Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 19, Ed. 1 Tuesday, December 27, 1853 Page: 3 of 4
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From the recent advices from Gover-
nor Stevens, as to the practicability of
the Northern route, connecting Lakes
Michigan, Superior, and St. Pauls on
the Mississippi, with Straits of Fuca, it
would seem that in due time such a road
may be constructed, and within a few
years will be demanded by the public.
There is no conflicting interests between
these two routes, particularly as the sur-
veys will demonstrate that nature has pre-
sented insurmountable obstacles, in the
Rocky Mountains and the Sierra Nevada,
to any intermediate route. I will only
add, that in arriving at a favorable con-
clusion as to the superior advantages of
the Southern route, it will not be neces-
sary to substitute the Buffalo for the ba-
rometer, or the trappef for the engineer,
but proceed upon the same scientific sur-
veys and estimates as have governed all
other railroad companies.
The company long since despatched an
experienced engineer with a competent
corps, who are now in the field, and will
soon complete an instrumental ana scien-
tific survey, upon which proper estimates
of the cost can be based and contracts
made to commence the road.
Such papers as have published these
charges against the company, beliveing
them to be true, will now, I presume, has-
ten to present the truth to the country.
A COUNTRY DIRECTOR.
From the Daily National Democrat.
The Pacific Railroad.
An article we publish to-day, proceed-
ing from the pen of one of the Directors
of the Atlantic and Pacific Railroad Com-
pany, chartered by the State of New
York, clearly disproves a charge made
against the company, not less injurious to
them than to the honor and character of
the country. The charge was that the
Company was engaged in buying up the
votes of members of Congress. It was
said that they had already thus secured
at least twenty senators and fifty repre-
sentatives. Have those who make such
charges reflected upon their influence at
home and abroad, upon the reputation of
our country? Has the model Republic
sunk so low that one-third of the Senate,
an<| one-fourth of the House, can be
bought by a railroad company? And if
these charges, not only against the Com-
pany but against our common country, are
false, what must be thought of their au-
thors and endorsers? Surely they must
stand in the way of the pillory of public
infamy as convicted calumniators—assail-
ors of the reputation of their countrymen
and of their country ? In this case, how
stand the facts ? Whilst this Company,
for weeks past, were charged with bribing
Congress, to obtain from them grantfe of
land and money, they, by their proper
executive Committee, had previously,
namely, on the 7th of November last, on
motion of Mr. Walker, unanimously a-
dopted a resolution to make no applica-
tion to Congress for any grant of land or
money. The company, it appears, are
distributing their stock rapidly to paying
subscribers in small amounts, throughout
all the States of the Union, so as, with the
aid of these subscriptions and such assist-
ance, on proper guarantees, as they may
receive from the States through which the
road may run, to commence and prose-
cute the work.
We confess that we are at a loss to un-
derstand the causes which have led to the
violent assaults upon this project of build-
ing a railroad to the Pacific. The im-
portance of such a railroad has been for
years discussed by the press of this coun-
try, and there has been but one opinion
on the subject. And it is not a little sur-
prising to see papers which have for years
advocated the importance of such an en-
terprise, suddenly turn round and cry out
moonshine" at what seems to be a vigor-
ous and well-laid plan to do something of
the real work. As all are agreed that
such a road, if completed, will be of in-
calculable benefit to this country and to
the world, would it not be both wise and
just to wait patiently for a sufficient dis-
play of the plan of operations, before op-
position is offered to it? We have had a
terrible uproar about "petitioning Con-
gress," and noW it turns out that at the
very first meeting of the directors, it was
unanimously resolved not to memorialize
Congress at all on the subject. If all the
ground of opposition to the cnterprize
turns out like this, it would appear that
the assailants of the company are the real
"moonshine" party.
Samuel Green is said to have been the
first printer in North America.—The first
thing printed was the "Freemans Oath,"
in 1639¡¿ the next an Almanack, and
third the New England version of the
Pa«]ma in 1640.
Telegraphed to the True Delta.
From Washington City.
congressional proceedings.
Washington, Dec. 12.—In the Senate
to-day, Mr. Steward gave notice of a bill
granting aid to New York in the con-
struction of a ship canal around the Falls
of Niagara. Petitions were presented,
praying for cheap ocean postage.
the new york troubles.
