MOND Eq as a Candidate for re-election to the office of Treas-
urer at the election in August 1S52.
il ATTORNEY-GENERAL.
. :We are authorized to announce the name of JOHN SAYLESasa candi-
date for the office of Attorney-General at the ensuing August election.
. "We are authorized to announce the name of THOMAS J. JEN-
NINGS as a Candidate for the office of Attorney Geneial for the
.State at the ensuing August election.
i JCSjWc are authorized to announce the Hon. A. I. HAMILTON
of Travis County as a Candidate for Attorney-General of the State
t the ensuing election.
DISTRICT ATTORNEY.
CafWe arc authorized to announce .Alexander II. Chalmers JEsq.
as a Candidate for District Attorney for the Second Judicial District
election in August 1S52.
' DISTRICT SURVEYOR.
We" are authorized to annouuco the name of H. L. UPSHUR as
a Candidate for the office of Distiict Surveyor for this distiict at the
ensuing August electiou.
"We are authorized to announce the name of J. R. PACE as n
Candidate for the office of Distiict Surveyor for this district at the
oasuing August election.
FOR CHIEF JUSTICE.
We are authorized to announce JOHN B. COSTA Esq as a candidate
for Chief Justice of Travis county. Election in August next.
COUNTY CLERK.
We are authorized to announce A. B McGILL 3S a candidate for the
office of Count- Clerk election in August next.
SHERIFF.
We are authorized to announce the name of G. W. SCOTT as a
Candidate for the office of Sheriff of Travis county at the ensuing
August election.
We are authorized to announce the name THOMAS GLAS-
COCK. as a candidate for the office of SheiifF for Travis county at
the cniuing August election.
JUSTICE OF PEACE.
We are authorized to announce the name of THOMAS WARD as a
Candidate for Justice of Peace at the ensuing August election.
FOR COUNTY TREASURER.
We are authorized to announce JAMES M. SWISHER as a candidate
for're-election to the office of County Treasurer at the ensuing August
-election.
(EP"Several of our contemporaries have been kind enough to notice the
advertisement offering tor sale our establishment. Wo beg to return to
them our thanks and also take the present opportunity to correct a slight
mistake that has been made by some. It is not our intention to quit the
State. Texas is quite good enough for us beimg emphatically the coun-
ty for the poor man. But being entrusted with important interests for oth-
ers which will require that we visit various portions of the State wo
would not be able to superintend the conducting of the newspaper.
INDIANOLA BULLETIN. This very valuable paper has not come to
our officeTor the last lour weeks.
changes and we want it.
This is certainty one oi our best ex-
THE CIRCUS AGAIN! By reference to the advertisement of the
Circus Company in another column it will be seen that they will per-
form in this place on the evenings of Thursday and Friday next. Sev-
eral new performers have been added to this company since its exhibi-
tions here last winter all of whom are highly spoken of by the San
Antonio papers. Mad. Ella Nunn is particularly represented to be an
Equestrienne of the first order whose appearance never fails to call
forth universal admiration.
The following
TEXAS BONDS. The Galveston Civillian notices a report which ap-
peared in the New York Tribune to the effect that Messrs. Corcoian &
Riggs had refused to take the bonds adjudicated to them
however is the fact
Messrs. Corcoran & Riggs were informed by the comptrollor that their
bids to the amount of S600.000 "were accepted at the rates of premium
offered exclusive of the interest ichich may be due on the bonds at the time of
Iheir delivery'' and these gentlemen have notified under date of 19th
May the officers of the Stale that they were prepared to make the neces-
sary payments in New York which cil- had been selected by the officers
of the State as the most convenict for them to receive it.
' ANOTHER CANDIDATE. John Sayles esq of Washington county
it' will be seen by reference to the announcement in this days paper has
consented to become a candidate for the office of '' Attorney-General."
