The Harrison Flag. (Marshall, Tex.), Vol. 3, No. 39, Ed. 1 Friday, April 15, 1859 Page: 2 of 4
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THE HARRISON FLAG.
f
J. W. BAKRETT, EDITOR.
case.
(
tors and the President or Vice President to reside
1
also believe that Buchanan Democracy affords a
\
Judge OCHrLTREE.—-Ne vs reached Marshall on
out of lexas, held tor the purpose of providing ings, our protection of th ir interests, equally
J H. PERRY.
name.
d.tion to go before the next Congress.
Law Card.—Attention is invited to the
to'd'when in the act of leaving
purchased from Mr Buckley the 20
lisle d ) their purity of purpose, and their accurate and
Esq.
thsu the one suggested.
WESTBURY, Coxn. , March 3. 1859.
P. S —I appeal to the magnanimity of those ed-
itors who have published Mr. Houtn's charges
against me. to publish also this vindication.
had
acre
nest (?) appeals, when he sees their unquall'fied (?)
endorsement.
1
2
hope will result in the payment of the debts and
the prosecution of the,work upon a scale commen-
surate with the magnificence of the enterprize.
Th -refore.
Resolved, That the Compromise of the suit lately
pending between the Southern Pacific R. R. Co.,
and the purchasers under the deed of trust, is an
event, fraught with the happiest consequences to
the stockholders and creditors of the Company, to
the people of Harrison county, of the State and
of the Union.
Resolved. That whatever may have been the
errors and mismanagement of this Company, it
has done much that is worthy of approval
Through its means a survey has been made to the
Pa itic, demoastrati ag the sup riority of this route
over all others; it has constructed twenty miles
of Railroad in Texas, and saved the valuable
Very rerpeetfullv,
C A FRAZER
JUDGE FRAZER’S OPINION..
I
Tne reason gay be four. I in th
the leading he. of the T xas Revolution are dead.
3,5 —c
3-,
We were
Jefferson
DIED,
On the 22nd of March last, at the lesidence of
his mother. Mrs. Mary A. At ills, on Beach Island,
South Carolina, in the 26th year of his age,
Sumpter R. G. Mills, Esq., late of Paris, Lamar
County, Texas.
The Clarksville Standard "III please copy.
To Messrs. W. P. Hill,' R. V. Richardson, and
G. McKay. -
have as little doubt that he would, under existing
circumstances, subserve the best interests of the
State, by ordering its dismissal, and this is our opin-
ion, irrespective of the question, wheher an act
of forfeiture has been perpetrated or not.
Resolved That the S cretary forward to the Gov-
ernor and Attorney General a copy of the proceed
ings of this meeting as soon as he conveniently ean.
The following named gentleman addressed the
meeting.: Judge D S. Jennings. Gen. R. V, Rich-
on Wednesday last that. he
eebsnexnenxsceg-dczSArerzaezesendhesnnestemexencacacaone-ae--a-
FOR PRESIDENT IN 1860,
HILLARD FILLMORE,
OF NEW YORK.
and ought to be made parties.
Another cause of forfeiture, as alleged in the
petition; is. in substance, that, since the organi-
zation of the company, its directors and strock-
holders have held no meetings within the limits
of this S ate. but that all their meetings have been
held in other States. The exception to this alle-
gation must be sustained upon two grounds.
First, The chatter authorizes the directors to
meet at any time or place they may choose, and no
law has been passed to restrain the exercise of
this privilege
Second: It is not perceived in what way the
m etings of Directors and stockholders, beyond
the limits of the state, are inconsistent with the
spirit, maning and obj cts of the charter. The
trusts created by the charter must be executed
witbin the limits of the State, that is to say. the
roud must be built and the fra chises must be ex-
ercised iii Texas, but meetings and consultations
ways and means to build the Road, or for any
other purpose consistent with the nature and Ob
jects of the trusts, cannot. upon principles, be
cons derid a violation of the charter.
Demurrerwsustained and judgement for the De
fendan is.
prospect of securing aid from the Federal Govern-
ment.
Resolved. T at we dem the present prospects
of the great enterprise, better and brighter than
at any. former period of its history, and that the
State suit, for a forfeiture of the charter, is the
only c oud impending over them.
Resolved, Teat wh'lst we do not doubt that Gov.
This is an inf rmation in the nature of a writ of
quo warranto. instituted by the Attorney General
of the S ate under the direction of the Governor,
alleging the following causes of forfeiture of char-
ter aganst this company :
1st. A failure to make a report to the Comp-
troller of the State, showing the capital stock and
the operations of the Company for the years 1855
ami 1956.
2d. Holding meetings of the stockholders a id
Directors out of the State of Texas.
3d Insolvency of the company.
4th. For suspending the construction of the
worl.
5th." Permitting a sale under a Deed of Trust.
him. to call out the militia in
conutiy ; a large body of stockholders have been
add d to it, scattered from Maine to California,
composed of men of enterprise, talent, wealth and
infuenre. thereby giving this Company a comman-
ding position, and through whose active exertions
the true merits of this route have been presented
with such face that they are at present universally
acknowledged.
Resolved That the errorsand mism magem ent
of this company, are judly chargeable to the offi-
cers, agents and employees of the Company, and
not to the innocent and confiding stockholders,
who have, in vesteb their money in the enterprise,
and that j Istice, good aith, and sound po'icy de
mauds th it they should hve every assurance that
they can rely upon our sympathy our ki id feel-
6th. For not having a
fict that most of He is not the man to turn a deaf ear to their ear
yond hi- depth, where he is forced to flounder un-
til some good and g nerous Samaritan, like, our-
self. lorgetting all else but the-claims of humani-
ty, sretchesftth a h iping hand for his salvation.
The Postmaster General, the new man whom
nobody ever heard of before, Mr. Buchanan pene-
trated his obscurity and emerged with him to
light, has just indited a long and melancholy ef-
fusiou to a mail contracter. in which, after dolo-
rously deprecating his inability to liquidate the
four millions and a half of debt a profligate and
ignorant administration of the department hasac-
cumulatd upon it, be. in accents that would
move a heart of stene,pittifully tells his corres-
pond at that their will be no extra session of Con-
gress, for the simple reason that “ the choice of
the Pres.dime has been undoubtedly a choice be-
in the State of Texas on and since the 19 th day of
June, 1858.