A resolution was presented, embracing
the proceedings of public meetings held
in New York, protesting against the con-
duct of the Administration with regard to
the removal of Judge Bronson from the
collectorship of that port.
pacific railroad.
Mr. Wentworth offered a resolution af-
firming the power of Congress to con-
struct a railroad over the territory of the
United States, for the safe and more ex-
peditious transportation of the public mo-
neys, and mails, from the Atlantic to the
Pacific ocean. The resolution was laid on
the table.
election of senate printer.
December 13.—The Senate, to-day,
elected Beverly Tucker printer.
election contested.
In the House, to-day, Mr. Stanton pre-
sented a memorial from Gov. Lane, con-
testing the election of Mr. Gallegos, the
delegate from New Mexico. The memo-
rial was referred to the committee on
Elections.
general wool.
Mr. Bissell, of Illinois, offered a joint
resolution, tendering the thanks of Con-
gress to Gen. Wool for his distinguished
services, and especially for his gallant
conduct at the battle of Buena Vista, and
requesting the President of the Uditéd
States to cause a sword with a suitable in-
scription to be procured and presented to
him. The resolution was referred to the
appropriate committee.
senate contingent fund
In the Senate to-day, Mr. Hunter, of
Virginia, reported in behalf of the Fi-
nance Committee, a bill to regulate the
disbursements of the contingent fund of
the Senate. The bill provides that all
money appropriated for the pay and mile-
age of Senators shall be drawn from the
treasury- by the Secretary of the Senate,
and disbursed by him; for which extra
duty he shall receive one thousand dol-
lars. This bill was passed.
ass't secretary of the treasury.
The Senate to-day passed a bill pro-
viding that hereafter, the Assistant Sec-
retary of the Treasury shall be appointed
by the President of the United States,
with the consent of the Senate.
DEMOCRATIC REJOICINGS.
New York, Dec. 13.—There is great
rejoicing here, this evening, among the
"Hards," on account of the election of
Beverly Tucker as printer of the Senate.
They are now firing a salute in honor of
the triumph. „
From the New Orleans True Delta.
General ATewg.
british parliament.
Parliament had been prorogued until
the 3d of January.
eastern question.
Nothing of any moment had been
heard from the Danube..
A treaty had, been completed between
France and England,, guarnteeing the
integrity of Turkey.
Prussia and Austria held large forces
which had been ordered to Hungary.
from india.
The latest advices from the East In-
dies report that Dost Mahommed and all
the Mahomedans oppose the Russians.
china.
The insurgents in China are every-
where successful, and the Tartar inva-
sion is reported.
row in a ball roon.
New York, Dec. 11.—A letter re-
ceived here from Madrid states that
young Soule, the son of the American
¡ minister in Spain, and an attache of the
Legation, while at a ball given by the
i French Ambassador at that court, made
¡ an assault on the Duke of Alba, the
, brother-in-law of the Empress of France,
j The attack was provoked by some dis-
j paraging remarks made by the Duke re-
j garding the dress of Mrs. Soule, the
i mother of the young man. The elder
Soule interfered, and separated the par-
ties. Great excitement prevailed for
some time in the ball room. Young
Soule subsequently challenged the Duke
of Alba, but the latter declined to fight.
eastern affairs.
New York, Dec. 11.—Tbe conduct
nf Omnr Pfiaíta nh tlm hriu mot
the full approbation of the Ottoman
Porte, and the Sultan has sent him a
valuable charger as a present.
At the last accounts the combined
fleets were lying at Brycos, (?) and the
Turkish naval forces were in the Black
Sea watching the Circassian coast. It
had been reported that the Turks and
Servians had met in battle, jrat the re-
port was not credited.
the new treaty.
The treaty between England and
France left it at the option of Austria
and Prussia to become parties to it.—
Pnkssia claims the right to act as may
best suit her interests.
trouble in germany.
It is stated that considerable trouble
has arisen in the Grand Duchiy of Baden,
between the Government and the clergy.
british fleets.
Admiral Lyon has been appointed to
the command of the British fleet on the
Turkish coast.
appointments confirmed. .