He is a gentleman of fine talents well learned in his profession remark-
ably popular where he is known and his views of public policy are in
general right. What his chances are coming out at so late a period we
cannot tell but of his capability and honesty no man need doubt. On
land titles he is on the right side witness his opinion as special judge in
the case of the "State vs. sundry locators on Galveston Island."
jir. aayies nas been induced to come out at the urgent solicitation of
many friends in the east and west. Let them now do their duty.
THE CITY OF AUSTIN.
The city of Austin was selected as the site for the Capitol of the infant
Republic of Texas by the authority of the act of Mth January 1839 by
Albert C. Horton L. P. Cook J. W. Burton Wm. Menifee and Isaac
Campbell commissioners appointed for the purpose. It is immediately
on the eastern bank of the Colorado thirty-five miles by land and per-
haps twice the distance by water above the town of Bastrop which was
established under the Mexican system of giving four leagues to each
town for town purposes. The nearest western settlement was then San
Antonio de Bexar which is about eighty miles a little south of west.
There were at the time no settlements between Austin and Red river a
distance of four hundred miles. And as late as 1842 the traveler from
Clarksville to San Antonio found no house except at Austin. From
Houston to Washington over a distance of sixty miles and from Wash-
ington to Austin one hundred and forty miles over an almost uninhabited
country. From Ausfin to La Vaca bay was one hundred and fifty mile3
with no intervening settlements except Gonzale3 and Victoria ; and from
San Antonio to the Rio Grande the white man's foot rarely ever trod. No
pait of Texas was at the time so well calculated for the concealment of
the Indians as round about Austin and from thence up the Colorado.
The whole population of Texas did not then exceed 40500 of these
four-filths resided east of Austin. General rumor also had if. that the
country was arid and unproductive ; and that the roads for a great part of
the year to the coast would be impassable. It is no wonder then that
the selection at the tini3 was unpopular particularly with officers of the
government who foresaw a deprivation of every comfort continual Indi
an depredations and a stiong temptation to hostile Mexico to make a des
cent at an' time and destroy the nation's capitol. The location could on-
ly have been made upon the principle of extending the settlements fur-
ther westward Austin being regarded as central to the territory not the
population.
The city was laid out early in 1839 ; and the first sale of lots look-place in
August. The several sales of lots 372 in number under the promissory note
system amounted to $170672 64 cents; 221 out lots biought SG9.634 25
cents. The teuns were one-fourth cash the balance on three instalmen ts
So poor were the prospects of the city for a long time that some S60.000
of the cash payments were forfeited to the government and the property
reverted. The sales for specie since the State organization have been
160 city lots for S15.641 75 cents; and 140 outlots for $4614 making
20.255 75 cents; of this none has been forfeited. It should have been
remarked that the area of the tracts sat aside by government contained
seven thousand four hundred and thirty-five and one-fourth acres. The
city plot proper extends from the river north one mile and from Waller
creek to Shoal creek.
There yet remains G42 city lots unsold. Most of the outlots have been
sold. There were reserved for public uses an arsenal and Magazine
square donated to the United Stales by annexation; an University square
of forty acres at the head of Congiess Avenue near the beautiful resi-
dence selected by President Lamar and now owned by General Harney;
Capitol Hill at the head of Congress Avenue; and several of her well lo-
cated public squares.
By a provision in the constitution of the State the people were requiied
to hold an election for the seat of government and the site so chosen was
to continue lobe State'capifal for20 years. Ausfin Washington Hunlsville
Palestine and Tiawaccana were nominated. Austin having received a
majority of the whole vote polled was selected at the first ballot. As
the public buildings were of a very cheap order the election showed
something moie than considerations of economy on the part of the people.
The truth is. as every election has since shown the tide of immigration
was westward; and Austin had already begun to be more central to the
population of the Stale. Time had also proven that the country around
was exceedingly productive.
Since the permanent location of the seat of government the improve-
ments in Austin have corresponded with those of the surrounding country-
and have perhaps equalled any place during fhe same time in the State
except San Antonio and Iudianola.