A general demurrer with special exceptions was
filed to the petition • The case tv is argue I on be-
half of the Defendant by Judge D S J nnings
J. Marshall. and W H:Bristow, of Harrison coun-
ty. Texas, and R. V. Richardson of Memphis
Tennessee. On behalf of the state by J. M
Clough District Attorney. A. Pope, and A. II *
‘Willie. of Harrison county. 'Texas. After an able
and elaborate di mission the court delived the fol-
lowing opinion : the Hou Charles A. Frazer, pre-
siding :
In deciding the questions argued and submit-
ted upon this demurrer. I may say, that their
novelty and difficulty might well excuse different
minds for coming to adverse conclusions from the
same promises, or for making different premises
and. of course arriving at opposite results
The first point on the demurrer is, that the leg-
islature not having authorized this suit to be in-
stituted. it ought to lie di-missed for want of au-
Treasury held out. T ey wil' not plead guilty to
the charge of abandonment, set up by the editor
of the H raid. In this aspect of the case they
had better join in his alas ! because the term of
the bachelor • f Wheatland is limited aThey
would doubtlessly have sustained the old Federal
gentleman in his very modest denand for thirty
millions of dollars by which he expected to call
forth enough sympathy to bar any limitation to
be plead, aguinst him. If the collarites of Texas
are in earnest in their indorsement of thechiefex-
tutive, .they ought to cry .alas I and appeal to
him in such terms that he w uld feel in duty bound
to unsay what he said in referei ce to one term
pression of public opinion, pit
with our own, and that thes have nothing to ap-.
prehend from the admiaistration of the Govern-
ment of T xas or its laws
Resolved T.ial this r >ad. intended to traverse
the centre of our State. will be of it calculable
benefit to every portion of it. anl th it it ought to,
and we believe will, receive the aid a 1 encourage-
ment of the people of T :x is, en misse.
Resolved, That the friends of this enterprise,
entertain no jealousy, and recog ize no conflict of
inti rest with this and my other ro id i i die Sate
or the S uth, a id tu.it they deshe the cordial co
operation of all.
Resolved. That the recent difficulties which have
embarrassed the Company, have hid the salutary
effect of drawing puolic attention throughout the
Union, to the sup riority of this route, and to the
munificent doatis of Texas supporting it, and
under pioper management for the future will re-
dound to the good of the enterprise.
Resolved Tuat a Railroad to the Pacific is a set-
tled conviction, in the public opiioa of the coun-
try. and with this Company free of d bt, with a
property of two millions of d llars. a l a stock
sion 'o rebut the calumnies, [as he said] by which
he had been assailed." The precise nature of I safe anchorage, or at least di I. while nicle Sun's
It was moved and carried, that the proceedings
of -this meeting be published in the Texas Repub-
heart, and Harrison Flag, and that all ■ papers
friendly to the enterprise, be requested to copy.
Ou motion the meeting then adjourned.
JOSEPH MASON, Chairman,
G L. Hill, Secretary.
THE EXTRA SESSION.
As we informed our readers on Sunday would be
the case, President Buchanan has taken the back
track in the extra session business; sagely concn-
ding that, however good such a proposition might
be as a bug-a boo to weak Congressional nerves,
before an adjournment of Congress, it inspired no
sort of feverishness after that event. Nor, indeed,
was anybody ever very much distressed about the
subject, even when the runner's of the White
House and the veracious correspondents of the '
provincial press were heralding it everywhere be-
fore the asembled wisdom-of the Republic had
yet brought their labors to a close ; for no one is
easily imposed up n by a menace from a weak,
irresolute an i pusillanimous politician, any more
than they would be by the bleatings of an irate
sheep. The humbug was; however, kept up with
seeiing sincerity to the last, outside of the Pres-
idential mansion, by the sycophants and time-
Mrvers who hold the occupant in leading strings;
and up to the lst moment, as would be seen by
our Washington correspondent’s letter, published
on Sunday last, tl e ridiculous impression prevail-
ed that the S ige of Wheatland was really in ear-
nest in giving the assurance that it was his inten-
tio i to call an extra session of Congress.
We were not imposed upon by such givings out;
our credulity is not quite so plentifully developed
as to b lieve that a man so consitutionally feeble,
effeminate and puillaaimousas Mr. Buchanan has
ever been known to be, is ever likely to take a
bold or maly stand upon any question, or in the
evening of his political and physical days evince a
boldness, a hard.hood and a courage, for which
qualities, when yet a comparatively young and
aspiring man. ke never had a particle of reputa-
tion Consequently. accurately weighing the ex-
act state of public affairs, and looking at the cor-
rupt surroundings of the President, we are enti-
tled to no ] articlar credit for having truly prog-
nosticated that no extra session of Congress would
ever. under any circumstances, be called by Mr.
Buchanan, for it was apparent to us that he had
liver contemplated such a step, or threatened it
with any more, sc ions designs of carrying it out
thin he entertained for the acquisition of Cuba,
the dismemberment of Mexico. the assertion of
American supremacy in Central America, or any
other stupendous humbug he has embodied in his
addresses or con versation at the instigation of the
arch knaves who beset his path and shape the
purposes of his administration tor their own ulte-
rior ends. The thirty mill on proposition of our
old friend of Honmas notoriety, was a transparent
scheme to facilitate, not the acquisition of Cuba,
but his own nomination at Charleston, ard yet
wien first introduced into Congress, the poor old
Sage of Wheatland was actually made to believe
that it was intended as a trump card to be played
ia such a mapner as would make . the vilest and
mist scandalous admnin’stration that has ever held
office in this-country, go into retirement and ob-
scurity in a blaze of glory. Our old septuagena-
rian Honmas fri nd moved the pieces on the board
with his isual cousummate dexterity, set all his
wires in motion to keep his old chum in good hu- *
mor with his proposition placed about the White
House such reliable contederates as Bennett, of
the New York Herald, and bytheit flattery, ca-
jolery and dec ptio.i. absolutely for a considerable
lime, made tne weak minded old gentleman actu-
ally believe that he himself was the author of the
thirty million scheme, and that the glory and the
profit of its success would redound exclusively to
liis own personal advantage Our venerable Hon-
mas friend however began to chuckle over his tri-
umphs prematurely ; he began to hallow, in fact,
before he was out of the woods, as he usually does,
and away went his fat in the fire in consequence,
and. with its vanishment in a noisome fl line came
his present necessity of coming here to run round
groggeries. keep open house, hug greasy election-
eerers, and scratch the itching pa ms of the Thug
scribblers, who evince such an alacrity to enlist in
the s rvice and d » the dirty work of some new and .
fiithv mister, i.i order not to lose his seat in the
Senate in the next co itestfor a place no longer
r garded here as the reward of integrity, exalted
worth: brilliat talent and tried patriotism.