Washington, Dec. 12.—The Senate
has confirmed the appointments of Messrs.
Mason, Seymour and McLean, as min-
isters to France, Russia and China.
california steamer.
New York, Dec. 12.—The steamer
George Law arrived from Ashinwall with
$880,000 worth of gold.
BANKS.
The annexed article from the Leon
Pioneer, is well written and deserves the
attention of our legislators. Our hostili-
ty to banks is without reservation, and
we are glad to see others taking up the
subject.
We see that a bill has been introduced
into the Senate, to amend the constitu-
tion ff the State so as to permit banking.
It seems to meet with little favor from
that body. Now what is the necessity
or cause for banks in Texas. We scarce-
ly take up an exchange from one of the
old States, but what we see accounts of
the bursting up of a bank—such and
such a bank has failed, either wholly or
partially—either the money is not worth
so much wrapping paper, or ten, twenty
or fifty cents on the dollar. The money
has been scattered far and wide. Here
is five dollars in the hands of this hard
working honest farmer—fairly earned by
his labor—not worth a chaw of tobacco.
Here is another dollar in the hands of
this poor mechanic, or this poor widow,
who has earned it through long hours of
want by plying needle, and it is not now
of value sufficient to thread her needle
once. It is such as these that lose by
paper money. It is not the stockholders
and banker, because he has issued the
money and has received value, face val-
ue, for it. He has received value for a
promise that he never intends to fulfill.
If such operations are not swindling, we
confess that they are so near akin to it,
that we cannot mark the difference. Is
it to inflict these or similar evils on our
selves, that we are invited to amend our
constitution, so aá to permit banking ?
Is this the existing necessity for banks ?
No, says one, of course not. But
have we not now all the evil incident to
banks in the flood of foreign bank notes
that circulate amongs us. We want
banks of our own, that their issues may
run these foreign bills out from amongst
; us. What is the difference between being
| preyed upon by home bankers, or for-
! eign ones. If the circulation of foreign
Í bank perhaps an injury, and that it is the
S advocates of banks tell us, how are home
bank bill to be better.—Do we of Texas
pretend to be better acquainted with ban-
king, than all the world besides. Do we
Í pretend that we have or can discover
i some safeguard that shall secure the bill
1 holder, ami absolutely do away with all
the evils and chances of fraud and swind-
ling, that are inseparably connected with
the system in every other State, where
it exists, as is daily evidenced by the
failures and blow ups that are continually
occurring amongst those institutions all
over the country. Do the advocates of
banks in Texas pretend that they have dis-
covered a new safeguard, and check, a new
principle in banking. We presume not.
What sort of policy is it, then, for us to
tie this system—bíack with its manifold
evils—on our own necks. Should not
profit by the experience of our neigh-
bors, anil as wise men neither touch nor
handle the unclean thing.
While the source of evil is seated at a
distance, we can ward off and curtail its
injurious effects, but when we strap on
our own shoulders, fasten it by our own
legislation upon the statute book of the
country, we may in vain cry to Jupiter,
lie will be sure not to assist. We will be
in a thousand times worse predicament
than the lazy clown, whose wagon was
mired in the mud, and who called upon
Jupiter to help him out. The God re-
fused, and as a rebuke to his laziness
told him to put his own shoulder to the
wheel and help himself. Fasten the
system of banks on our statute books,
and we deprive ourselves of the privilege
of helping ourselves.
This plea for home banks on the score
of obviating the evil inflicted by foreign
paper, is all sophistry—it has no founda-
tion in fact. Experience has shown that
the reverse is the case. It is one of the
chief tricks in banking, to get their notes
as far from home as possible. Our home
banks would exchange with the banks of
other States. We make the assertion,
and the history of bank operations in
other states will bear us out, that if a
dozen banks were established to-morrow
in Texas, in two months—where we now
have one foreign bank bill—we would
then have a dozen. Then, home banks,
of course, only'increase the evil that the
advocates of the system complain of.
The truth is, the commercial resources
of Texas do not demand banks. When
was the country ever more prosperous,
and who says or pretends to believe that
the establishment of banks can increase
this prosperity. Our present prosperity
has been attained without the aid of
these monied monopolies. If they were
not necessary to the State in her infan-
cy, who says they are now necessary,
when she is with railroad speed reaching
the position of vigorous manhood.