The city now has about 2000 inhabitants mostly sober industrious and
orderly; four regularly organized churches Baptists Methodists Presby-
terians and Episcopalians; a Masonic Lodge and Chapter; Odd Fellow's
Lodge; and Sons of Temperance; with a fair miscellaneous sprinkliii"-of
unorganized orders ; three schools; three hotels; eight private boarding
houses; and two livery stables for tho accommodation of man and beast;
stores with general assortments "of all sorts of merchandize ; " family
wmyrv : wnjjiiftjees;.oneuperior confectionary.eight jetailiiquor
establishments; Turee billiard fables ; four blacksmiths ; three wagon and
carriage makers ; three tailors; two barbers; two shoe and boot makers;
two silver smiths; one tiuner; a number of industrious mechanics of
other trades; twenty-five lawyers; nine physicians; and last although
not least two printing offices with all the adjuncts of printers devils and
editors. Add to these the various office holders gentlemen of leisure and
their families and the two thousand caii be counted.
The county has increased in a corresponding ratio and is settling rap-
idly wiih an industrious population whose productions heretofore have
been chiefly confined to corn and cotton ; but the present year every spe-
cies of small grain and millet have been found to succeed well. We
may therefore hope that within a few years officers will be able to live
upon their salaries.
The withdrawal of the U. S. troops from Austin has greatly lessened
the expenditure of public money. When the capitol and other public
buildings shall have kbeen completed the expenditure of public money
will be confined to the salaries of officers. Our farmers will therefore
have to seek a different maiket for their surplus products of which there
must soon be an abundance. The demand will however be increased
by the increased immigration and travel.
Still an outlet must be had and the better thinking portion of the com-
munity seem to be convinced that the Colorado river cannot be relied on
for steamboat navigation. We therefore conclude that the prospects of
Austin are neither bright nor gloomy; but the subject is one which may
well be extended to another number.
. POWDER HORN BAYOU. We clip the following notice from the
Indianola Bulletin because of the public interest for a long time felt in
the controversy between La Salle and Powder Horn Bayou. The claim
oh Burnley it is generally known is based on one of De Leon's grants
within the coast leagues. It is alleged by Cook the locator that the land
is beyond the jurisdiction of De Leon's colony.
In 1849 John Henry Brown and others acting under Cook laid ofT a
town where Powder Horn Bayou empties into the gulf; and at a point
about one mile from La Salle. Burnley's persevering agent the "Romu-
lus of La Salle" immediately obtained an injunction mainly on the ground
that fhe building of a rival town would be ruinous to the prospects of La
Salle. This was during the swiftest days of fhe amiable federal judge
and the injunction was sustained and a motion to dissolve on the coming
in of the answer refused.
Brown and his companions feeling that to wait for a final hearing and
an appeal to fhe supreme court would be ruinous abandoned their enter-
prise and permitted a decree to be rendered against them. Cook refused
to respect the decree and was brought before the court for a contempt
when the whole grounds of the case were reargued and the judge
refused the attachment or to extend the injunction to Cook.
Whether this decision caused the editor of the Republic and his perse-
vering agent to lose confidence in their particular friend Judge Watrous
or not. we do not know; but they soon afterwards applied to Judge Buck-
ly in vacation owing to the consanguinity of Judge F. Jones to one of
the parties and obtained an injunction against the enterprising founders
of the town of Powder Horn Bayou The cause was transferred to Har-
ris county where the injunction has been dissolved and the bill dismissed.
We tiust that these successive decisions by the federal and State courtsj
will give such confidence in the title lo the property as to ensure the suc-
cess of the town.
The point is moie popular as the lower terminus of theJSan Antonio
and Gulf Railroad than any other and should it be selected its superior
advantages mint soon cause a concentration of the business of Matagor-
da bay at Powder Horn Bayou or lower Indianola.
The growth of the towns upon Matagorda bay in common with many
other sections of the country has been greatly retarded by protracted lit-
igations: "By this arrival we are pleased to learn that the district court of Hous-
ton Judge Buckley presiding have dissolved and dismissed the injunction
heretofore granted iu favor of Albert T. Bunley and Levi Jones against.
