State Gazette. (Austin, Tex.), Vol. 7, No. 22, Ed. 1, Saturday, January 19, 1856 Page: 3 of 4
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-Tfcatwbstit-il wa accepted by Sir. CfesriUm.
"Hr. Saxxes &- If I conrctlj oa4erslsa
tie o'ect of ttii bili I tw oppottA t it Uaier
U nroriiloM. thoia who hare cettied span the
igjfic inai rcserrsiiM ince the jwwsgp of
itfe a- tciibimrisf that -sortios of the pabtc
'4ete&i from locstlea sad cctry are permitted to
trail tfewswlres of theprortsIoM of the pre-esp
-ties kws to m fall aa extent. m tbf j cobW hare
dese hM tcer tetaed ttpoa the rcciat tan map-
rtmMiee. TrSfrlie dostsis.
'rem tk ira thai bt2r of land comprised
wltHa thelialU ef the raerr-tiioa wa trithdrswn
frets loettSeB wd set apart tad dedicated to a
A. X Wl .. lava -asVlll -s-ft-----at--.-
-sett taportSE esicrprue. iMwwiuuituMua
bob the natata hook tmrcpealed. Nor do the
tfricBltof tfciiWH fttk for Iti repeal ; hot arge iu
la tiolttios of law in violation of the cettled po-
Xtsj&T the State to reward and encourage thote
. -r)to Jbsre tsnpled upon it provision. Hon-
5redofperoaothaTfag the plea of Ignorance
" to urge aa as cxcoie toowinj; that they bad no
' richtnader the law to a pre-emption claim or
Tea to fettle within the reservation hare gone
" there aad cow aak to be protected ia their tor-
toa occupation of the renrrcd land. If we in-
feed to adhere to the poller b-turtr adopted
of eosTertiag ocx public da u.i ilt'r iBto&tpe-
ciil or general Internal ioirirtrat fcad en
croaehaeata of this character shoold he resitted
at the outset.
Be idea the State there it a larre cl&u of citi-
zcsi intcreiied ia thi question I refer to the
. holira of certificate for land; they too br
t feat lew were prohibited from appropriating land
brlocatioBf within the liralti of the reterration.
Xbcj hare sot mado inch locations or if they
hare thii Igitlatnre U not tiled to validate
- each locations ; and I Tentare to lay that if they
"tsosld come here asking any thing of the tort
they would be hooted out of tbic Houte.
3?ow. rdoM thU clati nowaiking relief ocenpy
" afl higher or better position or hai it any atrong--
' er claim noon oar sympathies than the holder
ofheadrihtcertificateiorboantyland-arranttT
Tfce former data it composed of recent emigrant
attracted here by the fertility of oar toil and the
aalabrity of onr climate they entered the reserve
bordered upon the Korth and South by dense tet-
$ tlesteni telected the portions of the territory
(farther had the monopoly of it) at a time when
" U was enpposed iti value would shortly bo cn-
hanced tea fold by the construction of the Pacific
. railroad and cow ntarping to themselves the no-
rlit of fronUertmen and pioneers demand as a
iight the privilege which has been and will be
Sealed to the old citizens of Texas who in fact
hare been its frontiersmen and pioneers and who
can present au tutur cerauc-uec lor land some
HOUSK? JJEBBESENTATITES. '
' "JC5saAV2)ec.4lS35.
PAT OP I "DECEASED ilBMBER.
A retK mrclatioatoihe per par f
the late J'. C. Harrison d?ceauui being before
the Hoase after some demltory ditGassian
Mr. Ecroa said : I mut say that I am sur-
prised that tjw private affairs ef the deceased
snoald have been dragged fcefre this House I
regmexeeedinsly that it has brea done. This is
out of tuseawi tlace. A better man than the
deceased I believe never drew the breath of life.
Respect for his memorr and a oropcr rezard for
the feelings of hts family certainly would indi-
cate to us that we oaght to put a stop to the di-
rection the debate has taiea. If there are any
persons who hare claims against the estate of the
deceased from whatl know of the characterand
condition of those who will most probably be
called upon to look to bis affairs I am f a&Sed no
lots will be sustained by them. What amonntis
concluded shall be drawn from our treasury it
does appear ia charity and justice should go di-
rectly to his widow. "We should cot assume the :
nrormce of settling the claims arainst the estate.
Mr. Speaker I call for the previous question.
The main question was ordered and the reso-
lution adopted.
After some other business had been disposed
of
ilr.TiKVER said: I rise to appeal to the
rvmuatbv and sense of justice of this House. I
-voted with others in the majorityin the adoption
of the resolution relative to the pay of 'the Hon.
Joseph C. Harrison late member from the coun-
ty of Cherokee and I wish now to move a recon-
sideratioa of the action of the House in relation
to that subject. I do It for the purpose of offer-
mg a resolution that his pay be computed to the
end of the present session of the Legislature.
In making this motioa.I may bepermltted to
say that perhaps I have known Sir. Harrison for a
longer period than any other gentleman here.
He resided for many years In our county and was
loved cndanoreciated br all who knew him.
rle was sent nere oy ice peopie 01 me dmrnct
In which he last resided as their representative
upon this floor He has incurred the expense of
a canvass and as we are told waa compelled to
borrow money to defray his expenses here. He
has necessarily incurred the expense of medical
attcfidanco while hpre and has now paid the last
debt of nature and gone to "that hourno from
whence n traveler returns.'" And he has left
as I am infurmsd his family poor cud in a desti
tute condition
- - trac... w -?v--T
our charity I .hall be obliged to Totesgainitit'ltacitisoccarlagaWtae lashejof third par4
I will Ute another reason. I bare been in- Ifes to give them notice oftheirrightsaadt pros-.
jl4MWU fcJ & JIWWtMVtv qvmhi. w wvwy
who has -served la the Consccsa and Legislature
of Texas for iho last seveflfficn years that this is
j the fiKticstance of the kind within his knowledge.
And it would seem to rae tnat the aoppuoa of such
a coarse In the case of "Mr. H&pient wouId be
reflecting somewhat apoa other iBwttrioua gentle-
According to a principle whieh has been adop-
ted by the Congress ufthe United States and oth-
eti&enee of their services. Sir. I do not desire to
J slepreclate the character of that population or
ri&a au vantages resulting iromtneir immigration;
. but we have been tufficientlr liberal more so than
iha covernment of the United States or any of
ut Btates 01 mis union iney uave nau tiie pri-
vilege of selecting land and securing homes for a
Caere trifle ic our unappropriated public domain ;
. I tm sot willing to give them exclusive privile-
set la the reservation comprising as it does the
best portion of our public domain. If one class
. Is to be protected in the open violation of law
k icxieiMs mat protection to an u toe law is to be a
. dead letter don't make it a shield to one and a
-sword to another.
J4r. TmioCKlOR.TO.v aaid: The gentleman
from WasbIngton(3Ir. SaylcsJ set out with a very
wronff proposition and especially in the presurap-
tionthat every settler within the reservation set-
"lled there In violation to law. I state here of my
own knowledge that such Is not the fact. I will
. also remark that I do not represent one tingle in-
4 dlridcal who has settled within the reserve.
ft one of xuy constituents can be benefitted by the
passage of the bill. But I am a neighbor to these
settlers and it is my honest conviction that nine
tenths of them settled before the reservation. It
is urged by gentlemen that we are doing great
- injustice to the certificate holder and wo are le-
gislating In favor of violators of the law In the
passage of this bill Now sir I appeal to every
.member upoa this floor if it is right that we
should place the speculator with his thousands of
acres of certificates upou an equal footing with
the raea who have settled upoa the retervo ia
good faith. The speculator has no Interest in
common with the country His objoct is to lo-
ata the lend and tie it up from settlement and
cultivation until the Taluo of lands increase and
.. he can tell at a high price. It is purely a matter
ci ooiiars ana cents wiin mm ; on the contrary
how Is it with the settler? Why he settles up-
on the land builds up a cabin opens a farm and
extends the frontier and encourages others to
come. His Tory presence there makes the ad.
Joining lands more valuable. The locator pre-
treats the settlement of the country and does not
by hit location contribute ia enhancing the value
6f tno adjacent lands. The settler does; and if
we Mould keep up the reservation his presence
andtettlement givet an increased value to the
ether lands that may be sold or kept reserved for
internal improvement purposes : therefore sir I
tayJtU rack injustice in this instance to claim
thmthe locator should be placed upon an equal
footing with the pre-emptionist. If the land cer-
tificates were in the hands of the original grantees
who received them for services rendered it would
be another thlag. But sir it is notorious that
cot one eerancate in tea is in the hands of the
original holder; those certificates have long since
pitted iotethehaadsof men who have speculated
upoa the wants and necessities of tho old soldiers
and settlers of Texas. Hany of these claims for
land are la the hands of persons living in New
Yerk New Orleans and other places. Certifi-
cates have been purchased by the thousand by
non-retldcnte aad held lAck until men more da-
ring and prompted by other motives come here
aad protect and settle the country; bnt now that
the public domiaa is getting more valuable it is
dem&3 that we shall not legislate ia favor of
the honcsieitiMB settler without legislating for
theahtiso.
SliTI represent two of the largest land districts
iaihe State one of which goes into the reserva-
tioa"to tmae extent; and I claim to know some-
thlagof what is going on there and what is intend
td should the reservation bo repealed. I know
air that speculators ere there eacerly expectine
pe repeal of this rwervation; they have their
certificate! ready and their agents and lawyers
employed to locate or file them the moment it is
S pealed. It f i ant only so In those districts but
ctcit other la the State.
AglaIaskif it is rijratthatyou should place the
Individual who is absolutely a benefit to the coun-
try by his tettlement and cultivatioa of the soil
ri the same looting with Ok greedy land-shark
has ao interest h-re in common with the p'eo-
geofTexaa. I think not sir. Tomyownknow-
3geTaany of the persons who will be relieved
by this bill have the past season hauled their
proTistOfit seventy-Eve and one hundred miles.
Besides tb!t"they have had to maintain themselves
U98c ft frontier every way exposed to a blood-ul-tty
aad treacherous foe: yet sir thev hsve
a&fcttalned their position ; and cow at this day
ia this body composed of the representative of
the people of Texas became there is a cry ofin-
Jastice to the land lacator raised these people are
to bo denied the same charity that has alwavs
hitherto been granted to our citizens.
Now air I place the merits of this bill upon
4ber groand. That it is absolutely a benefit to
the reservation and a benefit to the future pros-
pectt of iatersal Improvements. If we desire to
ke p the reservation for the benefit of railroads
iaT8orfor the benefitofthe Pacific rulroad
I It Apt clear that these very settlement will
e the reiBeff the lands more valuable
tasrwfcetf Uroafcfct iato Market canse them to be
ff afer xsath sr avidity by purchasers
iu IT tte whole reentry wat a wilderness t It
is M ekar iy ttiad as the Jjoca-Say'e sun that
suesnresHbetBecate.