In all these mov m nis the poor old gentleman
of the White House has been shamelessly decived
by the agencies Ins weakness, credulity, vanity
and gullibility have surrounded him .with, and
now he finds that after his evil counsellors, have
committed him to the most foolish and ridiculous
propositions they sneak out of the way to allow
time to the subsidized scribblers in their pay to
attach the blame anywhere but where it rightly
belongs As faithful historians of current events, ,
we have endeavored, in our sphere, always to put
the saddle upon the right horse, and. to affix cen-
sure and blame, not upon innocent scapegoats and
dupes, like th • President, but where it ought to
be affixed, t“ those unserupulous old knaves, who
adroitly plunge a poor old gentleman in water be-
Death of an Edi TOR.-eThe sad intelligence of
the death of Mr. J. W Latimer, editor of the Dal
las Herald, reaches us through the McKinney Mes-
senger. According to it, he died very suddenly
on the 6th inst. Death ensued.it was supposed
from an injury he received upon the head, from a
stick of wood he was carrying into his dwelling
for fuel. The wound was so slight that nothing
sei ions was anticipated, but the night after the
accidei t he becan e deli:ous. and so continued up
to the time of his dealt. Mr Latimer was an
able editor— me of the first ability in the State.
His death will beuniversaly deplored—his los
irreparable. Long will he live, with the editorial
corpse ia m rrory’s tabernacle.
Jefferson.—J. F.or Kailroad Brown is.
indeed, as- the Gazette said leveling the
the first Monday of December, when Congress
will be full”—and he waits accordingly, and the
cabinet, of which our friend of Honmas renown
was to fill the chief place, will remain unmodelled.
I- there no balm in Gilead, no (political) phy-
sician there?
Gen. Walker.—The New Orleans Delta of the
5th ult.. says :
Gen. Win. Walker, accompanied by Col. Bruno
Von Fatzmer. leaves by the steamship Pennsylva-
nia. this morning en route for California. ’
served to the people. It is conceded by the coun-
sel for tne State th it the Governor or Attorney-
General alone has the power to direct the insti-
tution of this suit—that no act of the Legislature
has authoriz 'd, it. Has.the Governor such power
by the Constitution ? Sec. 10 of Art. 5. is relied
upon as confering this power. " He (the Governor
shall take care that the laws be faithfully execu-
ted ” But this power is simply and purely execu-
tive. as distinguished from legislative and Judicial
powers in exeruising.it, he acts without the
aid or cooperation of ei'het of the coordinate De-
partments of the Government . If a mob should
surround the court, determinid to arrest by force
of arms its proc-edings, and the Sheriff could not
otherwise disperse it, it would be the duty of the
Governor, upon requisition properly made upon
Red River.—According to the South Western
ofWdnesday last is falling opposite Shreveport.
Upper Red River is reported, by the Era No. 1, as
very low and falling, there only being ten inches
water on White Oak Shoals.
-E R. 8. Parham. Esq., says the South West-
ern. was attacked Saturday night last, when on
his way home, by three men, on the Texas road,
near Shreveport, k osked down with a slung shot,
severely beaten and robbed of about twenty-seven
dollars. Two men h ive been arrested on suspicion
of having committed the need
LIVERPOOL March 21—The Liverpool cotton
mrket is active at an advance of Jd , which ad-
v ance was caused by the pacific tenor of the news
from the continent.
I he sales of cotton on Monday amounted to
12 000 bales. The quotation by the brokers' cir-
cular. were : fair Orleans. 8 ; middling do. 74d.
New Youk April 5. — The cotton market closed
very buoyant. The sales to-day amounted to 5000
bales at a small advance- Flour and corn, both
declining.
(‘LEVELIND. (Omo) April 5th.—At an election in
t"u s city toi municip il ofliceis and representatives
to the State Legislature, the republican elected
their candilate fot mayor, and all their candidates
forrepresantitives
DETir, (.cugan) April 5—At the election
held in this State to-day tor the election of judge
of tire supreme court of the State, the republicans
elected their candidate by a majority of about
10 000.
thority in the Attorney-General to institute and
Sunday eve-iing last that Judge Ochiltree had met prosecute it.
have known’that it contains glaring falsehoods
He mrst know that could Gen. Rusk be reanima-
ted. he would denounce it as a batch of wilful and
malicious falsehoods. Before his indignation,
could he be resurrected from the mansions of the
dead, this Yankee slanderer would be in search
of an abode with bats and owls. The imperti-
nence of this wretch is withnut a parallel. H
while uttering the vilest lie tat eve: proceeded
hom" slanderer’sthroat, to talk about vindica-
ting the truth of history is too monstrous
1 he heroes of the Texas revolution are fast
passing away, but it is*gratifying to'know there
are yet a few of these Spartans left, to vindicate
the "truth of history.."‘and hurl the lie in the teeth
of him who dares to set ti nth at defiance, prompt
ed by hellish prejudices, to asperse their chief-
tain. whose blood crimsoned our plains while bat-
tling for the expulsion of Mexican tyranny, and
the establishment of the civil and religious bless
ings we now' enjoy.
We cannot but think th t those who give pub-
licity to such callumniev only increase the popu-
larity of him justly entitled to the appellation of
the Father of Texas. Here follows what is head-
ed in the Galveston News.
A Reply to Senator Houston.
To the Editor of the A'ew Turk Tribune:
Sir :—In the Uribune of Tuesday last. I find a
report of the "last words” of the "Hero of San
Jacinto,” in the Senate Chamber of the United
States. According tc your reporter, the retiring
Senator garnished his spec ch with some extraor-
dinary charges against me. It would seem that
he was inwardly'moved to stulify himself in this
manner, by the sight of the Texas Almanac, and
the report of a lecture delivered by me on the sub-
ject of Jan Jacinto Ald he "embraced the occa-
list reprisentiug thatvalue.it will be in a con-—-------
with every Louisville. April 4.—At the municipal election
in this city to day. the opposition candidate for
major was elected by 430 majority.