Wm. M. Cook JosiahW.Baldride Datiiel P. Sparks. Joseph H.Baldridge
and Solomon G. Cunningham restraining improvements at Powder Horn
Bayou. The last named parties gained tho suit with a decree for all
costs in the case The district court of the United States had previously
adjudicated the course audieusato grant an injunction inthesamecaes..
The following is the decree in this case :
The State or Texas District Court of Harris County A.T.Burn-
ley and Levi Jones vs. William M. Cook ct. al. This day came the par-
ties aforesaid by their attorneys and the motion herein filed to dissolve
the injunction herein granted and dismiss the bill having been submitted
fo the caurf after due consideration thereof it is considered ordered ad-
judged and decreed by the court that the injunction in this case be dis-
solve! and the bill dismissed and that Wm. M. Cook Jos. H. Baldridge
Josiah W. Baldridge Sparks Chipman and Solomon Cunningham the de-
fendants in the injunction have and recover of the plaintiffs Albert T.
Burnley and Levi Jones and their securities Henry B. Martin and Michel
B. Menard all costs in and about this suit sustained and expended for
which execufion may issue.
I Francis R. Lubbock clerk of the district court in and for the connly
of Harris do hereby certify that the foregoing is a true copy from the
minutes of Harris county district court of May 28 A. D.. 1852.
Given under my hand seal of the court at my office in the-city of
Houston this 29th day of May A. D 1852. ' F. R. LUBBOCK
Clerk B. C. Harris county.
02P-A very important opinion delivered by fhe U. S. Supreme Conrt
will be found on fhe 4th page. Parlies interested in judgments obtaine'd
against absent parties through publication will do well to read it.
THE HUNTSV1LLE ITEM says that siuce the late decision of fhe
supreme court favorable fo the" bank several towns in the interior are
anxious to get branches. Not so fast friend Item ; the case was dismissed
because-the petition filed was defective. Under a new rule adopted by
the supreme court at the Tyler session not to go beyond the matter legiti-
mately before them the court expressed no opinion on the constitutional-it-
of the charter but directed the Attorney-General's "locum fenens"
to bring another action in the district court. This part is rathcrlaugha-
ble because the Attorney-General and his partner Mr. Hale who repre-
sented that functionary at Tyler are the counsel of the bank and the pre-
"aoht AttorHcyCsncKrl-tflao-cfrttecl-thp ease against the Slate but didnot
deduct any of his salary for that quarter he therefore got paid on both
sides of the question.
The Item winds up his article with the following questionable compli-
ment But perhaps fhe directors may take a notion in favor of Huntsville
without any expression of opinion by our citizens; and in that case the
stories of the " Collins Axes" in place of specie and'various other amus-
ing jokes will be speedily buried "in the tomb of all the Capulets" and
Walker county will take to the paper representative of Tom Benton like
a sick kitten to a hot brick. So mote it be ! '
And like the kitten who would hug a "hot brick" the people who fake
these shin plasters are very likely to get severely buint. Filty-four thou-
sand dollars of the capital being represented by as many acres of Nueces
land worth about as many cenU.
WHO IS HE 1 Don Cresar writing from Baltimore to the Picayune
says one of the Texas Delegates who wears a white beaver hat with a
ten inch rim to it atlracfifas" great attention as the hero of San Jacinto
does with his white neck cloth and eccentric apparel.
THE NOMINEES. From the New Orleans Picayune.
THE NOMINATIONS.
We must'eontent ourselves to-day with expressing our ontiro safisfaction
with the nominations for President and Vice-President by the Baltimore
Convention. Had Col. King who has served longer in fhe United States
Senate than any other man ever did and who is known to all public mon
been the nominee for the first office we might have received it in com-
mon with the Southern people with still greater satisfaction. But the in-
scrutable vrisdom of Divine Providence has awakened the nation to the
con victibrt' that the Vice-Presidency is no less important than the Presi-
dency. His name will therefore secure the entire support of his friends
who are the whole Democracy of the country.