4jalst sir woald et these very settlers have
Jtwftthe wlyiertfee eseoHrageufcistof a xail-
rasi fey ftir MttiemeRt bb cultivation of the
s! fcfcvfog redacts to tarry to marked iwees-
ttttfet feve fe retwa. 3 previsions to sup-
ply epCTatofMB fee reaa when &ge "With-
otfs &wH1wtsksM be ite resale. BatiirJ
tiritfa1teaatherTar?iperfaBtaBa
to asraiisA. fctaesi eaaekKiv rfeasen. It is this i nut nerhaos that of destitution lmfc ni nnr.rf r
aasl i-ask f .var frle3 f iatcxsal tHiBrove-1 f eabarrsssmeat. The trifim'ff nltLitiee- nrano.
fsjabjlT?iMitwsii there k severally deep & by the resoluticn will hardly cover the ex"-
wHfjs"ibls6iKe llieiRaglraat: the Stale tipsa PworjMlwtjllaej the expense of coming
er legislative bodies it it right and proper that
bit family sbuuld receive his pay until the end ol
tho jvoscnt session. Such a course was adopted
in relation to the widow of Gen. Harrison the
widow of President Taj lor ami similar case's.
And lam informed it is tho rule in the case of
Senators and Representatives In the United
btates Congress who die during the session.
It Is a matter of small momeat to this Legis-
lature and to the country but it might be of great
importance to ms iestuutonud poverty-stricken
family that they should receive the amount to
which he would have ben entitled had his life
been spared.
I hope there will be no objection to therecon-
iteration. The vote was reconsidered and Mr.Tarvcr of-
fered bu amendment to the resolution :
"The pay of the late Joseph C. Harrison shallbt
eomputedandpatdtoUieenJpf Ute present session
of the Legislature"
.Mr. Cleveland of Liberty said : It does
occur to me that this proposition comes more pro
perly unuer me neau 01 nn appropriation and as
such would require tho joint action of L0th
Houses and tho sieiictureot tho Governor.
I will remark whilst I am on the floor that I
am opposed to this amendment upon principle.
I can see no good reason why such ti thing should
bo done.
It may bo true nnd I do no: doubt that ifr.
Harrison was an estimable man. I know that all
who speak of him form a high estimate of his
talents as a legislator and his worth as a man.
His family have our best sympathies. Tho mem-
bers of this Legislature as individuals would do
all in theit power to alleviate their bereavements;
but I do not think this the appropriate manner
of doing that
It is proposed to compute tho pay of the deceas
ed till tho end of tho session 1 ask gentlemen if
tne principle is neat? l asic teem it thevare
willing that this Legislature shall set Buck a pre-
cedent to be followed in all time to come 1 I sec
no reason for it. If you go to tho real justice of
the thing to the legality of it to the right of it I
say that it clearly cannot bo maintained. Aud to
Sut it up in tho other plea as an act of charity I
o not think this the propor way of bestowing it.
If the object 13 to bestow a gratuity upon the
laraiiy ot .air. mrrison let us ao it as a gratuity
but not by a resolution authorising payment for
services never rendered.
So far as regards the appeal to the feeling of
members. I will say thatrl sympathise perhaps as
much with tho bereaved family of our late fellow
member as any of those who did not know him
except by reputation as any member of this
House. But 1 cannot for my life see n reason for
making an appropriation of this character. It in-
volves the principle that all members in case of
death shall be paid for tho full term ef service for
which they have been elected. I don't seo the
propriety or tho good sense of such a rule. It
docs occur to me that to adopt it would be strain-
ing a point to say tho least of it.
I do not doubt that this Legislature is composed
of men of generous hearts or that their feelings
are oxcitei upon this occasion. It would be
strange were ft otherwise. But wc are dealing
with the public fund of the State and not with our
own. It is not into our own pockets that we pro-
pose to thrust cur hands.
I care not if it is fifty dollars or five thousand
I shall oppose nn appropriation of this character.
And I do hops the House will not adopt the
amendment or 'fit is adopted the resolution will
not carry
It is setting an unwhplesome precedent and one
that I always under any circumstances Bhould
feel unwilling to vote for.
Jlr. TaR-veh: I do not thiuk there is any danger
to be apprehended irom adopting the principle of
that amendment. This is too serious a subject to
jest upon and it cannot be suppqscd that any man
for the sake of the little amount of oay he would
be entitled to would be inclined to dteand there-
by defraud the State of his services. The induce-
ment. I think wjuW hardly be sufficient
This occurs to mens a matter of simple justice.
Expenses had io be incurred during the canvass
in coming here and m the last mortal sickness of
him who has departed from onr midst And I ask
any member if it is uota matter of simple justice
not alone of sympathy or generosity to lis fam-
ily to place him upon an equal footing with those
oi us who are still here.
I admit that the services have not been render-
ed to the State. But why have they not been
rendered? Has it been the fault of the party!
Oh no Mr. Speaker but he has an excuse which
iiiust be held good in law nud equity in all time
past and to come it has been by tho act of God
that he has been hindered from rendering those
services.
The amount is nothing to the State. It cannot
set anv dangerous precedent And will it not ad
dress Uselfto the generosity the sympathy and
the sense of justice ol evexy member of thisHonse
that we at least should do this much fur the bene-
fit of him who ha3 left us T
Admitting all the responsibility that we should
properly feel in disposing of the money of tho
State I do not conceive this Is any misapplication
of that fund
It is proper it is right. And a sense of j ustico
and a sympathy in the community will sustain tho
legislature in this action. We have the precedent
of the Congress of the UnitedStates upon at least
two occasions. That wassustainedin one instance
by parsons violently opposed to the President
whose widow was voted a year's salary. It was
sustaiaed liberally. Anda'canse no harm my-
self that can possibly result Irom if.
wo tiiDUKl loon at the condition of Ins Jamily
mca who hare gone before him whom we .now
propose to distinguish la this manner. I would
instance amosg others General Burleson the
hero fa hundred battles and & man who enjoyed
the respect and esteem of bis fellow-chlzeas to
at great an extent as icwt men who have been
Boaored with their coufidonce. No appropriation
of Ms kind was made or proposed nbea he died.
beinz then a member of the Senate of Texas.
Azain. fir I wculd say that I voted for the re-
futation proposing to make up this amount among
the inerawr ot tae House lint i thai vote
ugafast appropriating the peonle'sinoney.for it is
So- v
iir. Muucfi.: I would ask the indulgence of
tho House to explain in a few words mv position
upon this question.
Whilst I would guard with as much care as any
gentleman on this floor the thousand avenues to
the "public treasury jet I must say that if the
statement of the gentleman who last addressed
the House i correct ami I do not doubtitit is a
matter of which I know nothing) that It has not
been customary heretofore to rive the full oavflfi
a me .nber to tue man who has died in this iroimf'
as a uember then I think that the adoption of
the proposed amendment instead of being a re-
Section upon tboe who have gone before is a re-
flection upon ibis House ami the State ailarge.
Nearly every State in the Union as must be
well known lo the member of thi3 House has
Iong.smce settled it as a precedent It is settled
almost as a fundamental law in some of the States.
And we have illustrious examples in the cases of
the two gentlemen who have been alluded to who
died in the discharge of their duties at the head
of the American confederacy. And there is a
very good reason too for this provision that
wnen a incniDcr iuiu.ny us cues ms pay snail go en
to the ead of the term of engagement. One rea-
son for it is this: Although a man may bo humble
in his means he may yet be high in his talents
and all that can qualify him to representhis fellow-
citizens in a legislative body like this. And no
such man should bo deterred from offering him-
self as a candidate for the suffrages of tho people
by the consideration that if lie should be so unfor
tunate as to die in the performance of his duties
as a legislator his poverty and the destitution of
his fauiiljr will be discussed in that body aud the
question in relation to his pay treated as the pe-
iiuon ui a ucgj;ui. aur suuuiu ever uc tne case
that gentlemen of the Legislature should presume
to say in relation to such a man we will grant to
him we will g ire to htm we will donate to him
as though he were a beggar. Ho is not hero to
answer for hitnBelf; and it should bo the pride of
tbe House never to impose such a necessity upon
its members never to pain the feelincs of a bp.
reared family by the discussion of such topics.
Spare the widow and orphan the humility spare
our hearts the pain spare ourselves the shame
and spare the pride of this noble State!
In this very Instance and though we hopo it
may not occur ogaju jei ii mijjnt several times
ecntethera but not in&U time to came u ieave resa why witSJlacsri' ad miaow are ex
ice uccniwusui aacerwuncr. ietas save aiHW mist I row-its nrominn w mvwin- .m
that will fflVejbim sneedflv his riefats.
Here is aa act defining the marital right oinaiv
ties. Section J. Art2ttO ; Bo At aacied h
the legislature the State of Texas That ef e?
female under an; of twUntv-oae vein whn W
marry la accordance with the Jaws of tha State
man irom csaaiter tne time ot saca marraae
bedeemed to beof full age anl shall have all the
rights and privileges: to which she wquld have
keen entitled had she bir. atih'fl tim nfK-r-
marriage of foil ageJ1
att-x-kj. -iie it further enaeteJ That all
property otn real anttrtereonal. of fiiA l.n-imru?
owned and claimed hr Mm before marriage and
thafcrxqulred afterwards by gift devise or de
ciiu uiouu me mereas m mi imu n- c.
jrhusacquiredshallbehitseperateproscrty All
r.yitj wui fou. am personal oi the wife
owned aad claimed by her before marriage and
tiataiquireilanerwardsby gifr. devise orde-
Bceniy3saiioxnein2creaeofal land or slaver
urn acquirer snail ue the scperafe prepertv of
the wife : Provided during the martiW the"
all
-cepfefros the previsions of the statute Idiots inT
sane persoas. minors ana feme covrta. Tfcp
husband shall hare tbe sole management 'of
I hold that'thit amendment is very -appropriate
when taken w conncet'oa with this statute
regulating marital rights. Now the parrv who
may wish to institute a suit for tberecoven- of
before our final adjournment Mr. Harrison has
incurred an expense that might reduce his family
to the acknowledgment of their destitution nn tho
floor of this House or involve the non-poment of
medical gentlemen wno iiave extended their pro-
fessional services to our departed friend.
Such u provision for cases like this should ba'
as permanent aa tho fundamental law of tho go-
vernment. It seems to me its rejection would bo
unworthy of tho magnanimity which should dis-
tinguish this House and tho Legislature of Texas.
This body should take a stand in this compara-
tively unimportant matter as it has on many
greater questions as high as tliat or tho Legisla-
lature of any State in the Union and should not
bo behind the General Government itself. It
pains ms to see gentlemen taking thoposition they
have. It is beneath the dignity of this body. I
vote Aye.
to tjaastfatiof Tastmfe ca!iiU faraectedof fceresiLIdabarial.
iWt tnJIsJataic.Sgge ifesoeiklMr Tsbatwia fee alike
St$talle Htrtelf ee fcsl i fee State. Hew j
then w Wt few fek swat latere;?
Whftsk I HbUk ene T e jwitest tcw of
raeMK'trgr efeJicf. ih wOsjmw f Sis
memttOK wt f wife's to areata m iaietwtl
ittftTBTwaet fttfeg -mi S Teifeik raBre& eoatf-
seirMpwitmjeiwi9JiHwai
-' WW.. wyTOW W .. .'..'H. VU I VW .KU .V. "
fSMStV.
1Sl!s4'wm apwla-fcefc83 feeling
-u.
ftSWtiafrora:i3berlyf3Iri Cleveiasd)
ao is jwspswise tewe K"wrwyrro
It vm Wiary-pfortlJ
mHtviEtRfii tn. :r. swnawtimtQ .-
nids.