Post OEICG AFFAIRS —A Washington dispatch
to the New Orleans Picayune says the President
and Cabinet nave recalled their decision, previ-
ously reported, to call an extra session of Conr
gress in August next, and have determined, that
o extra session of Congress shall take place.
Senator Gwin, of California, has been telegraph-
ed to, to that effect, so as to give due notice of the
Ex curive views on the subject, at the earliest mo-
ment to the Postoffice and other officials and con-
t ac ors in-Cali o nia, Oregon, etc.
The large contractors for the Postoffice service
Will have to wait for their pay, for the action of
the next Congress. The smaller ones will ge
their ci rtificates cashed.
The Portmasters are to help themselves. (This
means, we suppose, that the Postmasters are to
get o i the best way they can.)
Runnels was influenced by pure and patriotic mo-’
I Messis. Pope and W illie. "tives, in directing the institution of said suit, we
tween great evils ; but in his (the President’s)
char er of this incorporation to the south and to th : judgment, the lesser evil would be to wait until
Law Ciild o
accret'd at or before that date. The act of De
majority of the Direc cember 19th. 1857, is such an act a so it is true.
Be-The Repnblican’s squib in his last
in which its ediior stall'd that his cotem-
porary of the Flag seemed to he behind
fhe news, we conjec ure, referred to t he
subject of the Southern Pacific Railroad.
We presume he is in the same predicu-
ment. Inournxt we will endeavor to
enlighten him —till then be patient.
For the present we only have further
to remark that the meeting, to give ex
HOUSTON SLANDERED BY A WOODEN NUT.
MEG YANKEE.
Below will be found a tissue of falsehoods; per
■ petrated by a Conrecticut Yankee, through that
abolition sheet, the New York ribune, intended
to tarnish the name tf the soldier, statesman
and patriot; Gen. Sam. Houston. Before c spying
the piiCe of Yankee scurrility, we will be excused
for making a few remarks. The editor of the Gal-
veston News is certainly not very kindly disposed
towards the warworn veteran traduced, otherwise
he never would have copied without comment,
the article to which we allude 'The editor must
commanding intelligence. I know that they
would not attempt the exercise of any powers,
which they do not believe to be clearly delegated
to them, and, as b fore remarked, the most honest
minds may well differ upon this question To my
mind nothing is clearer than that the Governor
the Legislature or the judiciary can only exercise
powers expressly delegated. They cannot claim
power by'intendment or construction. I abhor
judicial Legislation ; and if I believed that I could
in my discretion assume jurisdiction over matters
not expressy confided to me, as a judge, by the
constitution and laws, I would resign my office,
before sig ifi ng this judgment.
'the next point on the demrurrer is, that the
State has ivaive.d its right to claim this alleged for-
feiture and that this- is shown by the acts of the
Legislature; in reference to this Company, made a
part of the petition in this case:
The right of the State to make this waiver is
conceded by the Coun el for the State, and that if
made it may apply to all the alleged causes'of'
forfeiture. The counsel of the defendant contend
that the act of February 7th, 1853 does not apply
to this company, because it was enacted subse-
quently to fhe date of its. charter. I think differ-
ently. It is shown in the* petition that the com-
pany first-organized April 16th, 1853 subsequent
to the passage of the act. Thelr organization was
the act of acceptance of the charter, and they took
it subject to the provisions of all general and
special laws previc usly made and applicable there-
RAILROAD MEETING*
According to previous notice, the citizens of
Harrison county, assembled at the Court House in
Marshall, on Wednesday, the 43 th irist., to ex-
press their approbation of the Comproiuise, which
has been effected by Ahd between the two contend-*
ing Railroad Companies
The meeting was organized by calling Judge
Joseph Mason to the Chair, andelecting George L.
Hill secretary. • • ’ •
On motion, a committee of six was appointed
by the chair to draft a preamble and resolutions
expressive of the sehse of the meeting, to wit:
Messrs. Josiah Marshall." R. W. Loghery,. Gil
McKay, V C. Swanson, B. Smalley, and J. White-
horn, who reported the following which were
adopted
Your Committee, having been empowered to ex
press the sense of-this meeting, beg respectfully to
report.
That the public men and the people of exas
have regarded, for many years, the project of con-
structing a R ilroad t the Pacific, with deep so-
licitude. That as far back as 1849, public at ten-
editor, which runs thus :
I he report alluded to above was handed into
our office by one of the most distinguished friends
that out coloted citizens have. His object was
fun, and nothing else.
The wo d Demaeracy possesses charm over
gullible American chi- s but little less than the
smoic •as ove. the wren. .But as remarked of the
temple of liberty, by one being lead to execution—
* Democracy ’ Democracy ! what crimes have been
done in thy name.” We don’t pretend to give a
literal quotation, but. simply to convey the idea.
Now we care nothing about how much the Democ-
racy of Illinois love negroes., but whenever we
find themclaming them as citizens, it is time to
remind them that the Dred Seott decision forbils’
any such recognition. While this practice is con-
tinned we trust ve will not hear Southern Dem-
ocrats prating about how true their Northern al
lies are.
They aie lawyers of acknowledged abili
ity — men of integrity and tespousibility .
We bespi ak for thorn a liberal share of
patronage.
G#A correspondent of the Waco Southerner
suggests the name of Hon. E. Clark, as a suita-
ble man for the Gubernatorial chair of Texas, the
next term : in remarking of which the aforesaid
paper says, in substance, that should Governor
•District COURT. Harrison County. )
Spring Term. A. D. 8859 j
The State of Texas vs The S. P. Railroad Co
that this is a general law, but the State- cannot
object that its prov isions were not intended to ap-
ply to this company it certainly does embrace
all railioad companies in existence, at. its date.
In my opinion the waiver -applies- to all the alleged
causes of forfeiture:
In connection with this general law, may be
' cunsidere d the effect of insolvency as a cause of
forfeiture.
I do not. consider it necessary to discuss or to
declare the law. as it was prior to our lexrislatioh
on this sulj ct. Certainly, as applied to file case
at. bar, insolvency is not now a cause of forfiture.