Against Pierce there can be no objection urged. He is a Democrat of
the granite State and granite order. He never wavered; his'State has
never wavered from correct principles. About him there is no humbug
We should have prefered Gen. Housfon; but he like others brought
before the Convention had excited too much jealousy for success. The
fact that Gen. Pierce w.as selected on the 49th balloting proves that no
one of the regular candidates could be nomiuated.
The Democracy are a party governed by principles principles which
'forever separate them from the exclusives under every guise. As the peo-
ple they will support the people's candidate. We of the people run up
their nominee.
GEN. F. L. HATCH and family left our town (says the Huntsville
Item) in company with about thirty others mostly from Polk county to
try an overland trip to California. The general was our representative in
the legislature and a most efficient member he made. He has a hHi
order oi taleut and we sincerely hope he may be duly appreciated bv
our citizens in the golden land. A lawyer by profession he was noted for
it .i 7 i i ""'-ess nau iie remameu in iexas Keeping in
view the truthful adage that "a tolling stone gathers no moss" have ar-
rived speedily among the leaders in the law. He leaves with the regrets
of all that knew him and we trust his future career in the new State to-
wards which he is now wending his way may leave him no cause of self-
regret for the step he has taken.
We endorse every word of the above and do sincerely hope that Gen.
'Hatcn will meet with all the success he himself hopes for. The general
took a distinguished stand in the legislature at its last session and we be-
lieve won the esteem of all of his brother members and we doubt not
that ho will soon become a proninet citizen of fhe "Eureka State."
KF8 His Excellency the Governor has issued his Proclamation for the
election of all State and county officers whose term may expire this year.
THE PETERS1 COLONY LAW.
In our frequent notice of this subject we do not wish to be understood
as the advocates of this company known as fhe "Louisville Texas Land
and Emigration Company." But as a friend of justice wb feel it to bo
our duly to defend tho last legislature and the governor against illiberal
and unjust attacks.
In noticing the proceedings of the Springfield meeting the Texas Re-
publican falls info several errors which as the editor expresses a willing-
ness to correct them we will point them out.
The Republican falls into the error that the ordinance is a part of the
constitution. This is not so as will be seen by reference to the Journals
of the convention. It may be fairly said that it was on this ground more
than any other that the suit against the contractors for the forfeiture of
their charter was never prosecuted to a trial. The counsel of the con-
tractors always stood ready to try that cause upon the merits. And eight
months before the legislature met Judge Martin advised the district at-
torney to dismiss tho suit as its prosecution would only result in injury to
the Stale-
Again even if the ordinance were a part of the constitution the legis-
lature are only restrained from "relieving any contractor from the failure
of conditions or the forfeiture accruing from mos-compliancc with fhe con-
tract." The law of 1852 is no violation of this supposed inhibition.
The State through her commissioners and tho contractors proved the
performance of every condition to the satisfaction of the largest joint
committee ever raised in Texas; proof which entitled the contractors to
over two-thirds of 1700 sections of laud. The excess not "double" was
given to them because the Legislature of 1850 had already given the
colonists the lands to which the contractors were entitled. If persons
proved themselves to be colonists before Commissioner Ward who were
not legally such every law on the subject declares their titles to be void.
They are no better than patents obtained on any other fraudulent land
certificates. The land which the contractors get are not half so valuable
as iuose mey give up; ana very heavy additional expenses are imposed
upon them.
As to shutting up that section of country from locations for two years
that is no fault of the contractors. They proposed fo receive certificates
for 1700 sections and to locate them any where in the State. The ene.
mies to locations generally amended the bill and confined them to the"
colony and to enable them to get some land they gave them two years
to make their selections. This may be found in the end to be beneficial
to the State. As to the Rio Grande bill we have said hard things about it
ourselves. But the contractors of Peters' Cnlnnv Hp;. w. cff :.. : I
gation which the republican calls for. They arc always willing to have
their rights tested by the proof.
spring
Folic.
When Jam73 K. Polk was nominated in 1844 to accomplish nearly the
same objects in similar difficulties the first inquiry was ' Who is James
K. Polk.'" The similar query meets us at every corner now. "Who is
Franklin Pieice?"