Sbranl
It issaeot "5&? -alhiei
TSEX&sgEssmm
m iistJiMipiv r -r'rv ssi mi m ! i imm
' w s. - .v - o vania
4t-sv iia ..r .s. ..iv.3D Ttf- sri&ntl AJUiriiiBmUlOB. l
nsaiwvjfttttjj. t)iui9USW iiVi HI VtkiJMRnPh JJ Z . 'V' kT Tt X.
wrssjrtitifcs4wet lRlirwe5ta a " ""'"? Sf
frmmti listonri imrejeaeak .a wrlsl lS?9& WgSa&fi1
vmr: -m . . . u A .V. 1 -.S7 .eWOQBlfKll- MT tlttVt HW1II1THMP
i iCTHggf ttwwiafci . M3iw; tn y" Z l IJl '
memv&ywmiKwsti Mwaw-pg... .i'
Mr. UUtaii'! "II WWIP t. JiVRfV w
mm h.a.i..L v . . . tvjaiii ian i mi tstm i.immMmmemnma mmlsmm i
1 i TfflfflMMM II C fctCLfe-i Sr. JftA ifcnl-iili- -UMA. " fc. '?X.TT i -r St i 4iL St f. :
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pmsmm sps.: ffS -ZZMTiwZ teftek&
SENATE.
WEDNESDAY December 5 '1855.
STATUTE OP LI2IITATI0N.
Tho President announced to the Senate that a
bill to amend tho Statute of Limitation was made
the special order for last Wednesday but it having
bsen neglected at its proper time would come up
as tho special order for to-day.
Slr.lLAXAOAX said: I would suggest that a
bill embracing the Code of Civil Procedure was
made the special order for this morning.
The PnxsiDEXT : The fact does not appear on
uiu journal.
21r. Flanagan said : My object in taking up
tho bill was for the purpose of making n motion
in effect to require each Senator to tako a copy
of the Code to his own room and examine it' be-
fore it properly comes up for discussion in the
Senate. I therefore move to lay the bill on tho
table until the first of January.
irr Potter said : If tho Senator from Busk
will withdraw his motion to lay On the table I will
withdraw the bill.
Mr Flanaciav said. I withdraw my motion.
Mr. Potter said: I withdraw tho bill.
Mr Palmer said : I move to tike up a bill
to amend an act of Limitation.
The motion was agreed to.
Mr. Palmer said : I wish to offer the follow-
ing amendment It is to make the Statute of lim-
itation apply to murried women as to other per-
sona.
Mr. President: It has been frequently sug-
gested by the judges of the Supremo Court that
there Was no reason why tho Statute of limitation
should not run against married women as well as
other persons smco they hold soperate property
in tho tamo manner as men do thereby one half
of the property of the country is now'tied up un-
der the present laws on the subject of marital
rights. It will be remembered that tho statute
now provides that a married woman may sue for
the recovery ot property even when she Is not
joined in the suit by her husband. Wcaronow
keeping a large portion of the titles of the country
from being quieted by this exception in favor of
married women and I do not think itrshould longer
exist
Mr. White said: Nq one will be more ready
to amend the laws relatiug to coverture than my-
self provided lean see any real necessity for
amendment. If this amendment should be made
it will place married women upon equality with
men in the management and disposition of prop-
erty and under present circumstances I should bo
unwilliug to do that.
Mr Palmer said: That is the very thing I
am endeavoring to accomplish. I desire to abol-
ish the restrictions which are now thrown around
tho property of marrioi women. Thereis.no
more reasou for the statute to run in favor of mar-
ried women than that should run in favor of one
party in a partnership ofaay business character.
In a legal point of view marriage is nothing more
than a mercantile partnership. Suppose a oartv
acquires a good title to land the statute runs
against every man while If it should be in posses-
sion of married women the statute does not run
against her at all. v
Tho distinctions which formerly existed under
the common law of Enclaud between husband
and wife are no longer recogni?;d. Under that
law tho wife was tug property of the husband
and all property was' subject to his disposal. Her
claims could not be heard in anv court unless ac
companied by her husband. If is not so consid
ered now. A married woman can present her
claims before any court of the tjountry can Insti-
tute suit for tho recovery of her property without
being joined by her husband when she alleges the
fact that ho will not join with her in the prosecu-
tion Of her suit There is then ao valid reasen
fonrotalmug this provision of the statufo-of liml-
itatioa.
Mr. 331MSTRONG said : I am of the opinion
the amendment should not be adopted; fur the
law as it now exists interposes an obstacle which
should nntbo removed to tho husbands doing eny-
i; . ii ::.. ! .:r.. -l.. n. ;
dispose of her property she having no knowledge
otthe transaction ana utawamencraenrisTnaQo
she would be barred from any possibility of recov
erv. Th&Iaw nowallowa her to brinz suit on any
refusal or misunderstanding between herself and
ihehmbasaVlmtif youtrikeoutthe word "cot
rturo" shebeimr "Hninfbmed of the condition
f her own affairs might Icte by the acts of the
ftMSfefid. Juetner reuam uBprejuoicea oy any
HcderitaEdiaEOr misuiiderataadiajwitJihqrhus-
d.
j Xr. StiNAGAS said: It appears to e sirK
Iti HHflifa set Ut in MnrteVU nft 3J rfct?ll-i
Mteifecih$ Jnfercits it tfeeecctowat. XI
fflrarH soseeive laatjs is ifr&rit wua lor-
mriftjE!wti6fia riis 4 sett. -Tiri BUr'ntec
wdt fHrtbritomstey rtstclHon hml
w us wee! e nasK i aw oecfkjNMt& it as
i rae ime &vrtjat& t&e EriTiar-e.t ass
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property single cannot do sri without the coipc-
1 C'C tr "" ": oi tuis statute;
and though the wife mavnntte more than 15
years of ago at the thne" uf marriage she is pnt ia
possets'.on of all the rights and privileges fhat she
would be entitled to if 21 yearsofago. This stat-
utBdoes not contemplate that the husband shall
have entire controller tfie'propertv.of the wire
which ramelnto hr possession priorUo marrbce
but only uver that obtained during Coverture and
that which she brings into' the community and
thereby she m in thu act fully protected In the
provisions of this bill.
Mr. Potter said: In order to take the sense
of the Senate Imovo to lay 'the amendmant on
the table. Lost. Yeas 13 nara 14
Mr. Russell said: Isiucerelv bono this
amendment will not be adopted. It is'well known
that all statutes oflimitation are enacted for the
oipress purpose of suppressing and preventing
litigation. They can have m. other object in
view. I think this amendment peculiarly objec-
tionable because it will aim a death blow to this
acknowledged object of all past lens1ntinn thu
subject. Notwithstanding the rigidity of previous
uuiiduuuiani ujojt aie laiieuto guard and pro-
tect the rights and property of the ferae cozcrl
against tho prodigality anireckltssness ofthehus-
band. It has beoa asserted that the wife is am-
ply cuarded and Trotccted bv fhn Imahmwl xnr
that in addition to tkfashe has the right and priv-
ilege of assorting her rights and presenting her
claims for justice in the courts of "tho countn.
That is all admitted but it is known to every ono
that even these guarantees of protection havo not
been sufficient to secure tho -wife from fraud nud
injustice.
Mr. GuiXN said: I rise toinako a few re-
marks in reply to the argument presented by the
oi'iiiuunruui oauiue axi. nurrougas.; iho lull
force of his argument was to prove that tho pur-
chaser could not prove that ho had given a valur
able consideration forsuch property and that the
heirs would come in and set aside the judgment of
mo jrruimio uuurt on mo piea oi irauuiiient trans-
actions'. Now it appears to me that it would be
ub difficult for the heirs to set asido tho judge-
ment and oast from the properly as it would for
the purchaser to prove thatjio had given a valua-
ble consideration. The-judgcment itself is prima
facia evidence that it wn& a lonajide transaction.
And all tho presumptions are in favtr of thn innn.
cent purchaser he having held possession of the
property for many years. I also desire lo reaurk
to the Senator fromHarris that if tho husband
in the caso to which ho alludes should convey
awaytheseperate property of the wife sho no't
being a party in the transaction and that the stat-
ute of limilalion now under consideration would
run against the wife as well as tho husband and
that if the occupant should resido on such estate
during the term" of ton years having a deed to
such property there would ba no nosaihilifv nfhio
ever being ousted ; aud if ho had a color of title
a reaiuenuo ui uvu jears wuuiu do EUmcient to
forever bar the heirs from coming in and serf in"
aside the judgement of tho Probate court
Mr. Armstrong: If that araeudmeut he
adopted it will bring us under tho necessity of
giving the wife tho power to transact her own
business out as well as in the house which would
bo improper for her to transact. It will not be
respectable for her to do out door business and
depreciate her standing more or Ices. The hus-
band having tho control under the-law asitnow
is would enable him to dispose of it toner injury
umet3i.uu uu jjiuiecit-u oy me jaws ot limitation.
The Senator from Harris Mr Palmer says that
marriage islike a mercantile partnership. I think
the partnership very limited indeed. In marriage
one partner has the sole ci utrol then the other
ousrht to havo a protection uirainst the nliim nf
iL.L .nl. Mt1n.n Tf iU !P. - 1 I 1 i .
iuai.auiaiiiiviu.-Ku. i iuo wije 18HJ oeiClCtOtbO
husband's propor management sho ought U be
guarded. If sho is not protected Ipt her have
tho control of her own affairs to protect her in-
terests let her manage them.
Tho wife oughtnotto do men's business ; it is
improper for her sex and placo in society. Then
I say. lot her be protected bj; tho laws of limita-
tion. Sho might be entirely ignorant of her hus-
band's business and thereby suffer ho having tho
sole control. The alteration would disturb a long
settled principle in. Texas
Mr. Peuigo : I desire to Bay a verj few words
in regard to tho amendment offered by the Sena-
tor from Harris (Mr. Palmer.) Sbtutes of lim-
itation it iB true havo been denominated statutes
of repose statutes to prevent litigation but
they effect this suppression of litigation by closing
the" doors of the Courts of the country to tho as-
sertion in them ofrlgbts which might be enforced
if this barrier were not interposed. ThiiTirhf3
acquired by statutes of limit;atiou are for tbe-.
most pari legal ratner man cquitaoie; and it is
generally the'ease that where such a legal right
has beenacqulred by limitation by one party an
equitable' right has been lust by another party bv
limitation. Statutes of limitation I know aie
necessary nud indispensable but I two been ac-
customed to regard them as neeessarj and indis-
Eentable evils. But the amendment here offered
y the gentleman goes farther thaul had supposed
the doctrine of limitation would ever bo at-
tempted to be carried. What? Are we at one
blow to destroy all that has been done for age3 to
protect the rights of a class of persons who.fmm
their position iu every community aremnabld to
protect themselves from the prodigality-ofpendf
thrift and uujubt husbands
It is true aB it has been insisted here that the
husband is expected to be the laithtul protector
of the person the property nnd the rights ot (ho
wife; buthe is not always so in fact ileissome
times the cruel tyran'rraud fhejreckless miner
of the hopes the happiness and fortuno of the
wife. Do we not know that nil the protection
whih thA MRimnn lW hh3 Thrntcn nritnnH !in
rights'of the wife that alt the solicitudo of tho1
Ciruiaw loriueirproieeuuu uuu an ine legisla-
tion of Louisiana in their favof coupled with he
leaning of the Courts towards these rights have
been in a thousand instances whollyiirSufficient
to secure them against he reckless prodigality of
unworthy hdshahds. ' ' "' '
The effect and this amendment will be to close
the Courts of tho country agaiusftbe widow who
has been despoiled of her property by s deceased
husband. I cannot consent to such a measure.