By the law of December 19th. 1857, the State has
expressed its will. that, if a Railroad Company is
rundown to bankruptcy, its charter and property
may be sold, and so far from this state of facts en-
tiling the State to r claim the franchise, it ex
pressly negatives it. by vesting in the "purchasers
at said sale, as against the State, all the corporate
power and Franchises originally granted by the
charter or the general laws of the land. This in-
volves also, the conclusion that the sale alleged in
the petition to have taken place on the 1st dy of
June, 1858, is not a cause of forfeiture. By the
4th section of the charter, the franchises of the
i tompany are made personal estate, and assigna-
ble. in the forms prescribed hy law. By the act of
December 19th. 1857, the railr ad and franchises
of the company were made tle subject of sale nn-
.der a Deed of Trust. The averment in the peti-
tion. is, in substance, that the sale WHS made on
the 1st day 0- June, 1858; nnd er a Deed of Trust,
and that J. M. Saunders. ef ids., became the pur-
c lasers theereof. These facts, if true, establish
three propositions, first :
That, if by the sale, the comp mv was divested
of its property and franchises, it was done, in a
mode rec.gnizd and permitted by the state, and
if so; the State cannot, by this suit, recover the
fanchise from the company : second • That if, by
the sale, the purchasers acquired, by consent of
the State, said property and fra chises, with the
prilege of organizing as a corporate body and ex-
ercising all the corporate powers and franchises
granted by the' charter or the general laws of the
land : thin tin Sate cannot recover the franchise
from them : there being no cause of forfeiture,
such as i solvency or any other matter, alleged
against the purchasers : and third : the sale of the
Road and franchises are properly introduced, how-
ever. into the petition, b cause it shows the pro-
priety of making the purchasers defendants—they
claiming the property and franchises under color
of title : For this, I rely upon our system of
elsewhere, was rather a chilly affair. No
one addressed the meeting but Fowlkes’
Attorney’s, we believe, except Col. Scott.
We did not hear t! e latter, but suppose
he was not very enthusiastic The othes
were well pleased we have no reason to
doubt not only with the compromise but
with tbeznselves.
Island in front of the town, which will
’ere long be a part and a very promin-nt
part of Jefferson Should he pull uu
stakes and cast his lot with the Jofferso.
n ans we may expect to see his recent
purchase, in splendor, rival that of the
former home of Blannarbassett. Then
likearBurr, We may, sometime, drop
in to share his hospitality.
against his change of residence thiiher,
the allusion to his twin monuments of
the female persu sion and all that there
is some danger of losing him Yes he
is not onlygg,gngbnt We fear gone.
Who are the SIMON Purer ?—-But a1 very short
time since the Democricy of this section of the
country, denied that the New York Herald was a
Democratic pap r. Its’editor is the special pet
of his Excellency the President. It concedes tha
the opposition may carry the next Presidential
election, but is 'sati-fied with the administration
of Mr. Buchanan,’ which, it says.-‘affords safe an-
chorage for all lovers of the Union ; but alas!
‘his term is- limited.’ The Herald’s theory is that
the Democratic leaders have traitorously aban dog-
ed Mr. Buchanan arid thereby ‘demoralized and
broken up their party without redemption.’
The Democratic Journals of Tex ts will no lon-
ger dispute the Democracy of the Herald Tey
editor knows no more acceptable man (to him) Lime, Esq., Col. W. H. Bristow, and P. Murrah,
this frightful decent the Judge is now at home with
whole bones and regarded as entirely out of dan-
ger, “The judge is an old coon, so to speak, you
all know, and there is no loubt but that his pres-
ance of mind in clinging to the buggy saved his
life—it, coming in contact with the surface and he
with the box supported by elastic springs ’The
horse escape with but little harm—the Judge being
of pretty hug proportions, the buggy, if it could
speak, would tell a tale of woe
We have but one more remark to make, and
that is that so fast a town as Jefferson should keep
its thoroughfares in a little better repair than hers
are.. 'This they will admit,-
1e The Austin Inlelligencer frarklv
admits that there are divisions incurable
in the Democratic ranks Ihat’s honest.
l‛he editor is entitled to some credit for
his candor, and a great deal for the man
ner he express it. ’Ie says :
“ ‘The most blind and devoted partizan
mnst admit,.that in Texas there are di
visions, we fear incural le, in the Demo
eratic ranks.”
An honest confession is good for the
soul. The editor of the Intelligencer is
not, it would appear, beyou d the reach
of mercy But while he has not hesita~
ted to expose the abuses of the swind-
ling bogus Democracy he clings to the
name with feline tenacity He is not so
blind that he can’t sre that the m>sl blind
must admi there are incurable divisions
in the ranks of Democracy. Will he pre-
tend that, she incurable divisions are with
out cause ? Would he dare make the
declaration ? If so w may be disposed
to quote a few paragraphs from his sheet
in reference to the public printing and
other abuses alleged to have been perve
trated by those holding office alone by
virtue of ha ving assumed the name of
Democracy. Treasury pap is a favorite
vhrase with him and he wellkiiows that
by scheming Democratic Demagogns the
teats of that institution ar now as dry as
a powder house Should the Intelligent
cer question this it may find it d fficult to
to. But, although the company accepted the
chai ter encumbered- with the provisious of the
act ( f February 7th, 1853. I consider the provis-
ions of that act, as far as they are material to this
case, directory, and that a ‘ailure to comply with
the requirements cf it, does not involve a forfeit-
ure. provided the company can and does show that
such failure is not inconsistent with good faith to-
wards the State, or that its condition or that of
the Road is such as' to make the requirements of
the act inapplicable to it. But if, since the organ-
ization of the company, the Legislature has, from
time to time, enact d laws which recognize its ex-
istence, and which are designed to aid the execu-
tion of its trusts ; such laws manifest the .will of
the State,’ that the compan"shall continue to ex-
ercise its- franchises and directly contravene the
object of this suit.
The act of August 26th. 1856 is conceived to
be such an act, and is a constructive, if not an
express, waiver of all causes of forfeiture which
strength sufficient to protect the court. In doing
this, he would only execute the will of the peo-
ple declared in the Fonstitution. and would exe-
cute it by the use of the means placd at bis com-
mand for that purpose. Through the instruments
of his power he acts directly up in the subjects of
hisjurisdction. and not through a coordinate
branch of the Government. Whenever in the
pursuit of an object, he is led to the confines, of
another jurisdiction, he must not cross the line
and invade it. If he can execute the law by the
use of the m’ans and instruments placed at his
command by the constitution and laws, be ought
to do so. But when their execution can only take
place through another department of the gov-
ernment he is a stranger to the proceeding.