Sentiments of Spanish Journals.
The New York Herald of Nov. 26th contains
an article irom a Madrid paper, (Journal Las
Novedades.) exemplifying quite plainly the
feeling existing in Spain towards the United
States. What a pity those rampant gentlemen
do not come over and give us a taste of that
Spanish steel they talk so much about. They
would learn whether Cuba is ever to be Anglo-
American or not. Here is the article as trans-
lated for the Herald.
All the press in Madrid has justly censured
the manner in which the disputed reception of
Mr. Soule has been settled We are not of
those who thought, that he ought not to have
been received for being who he is. But we
differed completely, as we could not but do,
from those who wished to preserve the national
dignity from slight. We differed from some of
our colleagues of the opposition, not in the sub-
stance, but in the form, of resolving the ques-
tion.
The national dignity should have remained
entirely undiminished and in its proper posi-
tion, in Mr. Soule's being admitted among the
number of ambassadors of fiiendly powers.—
But it was necessary that in his reception, he
should contradict his antecedents: that he
should be placed in a way to give satisfaction,
or else return to his adopted country to give
jollity to the bachanalsof the annexationists by
his improvisations. On this our government
should have fixed its views. If Mr. Soule were
in good faith, he should be made to understand
the necessity that, to be well received, he
should introduce in his speech the words of se,
curity and satisfaction which his conduct ob-
liged him to. If he were net in good faith,
there should not have been permitted in his
speech a single word which could be interpre-
ted either in a menacing or an arrogant sense.
And in her Majesty's discourse there should
have been appropriately placed, expressions
which might have signified with dignity the
contempt with which the descendants of Saint
Ferdinand view from their throne, the brava-
does and the stratagems of the Carthagenians
of the New World. In every sense, the recep-
tion should have been a true starting point. In
it the respective positions should have been
fixed: the good ambassador should either have
submitted or corrected himself, or else put in a
way of returning without presenting his cre-
dentials.
We cannot say, with regard to truth, how fhé
speech of Mr. Soule has been. After having
translated it as literally as possible, and com-
pletely unravelled it, we do not venture to give
a decisive opinion upon it. It might appear to
us worse wheu seen in English than it does
seem in Spanish. But even as it is. it appears
to us thK if does not shelter our offended dig-
nity a < it should. There is not. a word in it,
either of security or guarantee; there is nothing
which can compromise Mr. Soule in the past
or in the future. That which Mr. Soule has
said, he might say even though he were the
must sanguinary annexationist in the United
States; he might say it even though he should
propose himself to be in future the leader and
cause of annexation. And it is not this alone,
but that on our part nothing hSs been said
which reveals our sentiments, aud in exchange
he has failed to say anything which manifests
his own.
Mr. Soule has said of the President of the
United States, that he is the man who presides
over the destinies of America. And to say
this before the Queen of Spain—which still
possesses in that region many leagues of terri-
tory and many thousands of subjects; which
governs the nation by history and by nature;
which is destined to influence and raise opin-
ion in the greater part of that continent where
its language is spoken and its customs are pro-
fessed, and its ve¡y instincts and aspirations
felt—is neither more nor less an intolerable
disrespect.
Mr Calderón de la Barca has been often ac-
cused of weakness; what he has permitted Mr.
Soule to do proves that he has been justly ac-
cused. Mr. Calderón de la Barca has been a
i Ions time out of Spain, and he does not know
how Spain feels and thinks in the question of
Cuba; he does not know that Spaiti is deter-
mined on icar, and that she prefers war to con-
senting to the slightest affront from the proud
republic. We are surprised that theXjoutff de
San Luis has not made him understand lt^eifioe
no one better than he knows that axiom, "
ba must be Spanish or African." Either Span-
ish or African—never Anglo-Amet-ican. Never
presided over by that man to whom Mr. Soule
attributes, with more petulence than prudence,
the supreme power of America, beautifnl Cuba
must and will be. With good government.
Spain has nothing fear—has nothing to en-
dure from the United States.