If the wife during the life time of the husband
conveyed her property away and gave her con-
sent to it in the manner prescribed by law tbe
conveyance is fiual.and the right of the property
absolutely vested in the purchaser who needs no
statute of limitation to protect him.
Mr. White : I wish to an3n er tho enquiry
made by tho senator from Cherokee (Mr. Guhra)
or rather to extend the explanation given the re
nator from Harris (Mr. Palmer "1 That centle-
man has given a correct explanation In a caso I
where leal convpyflncewt property is intended.
by the wlte." Bat it I uidersDdi "tbe law of liml:
ration is not confined to legal sales. That woud
be n bar to hor action. by any pas holding a deed ot
her property executed by the ausboad without
the formalities required bylaw. If so the case
f reseated by the senator from "Cherokee would
e exactly in point the sale would be invalid aj a
transfer but would be such a deed a would sup-
port the tiles of limitation: This objection re
ceives additional strength when we take into con-i
deration the fact tnac husbands are usually bet-
ter acquainted w.itb the property of the; wife than
sho Is herself; aad frenv his: greater famillariijj
wltir Jiiii3candllrH&sYor Iratellicii-.'ivjiis.
naag ef he2 11000' aiislan'ceriram home.
swiSUwiii'W kuaweige awl 'wHfdieoveri.ng
jfe jr3 wejAWOrirtEiHjtjias muoa ar to
-wife weald he-irteeoTerJy iBJaredrw!fhout fier j
joat k t r ifef JiBiKkUtHi Je ran
CMpt IrOMtrs provuinaf an prominent tenable
ac-J.ouiiil: hecaswe tier are not roranotinrn
flek after their owa interests. The idiot and in-
wne are by act of GI bereft of reaia; the
pmor by rojsoa of hi leader year? does not
know what bis right are and of ecurae neither
of them skottkl be rediruvd t asters theta. But
dois the same reasos exit fur cxemptiou in casa
of feme coverts! I think not. Our statute ex-
eiaptag married women from the operation of
wk? 53iu;e uenvea irom tee coiuhi m law; T
taerefore go fo the common law t-j learn tho rea-
son of this exception aad I find it to bo because.
at commiB Jaw tatf wife could not hold or own
prppertrf her existence her rights and her pro-
pervyt were oompletcly laergM in the husband.
She ccukl neither ue nur be itelt she cnuM not
COntriet. neither COCld hi azt or tilii'nntr k
rhbt n &j.t she had au legal existence; it was
uwiworv ujougnt neces'ftry ana proper that she
should have the same time alluwed her to assert
her rights in a court of jmrice after the removal
of hrr lejal 4!:na j jity as was allowed oihers.
Tki '-vai eertaiuly rood reasun whr she should h
exempted. Her exemption from the provision of
the statute was founded in good anJ equitable
grounds.
Mr. President 1 now propose to examine what
position tho wife occup'es under our laws. The
first law definlne marital rurhts of the wifn. ia ilm
act of Jamtary -20 1840 (Hartley's Digest Art
il)9) which provide "that all property owned
b tiwntie before or at the time of inirriase. cr
taatsho may acnuire after marrlase b pifr.ilritn
or deseenr shall not become the property of the
huiLaud hi virtue of marriage but the same shall
remain the property of the wife." Art 7 sec.
19 of the State constitution adopted in 1615
reads tiat "All property both real aud per-
sonal of the w ife owned orclaimed by her before
marriedand that acquired by her afterwards by
giff. devhe or descent shall be separate proper-
ty" JLc The 22d Section of the same article ol
the constitution provides that the homestead shall
not be alienated without tho consent of the wife.
A part of the second section of the act of March
13th 1848 reads thus: "All pronertr both real
and personal of the wife owned; or "claimed by
nor before marriage and that acquired afterward
by gift devise or descent as also the increase cf
au lanjs or slaves tbus acquired shall be the pro-
perty of tho wife." Thus it will be seen that un-
dtr our laws the right of tho wife to her separate
property is just tho same as the husbands: nei-
ther Iter existence nor her right to property are
merged Into tho husband. The marria Rimnlr
makes her apartaer with her husband ; her rights
to property are the same aftor marriage as before.
So far thoo as to the legal existence or separate
property of tho wife is concerned the coramou
law doctrine and usage is entirely subverted; the
right and titlo of the wife to her property is uot
only perfect and complete aud not merged into or
embarrassed by tho husband ; but thelaw opens
the courts to her to assert her rights and defend
iTr pJ?plrt-v- aether provision reqejret that
before the husband eaa eH one dollar's worth ot
the seserare property of the wife she must join
lasatil sale appear befe a otarv Public aad
"H " that bo wuiimil v joined ia said
SfinfcJw k"6 Joes soi to retract such
dlspositioa of her propertr. v0... .-. cnie no
ackaowledgemeut'ia made uigg'SK
nag her 'property by the hii.baad Voal.rbc null
m her favor. The Supreme Ourt ba declared
that no deed can be .valid nnless the partJ S
such deed has autioriry aad that fpartfnS
show niithnr5r fn- mtt .....u . .CV. ralls
wai be such as will support th statute of lU!
tatiun. There hare been some of xha straat
propositions asserted in regard to this amcndiacat
that I have ever heard. Ever) proposition as-
surned oy the opponents of thii meraure seems to
be predicated on tJie suppojittoa that the husband
is determined to cheat and defraud tl wife that
he is determined to swiaale her out of the last
farthing of her property tfco most anouwlo-js
tate of relatiouthip between husband and wife
that I can possibly concieveif.-I have alwavB
been under the impressiun that the uusband vowed
upon the altar to support and protect his wife and
to go with her "through evil as well as good re-
port" But one would think that he had sworn
oa the altar to cheat mi defraud the wife that ho
would take every possible advantaco of her woit.
ness to transfer her property to third parties.
Another opponent to this amendment is disposed
to urge an objection that such a change in the
Statute would conflict with the decisions of the
Supreme Court The gentleman urging this ob-
jection does not f believe hold the decisions of
that Court as so very sacred that the Lesislature
of our State canuot pursue a course abovo and in-
dependent oftliem But idr I believe the courts
aredecidedlj in fnvor of this amendment. Almost
every District Jadeis in favor of the alteration
By far the greateu number of the Bar holds that
the Statute of limitation should run against the
married woman as well as against other persons.
Our own Supreme Court ha3 declared repeatedly
that the necessity for excepting married women
from the operation of the Statuto oflimitntf.in ii
long since been done nwav- with under our law
The gentleman from Sabiue (Mr. Burroughs) has
fully answered every objection that could be urged
against tho amendment. As was very justlv re-
iSSSiSjwjs5iS
scj- ottliue pt> lo Kcare the oWrtt. Ilia em tmwwL
Ilea re ocutjxodlnB SSJ fTTto
ittfiragfj the dipUty of the centradln? pAio SS l
pusnt itui. fiileceJ oa Hie CnUcd 3u aalibo m t)t
moment Iaccnrd tioCTponilbUlix ot tttrj trntof Jw
Teiaj dtfct cot PU; asU thU DotslUuteniaDe die ca:tct
ade bemra tbesurrn Uat Test bmH Ttti3 be pulw
HedGmxJaasdp-jrher pabUe t!eM. 7Mj aSiSiaaHat
voOlAbebiaMai-btlwcmVim wniraetinj pn-Mei Luleo
uo mtlraal erocoJ eoald it be coaUIe-et( Ikhtku ifce
ere4Itsn abo vera sot parito to hn cnicrtee a&i ntw
cca'a oaij- wltoeM vilbact.- toico taejiToasilicrl- ooJj-
hop Pm lata otlCT hand be josd tlsejrrtsck.
TW -rJt mo-e partlcclarljr the cl i-ltJi tho-e -tba bU
be exp-cu pledge of the Impost d;HJi sw the jsrtcpUoo
orthrlr cUlij nd" ft iceos w have Mta u e-&AersI by
Soth turtle u tfce U-2 or the cnainw-t --m! "So 'jottVW
t'lxUti-ttUuon that the TaHI state should its-jo
the five talUkruooul the debt -upiU. If thlIflr
itateacat of the ee te eielr that tb Cnite.1 Sitt- was
ISf-r.S ?" Jxl cot ameroiUte holder. 4
The Udrd inquiry u htther Ow Cnt cli debur pre-
"ed ed! r wWci " doOes oa impoit a t-pecta
This ela U txlnclDadlT rr..i . . ..- .
2Wsf3l
pab7tedthednU: WtaSS- rrfeSSS T&
sccnriUM Pa4ed to tt Uolted totS?mk.
annesi the not bore oa ttIl A-lfirJtJw m
which toZJJ- erofSar.
aentof the credltpr; tht at t i fiT' u
Io-red these -aretlei Into the hand. efc2!f52 r
think trin not bs denied. The oar qi "42 fSi
rrent TrMht that ran rl i-r-. . (rTcr" l P w
aawant cf the obllffaUon at tbe term -aosmoU." oi
transfer. TfceStateofTe-ca t the neeesrfT2BL.Jl
eAUU AJlIt"AfCElH-Q-ttr-j.
AE&rrm s.. sxxsa.
km. ?e?-yii4-;--j-.st8fe
at o'ofecr JLJ? JttSi-r ThenUars sad Satsxdan
"-- iUUlUAn Xf.P.IVt A nn
i.-.t -"-"" "- r CHU
ZuriJZ .r:?? .- t .t U
FlII--J- """ "re '--.
la
Tbl UUa hr UrV T V&U .v .v ...
32IT-9 ?r.fV2-tt "& vs. oba ;li
tojtoufer pre-Mp.trt bj. M (stem nXHm
S2!!S.2S; 5a b ir B-few- r -1 - - i
2rf "l-aI-fabBhpustctjet Oalj
!S?2iert-w- ta taatl-aaa a m-!-btTe-
ttethe Mjmeat or th balaac.
TsTfJSTJSt M? ee-apkerulI the celebrated
ZSFPiSS: L -a br any land lath.
MJtSSl?" There can be bat
SS! e . J85 Pwtt-il MoridcraBo-a Indact rae
-25lrntt".oair' "l fte Ter-r rI ter-as adrertlted.
The OalTettw- papera irffl ptean eepj on ferbii
AasMnJan.l4.1W-Xo. 2 Ja. j $. CaaiUJEEJ.
Statute of
Sija!F- !
itpi
fSTmi
'
tww a' &
mm;?mmmm&m
- wtr I -1 TfB W " -j-t -
ais?-ws mtyrfVB-vsisz an som oraar
11. h stuttW tu ?B tMsOfHritt life
---. . v n. a jl. I.3-. ! IJ i- tlM. Htt-.a2&.
-teBBC8 i' immsvm&zmvm
save ausve W nj? wm 8fB3t t-
":. it.JL f .k..:: - - tS JXl. .-J?- JSU
1 i-SW-WSa-JJiBWaB !--
OPS
feortrot
rfmt$v&HT;
d
m
mkth&r
her urouerty as much as to anv one else. See.