He canot call upon the judiciary to act upon
any matter pertaining *o the exercise of its juris-
diction. The ca‛e at bar pertains alone to judicial
and-not to executive powers. If the S P. R R
Company has violated its charter and subjected
itself to the judgment, ol forfeiture, it is compe-
tent for the Governor to communicate this fact to
the Legislature and the Logislatre being thus in-
formed may declare the will of the people, either
by waiving the forfeiture,or by directing the At-'
torney .General, the law’ officer of the people, to
prosecute a suit in the judicial Department, to
find the facts and to cause the law to be d clared
upon the same. And here begins the power and
duty of the Attorney General in this matter. As
the Governor is the constitutional officer and agent
of the people to execute the laws, so the Attorney
General is the consitutional officer and agent o
the people, to represent their rights and interests
whenever they direct the same to be investigated
mid adjudicated by the courts. Until so directed
he cannot act. He may advise the Governor that
upon certain facts submilted to him, for his opin
ion. the right of the State to claim the forfeiture
has acrrued and upon th's advice the Governor
may n commend the Legislature to i. itiate the
proper proceedings to have the forfeiture declared :
but such advice and recommendation being given,
their pow r is at an end. until the Legislature
considers of the matter so advised and recom-
mended and determines for itself what course to
pursue. It may adopt views,and conclusions dif-
ferent from those advised and recommended by
the Governor and Attorney General and decide
not to claim the forfeiture ; .r, it may adopt their
suggestions and direct proceedings to recall the
franchise.
These opinions are entertained and expressed
without intending the slightest reflection upon
the motives or the intelligence of the Governor
by whose direction, it is admitted, this suit has
been brought, or upon the Attorney General, who
has brohght it. No one knows better than I do.
HIt becomes our painful July to
record the death of *nmpter R. U. Mills.
Esqr.. this week With .he deceased we
were personally aequainted, and feel that
more limn a pssing notice to hi memo-
ry is due at onr han is The subject ol
these rmnarks emigrated to Texas in
1853 — was admitted to the bar of the Su-
preme Court in 1854—was elected Dis
trict torney of the 8th District in 185.6
—re elected in 1858 — resigned on ac-
count of ill health in the fall of that year
— spei t the winter :n Florida—returned
and died at his Mother’s residence, as
stated in his obituary notice. Wherever
known he was respected—was a young
man of high promise. IDs brother, Judge
John T M ills, at present a citizn of this
county,-was one of the early pioneers in
Texas. He and tne relatives elsewhe,
have our sincere sympathies in their sad
bereavement
with an accid nt. on that day, while crossing the
■ bridge opposite Jefferson when- on his way to the
Cass County Conrt, which it was thought would
terminate his mortal existence. The sad tidings
spread, as with a mantle, a thick gloom over our
city, the Judge’s present abode. Upon the recep-
tion of the sad intelligence I is family and some of
his old,friends, the editor of the Flag included.
hastened.ro the fatal spot, to know the worst, and
foi the purpose of ministering as far as possible to
his relief. But we are proud to state that his in-
juries were .trifling when wO take into the account
the imminent peril to which he was expose). To
illustrate which, it becoms necessary to briefly
explain which ve will proceed to do. Just before*
reaching the stream. And at a point wl ere the
bridge was about seventeen feet above the surface
of the earth., his horse became frightened and in
backing from the scare crow backed the buggy in
which the Jukge sat. against the banister of the
bridge which 'eingin a decayed condition gave
way when the Judge, buggy, railing., uprights,
horse, and all. in obedience to the laws of gravita-
tion. enme down in a hurry. Notwithstanding
THE COMMERCE OF MARSHALL.
In the way of goods, wares and merchandise,
the City of Marshall never before presented so
great attraction as it does at present, in proof of
which, the trading public, to be satisfied, only
have to refer to our advertising columms. Mar-
shall, we may safely assume, is not surpassed, in
the dry goods line, in point of 'quantity, quality
or styles, by any town not containing 3000 inhab
itanr6 within the limits of this broad republic.
Here, too, we have more churches and church-
going people, more and better schools, more lads
and lasses to be schooled than any other town in
all this region of country-more and better water
than any other place of like stze—more sweet
singing birds—more fragrant, rich and rare flow-
ers, etc . than can be found in like circumference,
from Maine to California.
But what we were going to gay is this: The
rapidly increasing commerce of Marshall and sur-
rounding country is such as to inspite us with the
hope an i belief that a paper of the size of the Lou-
sville Journal can be sustained here. For the es-
tablishment of such a one we intend to bend ur
energies. We therefore propose to enlarge our
paper to the size mentioned, at toe close of the
present volume, which has thirteen numbers yet
to run. To enable us to carry out our intention
those in arrears must come to the rescue. Let us
have an earnest of the fact, and by the completion
of this volume you shall have a paper second to
but few in the Union, in point of size, at least.
Will you po Ir? ■
GThe District Court of Harrison county will
adjourn sine die on to-morrow.
8 1 he District Court for Panola county, Judge
Frazer presid.ng. will commence on Monday next.
V To Dr. A. S. Johnson, recently returned
from New Orleans, we tender thanks for late city
papers.
G Thanks to the officers of the steamer B. L.
Hodge, for a file of late city papers, which came
to hand through the politeness of our obliging
friend, Mr. Jones, of this place.
Health,—The editor of the Flag was one of the
men who drove down a stake iii loco ting Mar-hall,
and he is pleased to say he has never known it
more healthy in th is section of the country, than
it is at the present.
G W. A. Tarlton. E-q., formerly of this place
but at present a citizen of Austin advertises land
certificates for sale, ihis week. Refer to his ad
vertisement. Certificates are scarce. He has them
in siz s to suit purchasers. Send and obtain them
while you may
The WEAHER. — We had heavy raiuson Tuesday,
and a little on Weduesday •n the latter night,
it cleared up and turned qui te too cold for gar
dens or the growing crops.
t8 We are highly gratified 11 announce the re-
turn of M J. Eaton, who brought with him the
wife and the lemainder of the family of our wor-
thy President of the Mrshall Misonic Female In-
stitute. l hey are welcome, thrice welcome in
Mirs mil
G We would b । glad to comment upon the
Rilroad meeting, the proceedings of which are
published elsewher ■; also upon Judge Frazer’s
opinion, but for the ws.nt of space must defer it
till the next issue.
