The Northern Standard. (Clarksville, Tex.), Vol. 1, No. 30, Ed. 1, Thursday, April 6, 1843 Page: 2 of 4
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yguuT-
sons arc supposed to have been killed. The loss ol
properly is immense. At Antigua also .there lias
Iicen a grcal loss ot property but only five lives
were lost. All the mills and su7.ar works arc more
or-less injured and the greater part of the crop will
he lost. Nevis Monserrat Carbadoes. &c. arc said
to hare stiiicrml much but to what extent is not yet:
knov.n. Here and at St. Thomas the shock was al -
so severe and lasted at this place two minutes; but
there was no material damage dene
at either place.
OPINION
iN OFTHE ATTORNEY GENERALlto deny the validity 0r a grant made by the
HE CHEROKEE LAND TITLES j tion w'hich created the pre.Tisional governim
OX '1
Crrv ok Ilnr-STos. Sept. I'Jlli Itr-lVI.
7' His Excellency the J'? esidtnt.
Sis You ask my opinion of the title by which
the Cherokee India-is held the lands lately possessed
bv them sn eastern Texas.
" Deeply impressed tvitluhc nngnit'iJc of thcintrr-
els mvoivcu. an t aware ci tne deep excitement
which pervades ihc public inii-d on the subject. 1
have endeavored to bttng to ils investigation all the
energies of my iimili-t! capacity. The question nat-1
uraiiyoivmesHscii into two pianettes corrrsponumgi
It 1--I-. !f . I 1 I
to the two government1
ut under which the claim Ins!
grownup The first oftheselt"ing the. Mexican govern-1
pent I shall first dispose of ihel branch of the subject
Tte Republic of Mexico by legislative enact-1
minis of both her general and state governments in-
yhed the Indian tribes residing within and bordering
on her territories to settle wuliu; the limits ol the
Republic. The Cherokccs availing themselves of
this invitation selected the section of country under
consideration for their permanent residence. They
notified the Mexican authorities cf their drsign and
of the selection they had thus made. 1 have
never seen a-tv evidence tint they ever obtained a
.'rant for ihesc'l wis from the government; but there
Is sufficient evidence cf several nets of the govern-
ment authorities such as the ordering of intruders
to be driven off from their lands and oihcrs which
clearly show that ihc government recognized their
settlement-right to the lands they occupied. This sct-tlcmcnt-ri"ht
was considered by ihc Mexican laws as
the first otMncipiciit stage of title to the !"'!: !:!5 oc-
cupied. They were considered by those laws asap-
nropriated and no longer subject to entry location
or settlement by any other person or community nn-
lessabandoned by their first occupants. The Cher-
okee Indians ha I. therefore by virtue of their set-
tlement and continued occupancy under thethrn
existing laws of Mexico acquired an inchoate right
to the lands on which they resided ivhieh tht-y alone
under those laws had the right to mature into per-
fect titles.
Thus s'ood the aifiirs of the Indians when the
first convention usually denominated thi ; consulta-
tion" met at San Felipe in October P3". This
convention by one of the most solemn acts recorded
in the journals of its proceedings declared that tiie
Cherokee Indians had 'derived their j.ist claims to
iands inclu Jed within the bouu lari-s hereinafter men-
tions.! from the government of Mexico from whom
we havj also ucri.-el our rights to i!ie soil by grant
and occupancy.-' Tiny moreover solemnly dechred
that '-wcwiU guarantee to tliem the peaceable enjoy
inrntof their rights to their Ian Is as we do o:r own
and we pledge the public faith for the support of the
loreoing declarations.'' Aft'L "is if to give still
more solemnity to the ac an I make it. if possible
of more binding force all the members of the con-
vention separately signed this guaranty and "pledge
of the public faith." It would be difirultto con-
ceive any manner in which a nation could bind itself
under more solemn obligations or afiix to i's action
n higher moral junction than is here done. 'Thc
language of the itistrutnci.t psnakes largely of the
itrong and deep feeling .h.tt marked the crisis at j
which 11 was put lorth. 1 carjio: wen imagine in t sulfation could not have been convened under the con-
what manner languagecould be combined better cal- j stitution of '21. because that body expressly declared
ciliated to produce wuhtho.-cto whom it wasaJJrcrMcd. j that General Santa Anna had 'by force of arms
implicit confidence in its truth and sincerity. icxrthrom the f.lcral constitution of.M.xico and
The authority of this body however to make I fazoi'ral the soei-i! conpaci which existed between
such a grant has been questioned by some gentle-j Texas a."! t'10 other members of the confederacy.'
men for whose opinions I have much respect but; "That Texas is :.'o longer morally or civilly bound
with due deference lo those gentlemen I can disco v- J by the compact of ''nion.'' &c. This "compact of
cr no solid foundation tor such an objection. In the I
language of a gentlemen (the late lamented and tal-t
-nteil John Birdsall Attorney General of the Re -
public) whose clear heal and vigorous understanding
qualified him well forihc investigation and cluciJa-;
lion of subjects of this complicated character "the
consultation was a primary representation of all the
pccn'.cof Texas in their ihighe-r political capacity
T!;-y assembled independently of Coahuila and the
political organization which had 'formerly existed
iu 1 by this act became virtual';.- severed and separate j dared it to bo orcl.iroiri by Santa Anna. They al-
trotn the M-xican. They were theonly political an-; so recognised that instrument as containing thc'Re-
thority known to the country fir the time being and . publican principles in the vinJicatian an I miin'.ain-
.era thcrrurc n:ess.rily charged with the duties
f ... .-..-. . 1
and attributes of Government.