9th of the act or January 2Jth 1840 reads thus:
"That the husband may sue above or jointly with
his wife for tho recovery of any effects of the
wife; and ia cate ho fail or neglect so to do
she may by tho authority of the courts sua fur
jUch eilects in her own name." The reason why
tne iemo covert is eiemptea irom the provisions
of fho statute of limitations at common law do
not exist under our law ; nnd I fully endorse the
old maxim "That where reason ceases thcro the
law should cease." It is folly to continue the ex-
istence of anv law when the ery cause for which
the law was brought into action has cea-ed to ex-
ist and other and very diiTerent rules have been
established. It may not be improper for us to
refer to the construction Riven oy tho court tn
the statute I havo read and to others of a similar
nature. In tho case of Wood vs. "Wheeler 8th
j:iua jteporia.pago Jt. tne aupreme Court says:
" Husband and wife are not one under our laws;
the existence of the wife is not merged into that
of the husband. Most certainly is this true so
far as the rights or tho property of the wife are
concerned: theyaio distinct persons as to their
estates; when property is iu question Le is not a
barrier nor is she covert it by tho former is
meant lord and master and by tho latter a de-
pendant creature under protection or influence."
In the case of Conner vs. Hemphill tho court
sajs: If tho husband weroincomDetfintnrTipr.
endangering tho rights of tho wifo by negligence
in a suit its i u cd by him for the recovery of her
effects tho court would doubtless on "proper
representation interfere for her protection : or if
ho were guilty of fraud or collusion sho might im-
peach thu decree vitiated branch fraud." It i
frequently recurring in the settlement of estates
that the property oHhe estuto should be sold.
Sometimes this sale is rendered necessary for the
payment of creditors; sometimes to effect an
equal distribution betwixt tho distribute- Tn
either case it is important and to the interest of
au concemca mat mo property sold should brin-
its fulltnlue. "We will imagine (hut the adminis-
tration uf an estate has been opened the order of
the eotuf requiring the sale o' tho ptopwtv to ho
made entered of record; the properly advertised;
tho day ofsale arrived and the property exposed
at public outcry. Parlies wishing to "purchase
enquire who arc the heiw to tho ostntu ; they are
told fheiu aro three heirb a minor IS years of
age. a widow and a married lady. The purchaser
reasoni thus : The minor will be a major in three
years ; tho statute allows him two years after ho
becomes of ago to bring his uetion to set asido
tins sale lor any lutormality or irregularity in the
orders of tho probate court; or for fraud on tho
part of the administrator or of the court: then
in five years my title will be confirmed to me.
This risk I must tako ; but I do not thini the risk
great : for if tho sale shouhl bo set aside and tho
property recovered from me I have a right to
recover tho money I may pay for the property
from the administrator and the securities on his
bond ; I will therefore give tho full value of the
property. He is next told that a widow ladv is
marked by him no deed of conveyance of her
property can be legal uitnbutthe acknowledged
consent and approbation of tne wife. In addition
to this protection from fho law she has her hus-
band to look after her property and in see that no
illegal iran-fer of her property or depredation
upon her property is made. You will let the
Statute of Hinitatinn run in favor of a married
woman who has every possible protection extend-
eu to uer wuue you reiuso mo eama legal protec-
tion to the widow sister who has no pewon to su-
perintend her pecuniary affairs or take upon her-
self the responsibility of the raauagement ol her
estate. The feme cocert is in possession of all
guaranties of protection afforded the tiDglo lady
and that of her husband besides. The illustration
of thegent!mau from Sabine in regard to the set-
tlement of an estate by a Probate (":i!irt f- rmnA
one and to the point. '
Land may be sold for tho purpose of partition
between the widow and children and persons umv
iuiui!o iu yuuu inuu ueiieving tuat tnev are ac
quiring a g oa title.
In the mean time tho widow or perhaps emne
of the minor daughters marry tinio rolls ou a
flourishing and beautiful farm or perhapj a busy
and splendid city springs up upon tho spot at ono
inie regarded as almost valueless. Commerco
increases and hundreds and thousands invest their
money and make their homes upon the ill-fited
spot. Perhaps a quarter or half a century passes
away when perhaps up rises a feme eo'tert fur
mora terrible than thu ghost of tho murdered Ban-
quo who with the assistance of some ih'ewd
lawyer finds some defect in the original act of
sale and thus drives hundreds uf peraous from
their homes aud property mado valuable hr their
own Jaoor nnd money wtule mo and her shrewd
husband were sleeping upou their rights or per-
haps watching with a jealous eye tho victims
which they knew could not escape them. Such
cases sir do not exist alone iu lancv bnt illus-
trate tho true history of the reconlu of many
courts.
If wo intend "to give quiet and reposu to tho
titles of the country b the Statute ol Hm'tnt;..
let ub do it in such a manuer :u to effect tho ob
ject iiueniieu mm jei a? piaec married women in
tho position which the spirit of laws intends she
should occupy.
Suppose irom the argument advanced In tho
opponents of the amendment that he had sworn
on the altar to cheat and defraud tha wife in every
possible manner. This is the tenor of the wl.oii.
argument advanced by the opposition and it is ono
of the strangest fcsuinptions I ever heard iu my
life and as my frit-ii on my left has well remark'-
ed is contrary to interest contrary to reason nnd
contrary to nature.
Mr. Palmer asked and obtained Hive to with-
draw his amendment.
Mr. ArtMSTKOXf. mocd to amuid by in-crti'ii"-after
"land script." the 'tords "pre-emption
claim." The amendment was adopted.
Mr. White moved to amend by striking nut
nil afttr the word 'liioilation "' in first bection.
Mr. PoTrnrt moved to amend the amendment
by striking out the entire cei-tion. Carried.
On motion of Mr. Scott the bill wns rulericd
to the committee on public lands.
. . i . il. . .- i . . . - - vi.no.
lie ciaimcu mc rigai iu ascertain ner HVUtiteilneM b- a i
It at the amount at which he had -reared rrfiw. andS
natcant and to give other erid-ncrs liHtta.l or these -J
Usual To this many of the creditors ohtecte-I an t -in
here remark that oa;e ccntlder UiiriUugreiwdtatica of
the debt of the UepubUc discreditable uscnultable inl nn
Jtfet. X. however beir leave to differ with Una cneluinn
for the reason as cai oeen s.Toira on former aeration- that
uuicrcutc 3.1ULUU wc mku Ltmccu rrpaoiaiors aBt an
offer tn pay only and alt the amount recorded on an obliga-
tion. Each it tbe doctrine al-fa-i held on penal bonds which
are siren to secure only the amount of real damage. Thii
seems to mc to be -tricUy the case with the Texas Ited n
ror niaitratioa : a judge ot the circuit coert In the year
15-J1 was enUUed to a. salary of 170 lo- pood money bat
he received from the treasury of Texas Ui3 : thUamoant
exceeaea cis salary Dy seven to one. lie therefore coold
not bi Injured tn being ald the loirest sealed rae which
was25 per cent on the dollar with Interest at 16 jir cent
per annum. I place my vote therefire on dlffereq: xround
than any discredit to the State or lnjnttce to the creditor
and that ground Is a consequence that follo-rs from the Ttew
which I have taVen of the three precedtnj- proposition
which is that the rights of Texas to the territory abandoned
by her to the United States was not of such a character at
to place her In a position to demand the ten mlBIons she
reserved aa a consideration fir the Territory. It wa there-
fore an adjustment of that question connected with t3:
release of her obilgaUon in regard to the creditors. Second-
ly tlic-e creditors were directed to the United Mates by the
transfer of the surtties before the date of the boundary act
and It was proper for hr to provide for their aaHilaetHn
And I will here remark that the nrnru'on -houM not h-
considered an Interference on her part between Texaa tnd
creditors. And thirdly that aa thU debt was not scaled
previous to the attaching of the responsibility of the-United
Slates that she could not release herself but br the consent
of tbe creditors and therefore the proposition? to alter or
modify the contract was proper and free frornancharg
of dictation on her pirt.
If this is a correct view of tha subject. It will be clear that
there are three parties in Interest in Hie adjust nent of thh
matter and that it must be settled by the' conp:i t of ail
three.
The United States hat rpadu the fire t. proportion which
is open to acceptance or rejection. We understand the
creditors will accept or most of them and as the contract
laiuriuuiaca uiainoy ot mem mat will may accept wiUi
out the consent of others it Is lilelr that there will baa
peeily termination of the difficult which see-ano mcto
be a jufflclrht reason for the accepting of tile offer bit If
this was not a sufficient one tha app-ehcnsUn tint It Is as
Kood if not better than any we may expect it Is wisttoer
In my opinion to oceept It. ?
11 $.T
I
MJTICE.
pIIBjHrt-Hc are fctrefcy caBtfesetl sr.ilai'.iraiUniferaaT
1 d-or noej between John UHI aud J. Jl.Surrtea as
aoett--a-rrafos-coBtod partUapirchasiar.
wM be 1 loser- JOJEsflHiL
Ski .lot-Mr) Jan 1?. 2$-tf
SSoO KUWAUI).
T KI!LBrpl?ataJ.'?-tiBBj-r " 2- or'Oetober
I 1335. my boy JAWSCTT sometisae eaBed&ACK.
sUfcibey Is a rrt ranlatto about 96 year oMabeat tlx
reel high nd weljaj about 13d or 199 poorUs ; stammer
a tittle waea excited; hat tits Kara of sorae 4 or T back-
sb4 to the If f t arm; ami rod o off a gray or itrawberry
ren bora? mote. I will give one hundred dollars for the
tr-e-ehenstoa aad sale tepft(-of said boy so that I n'
aha a-ain. I have no doubt tbe boy waa decoyed eH br
- white person. I w9J lire 3139 oc the thief .with sat.
Sieeot proof to convtet. G. WiOOsT.
Parts Laraareo. January 19 1386. gg3rp
GIFT ektekx-uise:
Tk Hundred and Fifty Lagaerrotvpu at
TWO DOLLARS JLH TUTT CEnSSAtUt.
r r 1Li.ltbi-1 - Di-wr-estype wl Jpje-ents4
..!?? tiS."H-u'ltos! -" aarelathejnrtid
jiatjoa of So.W ia Crtfts
Otrr Xo. 1. One Sue nM vr.f.k v.h r.Hi aaa
a' ?aPrtaeate-bracelit. eaw
i r2! li--1 - whh4DaS. a
35.W
lf.W
3M
7J0
13.W
ceo
OJM
40
tW
5.
.
4
.
M.
lo
"IT.
'IS.
- 1.
.1 o.
Slrrsmcope IfttstM lory "'
v wan
f!Wt-l-" breast pin
Orp. ofst.te CplM. irTfranT.fc.
One tarse size D.-wneolyp. "
O-c Kw.e wood fraras wfti ;
"" --erren?cIe ilteMts
Ono 8ne gutd penetl.