New Goods and New ADVEHTI-LMENTS.—It is •
our custom.to call attentiou to the advertisements
of our patrons singly, but at present the crowded
condition of our colums will not permit us to do
so. Instead of which (trusting our friends will
take the will for the deed.) public attention is
perticularly invited to the following mercantile
advertisements :
. Messrs. J. N. Coleman & Co.
Mr. R. T. Hyde.
Mr. M. BREDIO.
Mr. E. SOHWARTZ.
As remarked in our last issue, Marshall never '
before held out such inducements to the trading
publics she does at present. We trust our plan-
ting friends will examine our market before going 1
further, where the chancesare they will fare worse.'
Concentrate your custom if you feel an interest in '
your county town. • ‘The adoption -of this plan is
th3 only one to insure goods at cheap rates.
G#TheVicksburg Whig and the Washingion
Union are very severe in their comments upon the
lpt Cuban speech of Senator Albert Gallatin '
Brown, Senator from Miss, 'fhe former says, il
there is a sensible man in the whole State who.
after reading the sickly twaddle and insane bal
derdash of that speech, does not feel ashamed of
their Senator, he ought to be ashamed of hiiself
The same paper, to show the ignorance of the ex
Governor, quotes a sentence from said speech in ’
which the speaker stated that he, himself, was
from a State which exports ‘ fifty thousand bags of .
cotton annually.’ ‛ Missis:ippians don’t you feel ,
pleading and practice by which all persons having
numbers and an interest in the subject matter of the suR may
Runnels be sent to the United- States Senate, its ardson, J. Marshall, Esq.. Col, W. T Scott, Geo.
While Gen. Rusk, who superceded Gen. Houston
at San Jacint. lived.- the latter never attmpted
to deny such facts as those contained in my lecture
and the Texas Almanac for the current year
Gen Houston now endeavors to defend hi aself
against the testimony of history, by an attempt
to impeach those who relate its incidents.
The retiring Senator makes two charges against
ine
1. T mt I “joined the Texans from patriotism
connected with an attempt to st 11 a free negro girl
in New Oil. ans.”
2 Tuat h id it not been for his (Houston's) clem-
ency. I Wi uld have been executed in T xas for
holding • ‘communicati >n with the enemy ”
The simple reply to these shameless imputations
is that they do not contain a single el ute d of truth.
Tuey are false, malicious and foolish
it is known to Col' De"Rusey, then superinten-
dent of the Military Academy and to a few hun-
dred other officers of the United States Army,
that I engaged in the Texan service, while connec-
ted with the Military Academy at West Poi.it.
when, as yet, I had never seen New Orleans I
was never engaged directly or indrectly in the
purchase or sale, or in a negotiation or conversa-
tion about the pnrch iseor sale of a human being
of any description, at New Orleans or in any other
pace.
l’hat I am "indebted to General Houston's clem-
ency for any thing is a sheer fabrict lion I en-
teredthe I exa i service as a volunteer, and was
with the arme during the camp ugn of 1836 1
participated in th action of Sui J icinto, and re-
ceived from Gen. Honsto on the field the public
expression of his thanks for ray assistance, and I
witnessed his deposition from the command by
the acclamation of the soldiery and its assumption
by G n Rusk. Less than thirty d i’s after the
battle of San Jacinto, I receivd. as Pr sident Bur-
net was pleased to say, for " distinguished servi-
ces” on that occasion, a commission in the regu
lar service, and very soon afterward was assigned
to the cammand of the artill ry of the army, with
the rank of Lieutenant Colonel I was in active
service, and was in comma d of the Lower Brazos
tin to th<- time of my departure from the country
When I left, which was six or eight months after
the treaty of peace was signtd with Santa Anna.
I received a regular passpo: t, in which my rank
in the service is mentioned, issued by the Depart-
ment oi State while Gen. Houston was President
of the Republic.
The f c s can be verifie ! by the archives of fl' x
as, by doruments in my own possession, and by
living witnesses.
On various occasions when, in order to vindi-
cate the truth of history, I have felt constrained
to describe Gen Houston's " military career ” in
connection with his moral habits, I have been re-
minded that he' pr tesed to be a reformed and
changed man. In reply I have always admitted
tile pois-ibility of such a change, but I 1. list now
say, if he ever ascended into the atmosphere of de-
cency honesty and truth, he has manifestly
fallen fro;: grace.’’ " the dog is turned to his
own vomit again, and the sow that was washed
to her wallowing in the mire.”
Repudiated by bis own State, and now retiring
from the Senate, lie goes into obscurity a hopeless
disappointed old man Itseems almost unmanly
to strike one whose sins have found him out, and
who is well ni h fri- ndless at home, hut he has
foolishly spoken words which make it necessary
that I should respond to vindicate my own good
these - c ilumnies"’ does not appear in your brief
reort, thongh the speaker may have been suffi-
cently explicit; for jour reporter adds. Mr.
• then reviewed at considerable length,
his milit iry career, to defend it from the imputa-
tions which his enemies had f cently revived and
circulaied.’’ His military career was a very brief
one, beginning with about the 12th of .Marchr, and
ending about the 21st day of April. 1836a and
consisted of a shameful and disorderly retreat
from Gonzales to San Jacinto, where his "milita-
ry career’ termiuatedby having his comma d ta-
ken from him in the midst of the action. The
facts in his military, career were published in Tex-
as in 1857. and were repated by mein it public
lecture at the N w York Tabernacle, nearly twen
ty years ago. How does it happen that Mr IL us-
ton has postponed hi- defense until this late day ?
tion was drawn to it, as a subject of command-
ing importance; That in 1850. a-partial, exami-
nation was made of the ro ite upon the 32d paral-
lel of latitute. running to El Paso, the result of
which demonstrated the fact that a road construct-
ed upon that line would be much shorter, attend-
ed with fewer difficulties, and would cost at least
a hundred millions of doll rs less than the North
ern road then in contemplation. That in 1852,
the Government of Texas, looking to the great
advantages of such a road, running through the
hart of our territory, bearing upon it not alone
the commerce and travel of California, but the
immense trade f our own country and of Europe
with Asia ; that it We uld pour in upon us wealth
and emigration, and act as a great artery strength-
ening and sustaining all other roads, thereby en-
abling us to ramify our State with railroads, and
develop in a few years results which centuries have
not acomplished elsewhere and render Texas, with
i in a brief period, in numerical strength and re-
sources as -he is in size the empire Slate of the
South, made liberal provisions through her Lgis-
lature to se ure this road. That in 1854 the G >v-
ernme it of 'Texas, regard ng with renewed favor
-this roa 1. and its advantage not alone to Texts.