In conclusion, we believe it right, to call tbe
attention of the representatives of the Spanish
American nations to the arrogant expression of
Mr. Soule. Let them learn, then, that their
safety consists in unity with us, and in raising-
with us the standard of our race in America.
Let them unite with us to present a dike to th
invader, and we will see what such ajroganee
is worth when the day of combat arrives.—
Whenever we have a government, and that
our brolhers beyond the sea have it also, we
shall be invincible in America, and our nam#
shall be that which presides over the destiniet
of that part of the world.
ABSTRACT OF THE
0P1M0NS OF THE SUPREME COURT.
Reported for the Times by Messrs. Wést & Grkb*.
ATTORNEYS AT LAW, AUSTIN, TEXAS.
AUSTIN, FALL TERM, 1853.
F. W. Chandler, )
vs. Fayette county.
Green & Faison, ex'rs. ) -
Lipscomb, Judge.
If there is no contest about the vacancy of
a succession, there can be no opposition to
the grant of the letters of administration, un-
less it be shown that some one else has a su-
perior claim to it. But the rule is different
where the opposition is to any administra-
tion being granted at all ; in such case any
person interested might make opposition.
Where a petition for letters of administra-
tion discloses no valid subsisting debt against
the estate, but on the other hand shows a
judgment obtained in 1838, and barred mor
than two years before the applicatioii tbr let-
ters of administration: held that the grant of
letters of administration was properly refused.
It is the acknowledged doctrine of this
Court, that the property of an estate passes
to the heirs encumbered with the payment of
the debts; if then the claim set up was barred
by the Statute of Limitations, it was no
er a subsisting debt, nor incumbrance
rights of the heirs, and therefore no legal
son existed for an administrator de bonis non.
Where administration was taken out twelve
years ago, under the laws that required the
estate to be closed at the end of a year, and
i£ is not shown that the time was extended,
the legal presumption is that the estate has
long since been closed, and that all debts had
been discharged and satisfied.
The cases of Boyle vs. Forbes, adm'r, and
Sisneros vs. Kilpatrick & Blair, cited and ap-
proved.
After such a lapse of time, the probability
is that the property has been divided among
the heirs, and, it may be, alienated to inno-
cent purchasers; and if such claims, so long
permitted to sleep, could receive judicial sanc-
tion, there is no foreseeing the extent of in-
jury that would follow.
Whenever a case is presented, disclosing a
valid reason for such long delay, we will
know how to make the exception.
Judgment affirmed.
N. C. Raymond & A. Grooms,
vs. J- Bastrop eo.
David H. Holmes. )
Opinion by Justice Lipscomb.
Where the drawer and endorser of a bill
of exchange are sued together, suit may be
brought in the county where either of them
resides, unless the endorsement is fictitious,
and made for the purpose of suing the maker
or endorser out of the county of residence.
It is a rule well settled by the uniform au-
thority of the American decisions, that the
requisites necessary to fix the liability of a
drawer or endorser of a bill of exchange, on
its non acceptance or non payment, is to be
determined by the. law of the place of the
drawing or endorsement, and not of the place
where the bill is made payable.
The English authorities assert a contrary
doctrine, and would seem on principle to be
correct; but the uniformity of decisions in
America have acquired the weight of autho?-
ity, and uniformity must be preserved.
Where a bill of exchunge is drawn and en-
dorsed in Texas, and made payable in Loov
siana, the laws of Texas will govern in a suit
against the drawer or nndorser; and it will
not be necessary to allege or prove notice
the defendants of the protest for non payment
or non acceptance of the bill, where the suit
is brought at the first term of the court there-
after.
-Tnrlrrmont nffipmin!
Eating Children.—A mob at Val-
paraiso, not long since, came near assas-
sinating a Frenchman, upon the charge
of having eaten children. He had been
! but eight days in the place, yet the mob
; affirmed he had eaten two hundred and
j fifty children; some said he took them
raw. others that he l^roiled them on grid-
The nolice had much ado to save
; iraiiq
the gentleman's life.
Í Shame.—A feeling that overtakes people
' not because they have done wrong, bet be-
cause thev have been found out;
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 19, Ed. 1 Tuesday, December 27, 1853, newspaper, December 27, 1853; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181722/m1/3/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.