We think it lucky that there can be no attempt to prove him the off-
ring of a revolutionary Tory as happened to the descendant of Ezekiel
ilk. Mr. Pierce is the son of Gen. Beniamin Pierce of Naw ilmnnihirp
a soldier of distinction in the war of 1776 and several times Governor of
New Hamphshire. His own career is not marked by any very Ion"- or
very distinguished public services. He served for several Congresses in
the U. S. House of Representatives from the State of New Hampshire
and was Senator in Congress for five years enjoying all that time very
high esfeem as an able and discreet Senator noted more for the solidity
and soundness of his opinions and course than any display of genius or
oratory although a pleasant and logical speakpr. s
He resigned his seat in March 1842 and returned fo private life hav-
ing taken a decided part in all the controversies upon the questions that
divided parties during the administrations of Jackson and Van Buren
and the extra session of the administration of Tyler. The records of"
Congress will show his position on all these points and they will doubtless
be thoroughly searched by friend and foe. If he has ever uttered a word
or given a vote which can be quoted to his praise or for censure it Is sure
to come out. But we aie very sure that nothing will be found to impeach
his party fidelity. He has been as thorough apartv man of the Baltimore
Conventions school as James K. Polk himself.
Gen. Pierce acquired his title of general in the Mexican war. havin"
been appointed by Mr. Polk one of the new brigadiers. Since h'is return
"Ti c7P ?' -aS dec 1"ed1 Political station anil when nominat-
ed by the State Convention as the choice of New Hampshire for the Pre-
sidency wrote a letter disclaiming any pretensions to that hi-h station
For many past years he has expressed a marked reluctance to" do any but
a privates duty in political matters; but we suppose him lo be not with-
out sufficient ambition to accept the honor which his party has conferred
upon him so unexpectedly. His talents are quite equal to the discharge
oi its duties and personally he enjoys the reputation of an honorable and.
unimpeached gentleman. .
On the slave questions of the day his position if we infer from his an-
tecedents is such as will satisfy his Southern supporters. When in Con-
gress he uniformly discountenanced anti-slavery agitations: and the last
time we remember him in public was at the Democratic State Conven-
tion last year where he took the lead in discarding the candidate previ-
ously normnfitpihpfniKir. nftnr -:.: i ?-..- .."..
; " . iujj me miminaiion ne nad nem a
doubtful correspondence with Free Soilers courting their support. We
have no doubt that he will be shown to be a decided upholcler of the
compromise laws iu all their vi-mr.
ln?a7VVil-1nriTke C?re-t Set ths Prof- For ourselves we have no
rnnvnn i T11"'.!1' " ttmi Jt wU1 imP0Se UP Whig
Convention which meets on the 16th the political necessity of making
as clear a demonstration for their candidate.
Col Win. R. King of Alabama who has been nomiuated for the Vice
Presidency is one oi the most popular citizens of the South. A very de-
uded politician he has nevertheless through a long political career
secured universal esteem for the dignity of his deportmentand the enlight-
ened moderation of his course. During the late exciting controversies on
the slavery questions although of unsuspected soundness in his opinions
as a bouthern statesman and a large planter he exercisedfgreat influ-
ence in modifying and restraining the action of tho Secessionists and in
quieting the excitements upon that subject. Men of all parties have per-
fect respect for Wm. R. Kin"-.
A Cheap Power Press. The Woscester (Mass.) Transcript-is now
pnnted on a new power press of simple and ingenious construction lately
invented in that city by Dr. Hawes one of the most competent of practi-
cal mechanics. It prints 2000 an hour is propelled by one man and cost
about S600. It takes but one person to feed it delivers tho papers itself
and docs not occupy as much room as an ordinary press.
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de Cordova, P. South-Western American (Austin, Tex.), Vol. 3, No. 53, Ed. 1, Wednesday, June 16, 1852, newspaper, June 16, 1852; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth79727/m1/2/?q=Lamar+University: accessed June 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.