One smalt cold locket with. Ds
One bcaOtlful pu- ear rtef-
Ooe ladies pearl card ca
Osie parr eirgant so pta-
Up lerreos.-ern rUttwii.
i sii8. Dep.. State Capital ft. h lim
31 . Ueaailft.1 -ettjWer rln-r .!. Me
9t. Ladles - 2. each So
- 58 S. 81. K. ta-j-e UtssowpkiV . '
mines ft so eaeo "
- S.SIavM8T83.t4. Cotereapfc:. "
tnrts fifty ceniseich aro
IMstrlbotloB WtaVo place In oae month. Gifts on exta-
bitten and iMgwrreatvpes taken atoarSky-tfEhtaallerr
Peeau Street. BKDSU it PlEXtCC
. -o... . . Dacaerrean Artiiti.
Autt n Jan. 19th. let. n22 4w.
MEMBERS -uSTD OFFICE Its
or inn
EOilSB OP KBPttBSaVtaTIT:.l -
qrtBK. . Jf
SIXTPI LjEG-ISjLATUHE
qrinc f "
.-tT.VTJE OF TEXAS. "
.tivu or vuibcs.
MUTfUCe.
anothorlieir: ttiUb lact gives hun ijn reason why
he nhouj'l not giro full value for the prpperty :
because the w requires tuat she ehall brin
' roqui
lier
He
V1
rtrin.
n ntinn n ortf- n.lil. Iin nnt. ...111.!.. A . .
UbUVU IVBUlUtlUU II1UCOIU ttlllliu LVVII C3TB.
is then told that a married ladv is another hpir.
Tha law allows lier two years after tho death of
her husband to bring an action and set aside the
sale. Her hushaud mav live tvtentv yeais the
wife may die first lier joungest child is allowed
two years alter becoming of age to bring suit- It
may be twenty or forty years before mr title to
this property will be quieted in fact it mav never
be qu'tPted. After my death it mar-be taken from
my children the administrator and the securities
on his bond may remove die or become insolvent r
the w itnesses by whom I could show tho conside-
ration I Rave for the property and that it was
fiirly and honestly acquired bv me may havo died
removed or forgotten the transaction. My titlo
to thi3 property if purchased by me is subject to
be attached and called in question and held in
suspense for an indefinite length of time. I will
not therefore give full value for it. If I buy this
property I must be paid for tho risk in tho wav
of reduced price. Tho pioperty of the estato i's
thus told at a reduced price. If sold for tho pay-
ment of debts it sometimes oneratps ns sn injury
to the creditor as it reduceE tijq fimds from which
he is to bq paid : if sold to effect an equal distri-
bution betwixt the heirs it invariably operates to
tho injury of the minors and even to tho married
lady herself as it is to her interest as well as
that of the minor that it shoujd. bring its full va-
lue. Mr. President if tho statutes of limitation as
they now exist aro a protection to the interests .
of the married lady (which I do not admit) then
why will we not extend the same protection to
her widowed sistor I "Why give to the one that
which you withhold from the other? Is it just?
Is it right? If any distinction is to bo made give
the prefereuce to tho poor widow with perhaps
half a dozen children. Let thu laws operate on
them alike. Then the married ladv still hna n1.
vautages aided ndvfted and counseled by her
uuiu;iuur v.iiu ig nui Biniy io tauo steps to assert
her rights1 nM defend her from 'injury. As the
law now stands feme coverts ara fhrtmderi in n
lega.1 tomb from which they can" cut and thrust
-) :iu cKg ireijueuiiy to me great injustice
of thoo whom tho law thould protect. I have
heard no cood reason assirmed whv rhn nrnt
law should not be changed and I can see none.
me argument urgea by tho friends of the bill
against the adoption of the amendment is bawd
upon the supposition tb&t the husband is alwava
trying to swindle the wife out of her estate. This
supposition u against reason against interest and
against nature; fallacious in-foclf it-is a'sfander
on tho husband aati riot complimentary to the
wife. 3fr. President these are'some'of thm tm.
sons ihaE influence me tOTtttpfar tho amendment.
-ur. f au'etc; nave been much pleased with
the strens and. forcible anrnrnnnri in fur r t h;
amendment offered by tho senator from SAbine
(Mr. Burroughs.) It appear to mo they are so
pertinent and conclusive tliBi no candid mind can
an to ne-conrinceaortue justica and necessity of
ite ncoruoration in lite bill now under considera-
23m. "vVlito.T ofiftrftl t'nifc -iTrnnr1minr T bar not
i the most distant ciueetsticn tint there could be
gi(uuicft-ic--TC rDitiioji eaa was Twiauopuo
otxAvt ntr .kijti. f.s .!........ Y.sa ..llA.t.4 I
BH UfiMlL XfQ ewY yea "R j """ tifst'jsjn'" i'ViV'""-
iiiatjnrMg' R ? io reaeet cjtatuuir ana ssnousij upon tne
WW MSi- "eseUeacg sfc2 $aaft latiruahly lesultfrom
tfeacsiicfcMTiEeor Ute Am- naw tn force. Autrce
w 1? 'Wnf ssWii WMSk flpoJBC Cp
&rtMfc3riSe Brwertyef the entipirrla novf in
flaitsMrne2 W6?s In uch manner as
I :;'.... 13.- uslHUf r fhn fitlpB hfiinir mil.
raS2 iil(itrlMrHtaBtlytaa rapidly
aJnr. Tie cWpetliC'tlKs statute of limila-1
l.o. t.-Tiitat- ikn &'? fke counrn.-- n3
P" j7 "" -ki.2 JL. tt . .
Etatcta.
.. '
iit-xOf
i& s
M iSaiato itwIlUse fonnel tLat
srea y tra unsstiaa or wife after:
licet by gt&. dense er descent ic
swissrrr JHettaIt3taer property la sen-
lmriTW fu-sT -ssW"f -WHJK-PajQ
.TTL "; I'J-" ""T" " w-mmvm
i u- ..... --Ht . M. ii."-ijjvii mn iissi rasssai w rim. -sssBsssssusa-sr-tH i-siaa i m m mi I --- ssskjossssp JS '-mm ssB. -ria. p- -' - -" - " m.. aJG-m -.jtmrvr iflr isr--sssssarvt -ssz rmxm- J -- j
-J.r.-ftsrw!
"'". jsssjasssi ujtb. -acjpiwn?-3sijjyi KffWWS K tKm.1 SMptsaj lsw-sajrsjsss-ssss-w!jf----ge- Tle1eirt-.wtlgr7!rr?3J tWiT Its imssnim? l'
m -uiikfSB aFPr. 'iif15fciCT5--c)'ij!-- ' - -tJrt .mT?zer.xiM - atfDtJjsggiZaBe-ja a-njsjjti-jss.?.rfi--rsM rarflTr
. .iBsfn!sssr-s - " t-r-B7---'k Ai'p."aiisi s-w"-w-"wsB?ssBwsfti---Trff!a.."-jsi ..iL.jmiWMinim jr jiJMFifsiii'--ffra m.rtt.a.nr tiaia vMfiMiiraYi nTrnr rpnuTTTiT r if i - -- -c - -ggi- saiiiiiJfwjT
SsjJlfTiwT SIBSSr' TlSmM .ifTi 1 1 1 -""-- - ' -3"B'-. -lw -frv m.rw afctj. -jj-mgny. v masf ffHSSSHSJSI SS-n-""""" mmatwpm wimm n"Mnu wBzSHBSSBBn flBSTSn SSSSSBSSV -Sm3BS-KBS9nSSfSI Mi SSsnlS. SS"IIPPMPT--"-B-T"Br
"""nWMl1 IWS ' i""?Jiil -"""'" k"ntVJm-llllJ3tl "Sr-ikl -TssW MttbiiiM JamssssssssfssAkt -JIuS'vJLJIhSS' jlxZ .. -. av-t-mx-. - J--
-irl: f j t tyxspmmwwm r i i ! -- -- -.r - -p-w m -MP.- wm --- -.T ---
Sesatp Jatiuarj j la.'-.
PUBLIC DKBT BltL.
The Senate havini; miV:r cjryiil.ration an act tolioeu-
titled an act glviislne asent or the State of Texas to "an
act to rroYlrteror thcpirment or such creditor or tha laie
Repr.blIcorTexasnsnre csmprchentled In the act of Con-
gress September 9th 1B50" which was pase.l at the xecotul
session of the Ihlrtj-thlrd Congress and approved Febnu-
ry 2Sth.lsU.
Mr. S. A. White of Victoria rose and said .
Mr. President when thl3 subject t-as first presented for
the action or the Senate I was ccrittn; to give a -iltit vote
I believed after tho arjun.e.it or the Senators from. Oaj
(Mr. Tayior ant; theScualor from GaheMon (Sir.t'ottcr.)
who took different vie-3 pfthe tatsliop '.h it there wa9 nn.
thing new to b.e produced. t w.i..t to me that tliesnb.
tcinan receiren 5ti!iruugnincJtigatIon and that nolhin"
new coujd. b mtvanced. Smco then however the railed of
argument has been extended to every Imaglniblenuction
which could be brought to bear upon the subject on which
account it seems to me to be a duty which I owe to n lo-i-tltuents
and to rnvself andperhanj to this Semi tn ! ...
not only the position I occupy but tn jiie at !'; H.ine or
the reasons which have dt;;oiip?a me iu rny prestnt
VVUl'Vi
Mr. Presiit t. show where I stand requires but one
word I vote for accepting the bill. But the reason forlt
.doesnot admitofan answer so laco'iic. It is not of thtt
simple character which maybe resolved by the demon"
tratiou ora single proposition but at the same time it ad-
mits (as I think) or demonstration.
It appears to roe that the rroper determination r this
question depends on th? solution of the folloirta" p-orr.!I-Uons
via :
First was theboLnddry iictan unqitau'rlcd ptucha-cof
to much territory for so much money or was it a compro-
mise by whleh existing difficulties we-c adjusted.
Second were thu United States a pirty in Interest In the
stipulation to reserve the five millions for the settlement of
the first class debt or Texas or were they nyiely stake
holders Intrust for the parties intcrestd.
Third are the claims now presented the same for which
the revenue of the Republic was rdedi-ed or wer flio ...
ject to be defined by the future act of Tesai as was attsirp-
To consider then- Jn ordtf I eonten t that the tatter
clause of the first cfthe proposition It true" that Ihebounda-
ry act ws a cbtcponVlse by which the dlfliculties as to both
the boundary and the liability ct the U. 3 as to tho dbtj
oITexas were fobe ssttled. This is however a conjlmio-i
tha premlsesor whlds are not admitf.' r x t depends up-
on the absolute right or Tom n tn.e territory; a proposi-
tion which is yet problematical tie in-es!iV Ion f which
teetcs to require as tq cwniino the abstract ol title (If I
may be' allowed the cxpr.'Jslon.)
The history of the co in try is well Unowu to Senators. The
territory in question was that or Mexico until the year 1&J5.
It would still have remained there had It not been detached
bysoma or the modes by which territory uy be divided.
Ihe-e usually are by conquest revolution or purchase. By
whl h of these was this country (New Mexico) detached
from Mexico! There is no pretence that it was by purchase.