but to the whole c untry. a id particularly’to, the
South; determined oy a bold and liberal p licy to
secure it through hr territory. It was her for
tune to possess an u appr priated public d in ia
of upwards of one hundred millions of acres, and.
several hundred millions of dollars in her Treas-
ury. Will) a munificent liberality’ unparal:
leled in the history of any State in the world, she
donated to this enterprize, sixteen sections of land
to the mile, or upward- of eight millions of acres,
destined to be worth before the road could be
ti fished under vigorous manag m ut, sufficient to
construct the road and to enricl the stockholders
and. as if this was not sufficient to inviteenter-
priz ■ and capital, further provided for a loan of
$6 000 p. r mile, in order to facilitate the rapid
construction of the work.
It is deeply to be deplored that, this liberal poll
cy failed for the time in its obj ct. The Company
organiz d under its liberal provisions, was com-
mitted to reckless mnagement, and lost, as it de-
served to have done, public confidence.
Within the list ten days, however a salutary
change has cecurred in the affairs of the company,
once more reviving the hopes of the friends of the
enterprize Conflic ing interests have bee com-
promised upon a basis which will secure harmony
and conjoint co-operation in the construction of
the road, and a now policy we understand has
been inaugurated whereby the stock of the com- (
pany has ben scaled down to the cash value of
the property, the salaries and expensesol the com
pay have been reduced from upwards of eighty ,
to about $12 000 as we.also understand, and such
safeguards, thrown around the company as will
prevent a recurrence of past mismanagement. '
This compromise, therefore, we huvo Fuuson to
MARsI\LL, THk?, FRIDIY, APRIL 15.
ashamed of your representative? One of the
greatest cotton growing States of the world put
down for fifty thousand bales! The ex-Governor
is some in Buneonbe and statistics.
g^Rev. J. Owen, pastor of the Episcopal
Church in San Augustine, we learn through the
Eastern Texan, of that place, had the mi-frtune
to have his dwelling, and most of his houe 11
destroyed by fire on Mod y night before the 2 d
inst. The good citizens at once made up by sub-
scription, enough to build the Rev. gentleman an
other. Nothing less was to be expected of the
liberal citizens cf the red land town. If they
have not exhibited that degree of enterprise that
has characterized some other towns, for charity
and Christian conduct she is perhaps unsurpassed.
G8 A letter writer, from Washington, reports
Judge Reagan to have said, in a late speech, at the
late session of Congress, “I do not love public
life.” If this be true, U16 people of Texas have,
in this particular, been in error.
Small Fox i.v JEFFERSON. — We paid' a
flying visit to Jeffersen, in the early part
of the present week. There is some
smnall-pox there, though it does not pre
vail to any great extent. We were in-
formed that it only existed in a portion
of the town inhabited by persons of im
pure habits, a sort of hll’s hnlf acre
How many cases there are, we are unable
to state, but this we m iy be permitted to
say, the people out side of the ‘‘half acie"
seem to have no fears whatever. Balsi-
ness is not so lively there as it would be
in the absence of the disease, or rumors
of its prevalence.
hills and fillii g up the valeys of Jeffer- explain the suspension of post routes
sou This we know from observation
And notwithstanding our p otestatins
KAME2M-2AALezeemnezaekedmekisasabemssssnzrantenesatnsnaxassemayaamcatiekon
A CARD FROM COLORED CITIZENS;
The above caption appears in the Chicago (H1 )
Democrat of the 19th ult., over a card signed by
eisht negroes, asking the editor of said paper to
defend the colored citizens < f Chicago, against the
charges made against them, by a contributor to
his columns. The eight negroes claim to be sub-
eribers, patrons and well-wishers of the Demo-
crat—say they do not believe the editor subscribed
to the doctrine complained of.
In reference to the matter offensive to the ne-
groes, we have no means of knowing, further than
the followingquotation, in explanation, .by the
The right of the State of Texas to come into her
own courts and seek the redress ef her grievances
is not questioned. The reme hj and the form adopt-
(d. for prosecuting it are also unexceptionable.
Butthequestion here does not go either to the
right or to the remedy. 'The true inquiry is, has
the State in this instance exercised this light, and
claimt d the use of this remedy ? Has the -State
manifested its will that this suit should be
.brought?
This inquiry must be answered by deductions
drawn from the nature and form of our Govern-
ment, and the* distribution of its powers All
powers not conceded by the constitution are re-
OUJR A.CJN'S.
J. A H. losnek Jefferson, Texas.
Lambert & Allen Austin,
Joy, Coe & Co......... p,
8,hsPettinei,& Co. ‘ " New York City. *
Thomas IL Shields, ----- - New Orleans, La.
• Marshall, Texas, April 14th, 1859.
Hon C. A. FLAZER, ’
Dear Sir—On account of the general interest
fit. not only in'Texas, but throughout the legal
and financial circles of the United States, in the'
case of the Sate of Texas vs. the Southern Pacific
R R. Co , we have thought it best to report the
case for publication, and have attempted to give
a substantial reportof your opinion delivered in
the case.. Will yoii beso kind as to examine ill
manuscript of the same herewith accompanying,
ai.d correct, if erroneous, and give the same the
sanction ofyour written approval, and oblige
Yours, respectfully,
W P. H ILL.
r. V Richardson,
G. McKAY.
s, _
MARSHAtL, Texas, April 14th. 1859
Gentlemen—Your note of tbs date, is b.fore me
togetht r with the accompanying report made by
you of my decision in the easy of the State ofFex
as vs. the Southern Pacific II. R Co , and in an-
swer I have to say, that y our report is in s bstance
and efiect a correct report of my decision in that
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Barrett, J. W. The Harrison Flag. (Marshall, Tex.), Vol. 3, No. 39, Ed. 1 Friday, April 15, 1859, newspaper, April 15, 1859; Marshall, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1590882/m1/2/: accessed June 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Texas State Library and Archives Commission.