Then If by revolution by what act was It represented in the
convention of Texasf When Mexico proposed to throw off
the Federal form of Government and adopt tiie centerallsm
proposed by Santa Anna the colonies revolted and cailel
a conv.utlon and In it was rcpre3-n.ted every nluniclpality.
niy er7 commBRity belonging to those rotoltlng colo-
nies tha convention declared themselves Independent and
maintained that declaration and the result was a new St Jc
known a3 thellepubTI. of Texas the q -e-tlon occurs wltat
were Its limits t Were thj3 to b; detjr-smed by the e!Tct
of the revolution It -woald be cc-jtaed to tl.a revolting ter-
ritory. This U-rii.ry m'ght be ascertained by aa enquiry into
what itrritory was represented In the convention that
made the declaration aad that which joined to sustain It.
This territory Is Tell known to every Sent tor on lids door ;
and If any plead Ignorance. I will Inform them that It em-
braced .the department of Bexar Austin and KacegJoches
and extendel no farther within this bound every raunlcl-
paUty and community sent delegate anil there was none
from any other It Is then a fair conclusion that no other
portion of country was severed by the rcrclulloo.
Texas however clalras to connect scrne thicr of csoQaest
with her revolution andljy arfacf f b-r first Oo-igress de-
clared that the EtoOrantte'onrierCouth and West apq tat
I tnde 42 deg. to tne line of the United. Sta.';-. should be her
boundary. IIow far she made ("04 trf's declaration prob-
ably had so-nethln; to dq ith the boundary act in question
certain Itls thalm 1311 she sent troop3 to take pos-esslon
of NcsSIexlco according to the boundary act of 18?5 and
the only default was that the en-roy took po-39tcu ofthe
troops this trifling mistakr might have been a rerious diQ-
culty between Mexico and Texas and hare went far to neg-
ative the right of the latter by conquest and by the treaty
ofIIIdaISial513. The CS. might have had some reason
ts think that she was ubro;td to all the r.ghts of Mexico
This however. Is not a matter ef coarse and I thlnsrhoi
trne In fact for It may be that Texas haa no rT-Jrt"to"?iew
Mexico by either ravotejon cr oonca-st and tlvs United
EU'e-BCtbjJaa-icjItloBtoilfcjyIt 6r take adra.n-s of
It. '
This seems to be not only pcssiye tut the troth ef tbe
case for the Called Sta'Mfc? vmue of the claim ef Texas
lathis boundary t-": possession ofthe terr.tory beyond tho
Kc-s-arier of tshlch Texas had no possession nor f'ora
which were there any delegates to r presest it In the Texas
convention. Fhe not only dons so fcot fonght the battle of
RoacA and Palp .VJf!.t-li wai.so far as she was ccn-ctrnt-J-axpr-eco-raitfonorthe
rlihts ofTexai and
ii It been within the territory of Sew Mexico would have
been conducive as to this propo-Itl-a bit as it li ft may
he contended that it was enry an Ironl''-; .Siii. rcccg-
XUUC3.
This srenld thin at the date of-tAe botrcdary act av. he
right of Tat tjfle-r iiesSeo ti rei. eiujr oa tots implied
ecojoittefrj-' the'rolted States si Jifcrred from the pos-
ltssionsneioosannci--Tawy er.mui6."-co n-
irthistsa 2jr--ji -new ot tne sarjecz uie conciuwn
l-aXthatths ten ninions secured lo Texas by the twmdary
act might not have been tmderstsod by the United Stale
uapo7ro'rucfb-itabarzalaia tie spirit of eootpro-
mU and that the adjustment of the On t class debt for whici
ths duties ofthe republic were pledged eofwid-red la
theact- t : k"l
Tte2adiniposlti--it-tEat)o tse rstc-ratlsa ot the Ave
nSlUcBsof donar- lor thepay-aeat if the first class debt
wretbUi-a-dStAtt a'partjf la IsUre-t or Trj 2iij
IIAlinUTOX P. BEE
ADniAN. JOHX
AKDIIEYJ. SI.
ARNOLD F. J.
ASKEW K. I-
BELL JACK
BONNER WniTMILL J.
BROWN JOHN HFSRY
DURRESS ALLEN 1).
BUSBY MILTON
CHARLTON N. B.
CLEVELAND WM. II.
L'LtiYtXA.MJ LVL.
ORABB II. M.
CROSBY JOSEPI I T.
DALRYMPLF.W.C
DANOY.J.W.
DARDIJV.W.J
DARDEN STEPHEN IT.
I) WIS JACK
DLNNIS ISAAC'
DEVEREAUX. S$i
D!0KSQX.f ' '
DOUfinFRTY V M-
LCTQR. M. D.
KLLISON WM.
FRANCIS JAMES C.
(JAINE? W. B P.
(5 '. JAMES I..
OREEN T. U
(1UY.J.C.
If ALE. II. IV
HINES Ti. II.
HO0Kb.TAML3
JnNKERISAlMJ
KINO JOHM K.
KJTTrUiLL PLEA-i. W.
LATIUM F.W.
LAWIION. JOHN C.
LOCKE M. F.
MARTIN JOSEPH
MARTIN. J. E.
McCLANAHAN. JOHN II. Maanr'ln.
MCCOWX J. lOorptts Clirlstl
Lnrpiln "
I '
Hickory Groye
san Augustine
New Braun'el
Woodland
Ben-Die
. j Pari-
Galveston
Marshall.
Cotton Gin
Wondvillo
San Antonio
Liberty
HunUviuV .
EI Pao-
' Georgetown
La Gnngp
Columbo"
Gob?a!f4
'TVIt-ITMrt.
(.ntdarcA
Clarksville
JMcKlnncy
jllendersou
i ILockhart
Rusk -t
Columbia
La Graifcc
Tarrajst
jUinjerHeW
CnroerQn
fDangerflcid.
Hookers
'Beaumont
Segnin
'Mailiscnville
i Brownsville
Blloxl.
(La Fayette
l-V-''..
tlidll'i7.
t.
Mc-.lLLiDA.iv.
M?Lfa-Y.M.
MERRICK M. L.
M1DDLET0N WM. II.
-MOORE W. It.
NF.ULETT R. C.
NICKELS PETER
NORTON A. N.
OCHILTREE WM. B.
OWI.SGS.L. 8.
PARKER BENJAMIN
PARKER IS UO
PARSONS. JESSE II
PETTC3 T. N.
POAG WM. R.
POLLOCK W.M. 0.
RANDOLPH W. B. P.
REEVES GEORGE R.
RICHAR030N J. 0. B.
RUNNELS II. W.
RUSHING JOSEPH C.
SAYLE3 JOHN
SELMAN.BSNX
SHAW.JAMIS
SHEH WOOD. 1'0RE.S7.0
SMITH ASIIBEL
SMITH NATHAN
SMITn.DEWITf CLINT.
3TEDMAN WJ.
STOirrJlENRY
SULLIVAN J. S.
TARLTON.W.A.
TARVER BENJ.
TAYLOR WM.
THROCKMORTON J. W
TOMPKINS. STEPHEN
TRIGO M. W.
TRUEHART. J. I
WAELDER JACOB
WE-T C. S.
WHITE F. M.
WILLIAMS W. M.
WILLIAMS ELIHU
WITT J. J.
WOOD. J. M.
WORSHA?' ISRAEL
B'llton
Dresden
Sin Antonio
'Leona
Llvlng-toir
Anderfon
Eillnbura.
R!o Grande Cits. Starr.
Nacogiloche. Nacojnloch-''.
Webb. 3
.Smiai.
SanAuasdne.
Comal.
Hopklif.
'Austin i
Lamar.
Galveston.
Harrison.
Freestoiit-.
Tjler.
Bexar.
Llbertr
.WaHter -
EiP4..
Vill!rsjsJfij
Faycttek
Coloradt.
.Goosate.
(Smith
Wharton.
Rask.
Re.1 River.
Collins.
Rwt.
'CaldWell ;
ChtwkOu.
Bra-rbv
Payettp. -
IIupi!U.
.TitiM.
Milam.
Tim
i Hunt.
JenVnoti. .
UuaiLilujKr.
Madiin
Canw-on
Newton
l Upuliia f f
llsnitersi.il. '
Lavaca.
j Anderson.
.Nueces
BeE.
.Navarro
'Bexar
Leon.
'Polk.
Grlmt-
HhlalgH.
Jstlcirf Court 1'rcciiict "Vo. 1 iTiivri co
TUH STATU Or TEXAS I autlon.
cotrj.Tr or TBitts. f J. D.Brown vs. L. S. CSsifleM.
TieStattqfTtHMto tAt Ske.HJ or antLavfaXvgUtr'f
eahl OwntifGrreHnff.
Vl-HEREAS 3 DattglaM Brown h Sieil In rayoQce his
aecrom in wmmg snowing- an mow eUness to hlra
by the ld Levi S. ChatSeW In t sum of ntoety-two dol-
lars tnd forty-ow cntti. Ami oath also baring been filsd
In myolBce by the- sa'd J Douglass Brown that the said
LeriS. ClmtffeM Is not a resident of thU State so that tin
onlkiarjr praeen c-mld be servej upon him
You are therer"-e hereby commanded to eke thaacl
Levl S. ChatBeM by publication of ibis chatlaa rr thrs'.
aacc-mivs week-1 the State Oazette. a twbli- nnn...
printed and published in the city of Austin In Slid eettntr
of the Peace within and for saktcottnty at myoacelnthe
etty of Aartln on the first Saturday in February. ISM to
answersald complaint
Uereoffall not out have you then and there tils writ anJ
yonr iroeeding9 therein.
Given undermyhnd this 9th day of January. ISM.
J. T. GRAVES J. p.
I bert&y cirtify that this U a true copy of the original
wrllnwInmyhindsforservIi. Jan. llth.lSJg.
22-at I. M. BLACKWELL Coast. T. C.
Otmctohand Jan. 11th 1836.
AOTiirrcBTRATlOIV SALE I '
13000 Acroa
Comprising some of the tnesf ruiualle Lands
IK V ESTERS TEXAS
ro ; SDU ON THE
first Tuosdur la February next.
TX oMtsjKC t" an ordr e-f sale made at tfea DrDir
X termIS of tht HojwrsWe County Cow: f Bexar
emv I:tlDi for tne settlement of estates the iinderslru.
wiB sell oath. 1st Ttwaday in February 1558 th.Sth
Ajy f the ttMoth at the court house door. In th city of San
Antonio within legal hours at Public Auction to the bleb"
est MtUer nit the right title and interest of the estate cf
John v. Smith deceased tn and In the foUo-rioc described
property to-wit
1 Leagoe ami Labor of Iaadsltnateil on the. east sWef
the C!botoalct four miles friu iu mouth pattated toJ
W.S-rrithwaKlgoeeofF.CarrUte. -eawj.
1 Quarter ofalCue on the Leona river a part of ta
Ieagt (MtntI to K. Jones and J. W Smith auirn-4r
Anto. Uemes being sur. Tl and sec. S.
1 Quirteron suae river anart of tl l.i-.i i. ...
I same as t-Mtgnceii of Ma. Ant. Dias belnirsur. 9 ami see.
1 3 -ituatedat the Presidio Rio (.rac-ie'ero-sing. ?
i ijaarier ou same nver 4 port of tbe leaguo patented to
sam. aui.-net.or FrM-;ico H-rreru being sir. SI ami
see. 3. -j
i Q-tarter on iwiw river a part ofthe league pattntsdl..
i atsfenewf Jnn CasjHiva being urvrrSS9amt
stctlon 0 v
51 ares on the Clboio being a part of survey S and sen.
1 patented to J. W.Smith asa!gBeenf JoMcste.
Otte-rMrdof akagueonthaCaleraras oripnaBy patsn.
tdtrthe heirs of Eugenio Navarro btmz suivrr'iomi
free. I.
Oneuhlrd of a league oa tiie Salailo luauirtghl f P. CaJH-
well. m
a undltided half ol two Und certificates for me labor
each
Term if Sale. A. credit of 12 months tha parctaser
i-tvine; thesecu Uy required by law.
Any rafrBa"ioti that maybe desired respecting th aberr
Unit can be had at tho ofllee of Vanderllp k MlteltelL
. -.. - "-'-----E.A-ar'xoribefcitaU.
Jan.19.lSW. "-!Jt of J. W. Smith deceased.
Helena
Palestine.
Blrdville
Hendemvu
Honey Grote
Carthace
Nacogdoche
Columbia
Shermsn
ShelbyvlBe
Boston
Rust
Urealiara.
rAlto
Lexington
Galveston
Hotjitor
'Mar-ha"
IlurkcTiile
Henderson
Qtiitman
Richmond
Mar-liall
Wa-hington
Alto.
'McKlnnty
Houston
Bistrop
San Antonio
San Antonio
Austur
iTexitri-i
Pari
San Auj-i'tlnr
Pleasant Ran
Linden
1 Montgomf :)
Kanu--.
lAndemoti.
Tarrant.
mnf.
IVtoola.
iNicogiloclm.
B.-azarla.
GraTji.
Shelby.
Howie.
.Cherokee.
H'BilmjatoB.
'Crr-rtd-ct.
Darteson.
Galvtitofi.
.llarri.
Harrrcn.
Newton
Rmk.
Wood.
rartBerid.
Hnrrin.
Washtngtsni "
Chtre'x-e.
.Collin.
Harris.
Bastrrp
Bexur.
B-xr.
Travis.
'Jieklon.
Lamar.
i?nAsgtutlse.
Osll-4
rajs.
'Montgomery.
t. auxaxscx m. B. x. 1. urrr. x.o.
f n"i.'tai:s jL.F.7iA.siiZH. A: t.orr Of-
SLy 5caaJJv.nirit the Post Oflire Dr. Alcxacdn's resi
lience at li.1. M ArUtar hoose. Dr. Lott' residence as her-
tjson Austin Jan. M. n
HkTCUiL?b "tE.V S.1TJONAI WA17
t'f 'HE subscrtb-r hss im ls.-d a One Copper plats Map
1 of the Uulu.! Stilts Mexic. Central Asrc& and
orciccw.
Cafi C'.eri.-'E. D. McKENNEY Tarrant UopitoJ Co
ljf Aadiiani Oert.n. E. CLEMENTS Sn Anto-rio
Bexar Co.
2d AuAttant CTerXrJOnN ASHLY Au-tln. rravis Cni
TM Aviitant Vl'ri:. THOMAS P. OCHILTREE Naesg-
doehes Nacogdoches Co.
Engnating Clerk TUOS. 3. JOnNSON RoA Che-
rokee Co.
Enrolling Clerk. JOHN M. GIBQNT-Gar-e-4B. Gal-
veton Co.
S'rgeitnt at Arm. HENRY J. TAYLOR-Larlsa Che-
rokee Co.
AuUlani frzt at rHmi D. McSHAN San
At-astlnc San Augustine Co.
Jpor-Xetper. NATHAN WEAVER Pleasant Ron Dal-
Iss Co.
f&infto-r.A"fpcr. GILES S.BOGGES Hend-rso-i
R ulc Co
DIED
Ia the city or Austin of pal-nonary di-ea-' ot th-Hth
inst. la the 29th year of his aie Mr. ALEXANDER MciL-
VIN. of Champaign "couaty Ohio.
f WeitLibertyandLrrbannapapsi.pleiVtcpy.
In Caldwell on the 3d of December 1SJ5 K1CII AUD II.
Infant ton of J. H. and E. II Ugbt'oot.
"Oh! we-p for "Jm the yo-ms and pare tie sweet tb
gantiehearted departed
Wba like a rainbow's fadln;!rae-'u-t n3eI aad then
Oh ! weep for hira the beautiful who. Ilk; a star at even
Jqjt baaoed befo.-s a darksome clocd and hid Its light la
Heaven.
Oh' many hearts are bleeding at tht death of tha; you?-;
beauty psiestdn'j.
And young and old are gathered 'roc-id la 'riendihijs
As shrooded th-re ts spotless -SJt j t-3i so ecbxly
sleeping 57Mplng.
Aad the sweet nnn on hhi aa j-el face would matu. JJds
Oh! Iarrdrs -Ba'Jyln the earli aad trt- his. grave with
v?t repoeea ;
And birds shall swtstly t!sz around where thi. fair Lor
Oh' lay bsa In the soft green earth and uy thei-tear
orSDS lauiss:. . Car.
Methlaks I hear him frcta the skies in sp'rit umisIo oall-
He gone to that tUst land above where angel Irr-i are
breathing. fart t-realo-og ;
Aad seraphs 'round Lis spotie-s trax Lar-toTtolitewert
Why should we mourn? why ii-njij we weep the foil eoid
tears of s3ro-r vcrfcaraorrosr.
He dreads -tacr Ute slcephtsa nlht rur featr "4 fe-
B-gkhj-tryC3e-wtIay thee.here.fil 4uulv4 iriowhi
-t- .""7r- - 1.. ' r. . icuiii;
iMro ccerooa; -sj srapbia thtlr raplre-t Joys ae
DasfroeautiiJ aad sacctifl&l ' swset Sower t early per-
UaM. Ibchtnshed.
t T5 tt-3 IT a! I3 to rrave thy rae-nory Viall
r mm
14. ji. jii'icr.:;NO.-
JATELV principal of tbe Female lastitute ar Mvultsn
J Ala WO! open a Tcrrule School in th North ted of thi
Ofd Capitol In the (Sty of Austin on Monday tbe Soihtest.
n terms OTtuitijn will be the usual rates ami the sefaod
room -(ill Ut &ttl jp 30 as to br made eesfortaMe t
Tbsrrho patron xhU School wllldowell to stud their
children from the U-jinalog or the Term. Cuid aad Iscie-av
ent weather ooold itot prevent Hotupt attesdatue at ikf
-cri-n.1 roeoi has two Urgeure pktws.wbleh wiH te eoitani-
ly f-rrcbhed with wood.
Jan. 19 J2 t
VOT ic.-:.
XANOtt ail Hwn hy th--e pre-enls that ray fataer JOIISfr
V. 1RK.D1ELLCI.LVELANI It myAgeoJ being ts-r
AUtborJzeil aad empowered by Me t act at toco and. Jet-in-
aad iu ray mok to tran-act any aad all business reia-
tdifc to my I1DJ4 or stock in tit- Mate of Texas
tuat Ji Jan. 19 1866. 24 p CH KB D. CLEVELAND.
Al & li SACKS Sea I-fend Cotton S'ed for sal at 13 CO
yt-l 9 per .Blk 3A3IPSON A HKNMCh-L
Jsa. 12 SI 4x
the Sandwich I'laadt. on a larger scalo than anv Van
h-recfore pabllsbed esobracirg the same extent of terri-
tory. In the con-trnction of t.iti work tbt tacit authentic
am: reliable Informafioa bat btn eoDeeted at great labor
ami expense fanalcz the most complete Map of th
Usitftt State and d. cut ccuntrlss rxtant. Will b
told jsclorsively by ssl)crrptbn
3 AUGCSTCS MITCHEIX.
Jaa6 9r rr Ptatdelphla.
A GltO 'I'llAt'T OF L.A2iB FOrt SALZ
Ji i. Th cadersi-i-Md oStrj for sale a Tract of Lrzd kt
Itaitrop couoiy !taat-d oa Maihair creek Crleta rafk
vVe-t of IiiU"p Sfiren nllrs 3ou'b-aK of Aortln.and elrh-.v
mites Soutbw.t of Webberrdte well adapt d to stock er
fanning uarpoKs no about afty acres nuder a good csdar
fence. The houdings am comfortable. Tne tract contains
Aort' ou Ituudrwl and twenty acre sjeariy ail good land
which I Will U reasooabie.
. . . JOIISMOODIE.
Tor infomatloa coot-rslse the situaUoa of the land.
app'y to
Deinl5-aw JOHN FBANK3 or PEYTON SMITH.
NOTICE TO THE RAffGERS.
On Msodgy and TuesUay tho Tth and Sta days cX Jaaaary
ISM the COfspaal-ft of Cap. Callahan Cap. Bentoo aal
Capt UeBiy wUIbe paid off at the town of Sn Marcos. All
meiabers of Mid Companies who may not be abU to t pre-
sent at San Marcos 00 sakl day aad jbo iitd fsrwarcl fr
their pay oust also scad their dopHcat powers of attcrs-7
dcly au htntlcated before thi Chief Janice of the couaty or
sotc N ottry PuUic.
JNO. D. PITT8 Pty.MxitM-.
-in Marcos lotSi Dec
1
IltT'TAIVAT SLAVF.
rpHB22 was ccmmitte-l to the County JaU of Tyler ea
JL ty. Texa on tho Tth day of October a. V. i365 a.
nogro man Uve. named CHARLES Uaeic eoraplezlen
ipki abont 3S or "3 years 5 feet 7 or 8 inches Uh weighs.
Ibttpotuds. CHARLLShas asearorer dnlntl eye aJoa.
two sad a half tmes 'ocg a scar oa the back of ai tent
ati oa. ih-: lift tide aad. alto a kit on the left haad near
Uk tSJrd lotct of tbe thnmb. Cariey Is square bam. has a
iTery plejivj&t roontenan-e. He says he bdoszed to EeS.
tttrcd .n Arka nj vheffi M died that after hts -nt-r' drain
he- trlM to Wit' Sis way to Trans eonary near Aastitf whenr
Ms yr za Mfirfei Aanada daughter of at master K Eeed
d--itj uo r-k deJ an he sapposes that she -orrltd t
Jas. M-ore in Araa-M acd msoved to near AbjHa unS
josrr since the boy is j roagh earpenUr. The owner wH
prove property pay ehargts and tale him away or hi wit-
f ' WM E.aR.iY.Pi-rWT Co.
"W-lTia9tfrN-srS. SecKnl'-laa
-- -wr nrxr- crnTH FAR MAllSJt.
' BBlUnria6rllrClothi!laMeforahaD'fby
A. J7ft.forsil. Appty at th Gaiatto offlc.
S-ptlf. -
a
w
-IT. OL1PHAST Watch-maktr aral Jhr.
?Kaa ttrett .aasua ". - -
K " "P'
sJ ' -m. - -t Jj i i A.
i- -.- j - -si1- . . - - Aii-iiiiM'tiMriiiiiMiigif
l. . '.- -.-?.-' -c - .IT. ' -- iiiiiniiiir -g- l . i mi mis imiiammiiiiiiiHiiii i I'sHf niliiiilirinriTi Miiniimini nil lii yirWWTITinsMTiiilTlil
4v-
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Oldham, W. S. & Marshall, John. State Gazette. (Austin, Tex.), Vol. 7, No. 22, Ed. 1, Saturday, January 19, 1856, newspaper, January 19, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81223/m1/3/?q=Lamar+University: accessed June 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.