t. I ney were the Gov-1
einmentef.ic- I iiey exercised Ihc prerogative ot '
government. Thry superseded laws then in force I tion to the history of that body and its proceedings
and closed the courts of justice. They enacted laws! will be sufficient to convince any candid mind that the
an-J raascd ihnn to be executed; and. finally they or-! object of its convocation was to erect a Government
ganized a provisional government for Texas inicpcti'-separate from and independent ofthe then existing
dently of the other Mexican stairs." ; CicnOrnment 0f .Mci.-cn. and to place the country in
These were the purposes for which this body was the best posture of defence lo resist the encroachment
convened. The constitution: government of I S2 1. of that government for they declare they "hold it to
under the mil.l end salutary influence of which the be their right during the disorganization of the feeler-Anglo-American
papulation had been invited inUnl tystem. and the reign of despotism to irithdraic
the country had been oerlurned and in its stead a j fson Hi U.unnlo establish an independent r0v-
inihtary despotism substituted and a large armed i'ernment" &c. True they had declared they had ta-
forcc sent into the country to reduce the refractory j ken up arms in defend ol "the Republican princi-
Arrwncans to obedience. In this state of things and pes of the federal constitution of 1S2 1." Thos- prin-
lor uiese causes was 111c convention 01 isd;i called
oy i-ic pcopic 01 1 e.as. 1 ne ueiiucrauons 01
1 list oouy therciorc necessarily tool; a iviao range
embracing within its legitimate scope the general in-
terests of the then department of Texas. This was
the body which not only recognized the claim of the
Cherokee Indians to the J-mds in question as being
derived from the laws of Mexico bai which also
guaranteed to ihcm the pcacablc cnjoyntfnt of thci-
rights to their lands" r.r.d which guaranty the con-
sultation bad in my opinion ample authority to make
This convention not only guaranteed lo the Indians
their right to these lands but they authorized and re-
quired the provisional government which they or
gtnized. to make a treaty with them aneT designate
their boundaries which was done in accordance
icilh the authority and instructions given by the pro-
visional government and consequently binding upon
the government pud people of the country. Ilad
not ths guaranty and pledge of the public faiih been
.mads to the Indians by the convention directly the
Provisional government would have possessed the au-
thority to grant the lands iir question to the Indians
'J'his body was invcstrel by the convention with full
powers to conduct the political affairs of the country.
They combined in thai body the functions of two of
Jiie usual gracu Jivisions 01 political powers to wit:
the legiil itWc and Executive. Hence i. follows tin.
had not the convention made any specific grant of
ttirse lanils to the Indians the authority o! the provi-
sional government to do so. would lave been fairly dc-
ducible from the grncrnl powers with which that
Ply was clothed. This body exercised all the allri
bates and funrtions of government from November
1835 until some time in .March lS.Ju; during which
time ;t Was the onlv nolilieal nutlusritv known toor
recognized by the country; consequently a grant of
iany portion of the public domain by that body would
' have been considered valid.
To admit this fact and
conven
ent and
from which alone it derived ils powers would be a
soiecism in reasoning it wouiu ue 10 maue tne
powers of the creature greater linn those of the
creator the authority oftheagci t superior lo that of
tile principal. I Indtu? convention which lranu-dthc
constiution doneso their right would scaicely have
Dcenepicsltoneil ov any pertnn. In my opinion the
1 grant (rom the consultation iseq-tally'autl
loritatu'c
i equally valid ss if made by the last convention
ran discover no difference in the legitimate powers of
I t 1-
mc two nssemuiies. l iiey were tioth primary rer-
rcscntations of '-the vronlc of all Tern" assets
bled for too sam--gtncral purpose deriving their
authority fiom tile same source to uit. the i-rnnle. the
great fountain brad of all political power. They
were both organic in '.heir structure radical in their
character rquat in iligni'y plen-.ry h th. ir powers.
i and similar m ihc !rcat ubi.cis of tiirir convocation.
j I can see no leason therefore why the acts of ihe
! one should not be consider- d a? binding and ohligato-
ry upon the country as t!ose of the other. It has
been urged however m fit or ofthe acts of the last
convention thai they were submitted to the people
and by them ratified which gave to the acts of that
body an authority and force supeiiuruj those of the
former. This by no means folio.? as a necessary
consequence. The only act of the la-si convention
which was submitted to the people for their approval
was the constitution that being designed as the fun-
damental organic law of the i md. by whirh the na-
tion was to be perpetually governed it was thought
proper that it should bo submitted to the considera-
tion of ihc -"CCple. I am not prepared to jay howev-
er that this instrument ivo-ild not have been of tonal-
ly binding at thori'.y without this submission. More-
over there were many and very important acts of
this conv ntion which were not submitted to the peo-
ple but which have ever since been recognized as
valid by the nation. Even the declaration of Inde-
pendence that great act of national torrrricnty
which forever severed the bonds of political union
bit ween Texas and Mexico was never submitted to
the people. That holy also orgnnizixl a government
'a! tntcrir." and elected a President and c.ibinrt.
and did many other arts which were never directly
ratified by the people; and yet their validity so fir
as I have learned has never been questioned. The
true question in all transactions performed by a dele-
gated authority is not whether the acts of the dele-
gate have been subsequently acknowledged by the
primary authority but whether theeb-Iegate hastrans-
cenled the powers with which he was invested: and
if hx has arts! within the scone of those powers his
nets are binding upon the primary authority without
I snbsrnjt nt ratification: and this up-.n the well estab
lished rule ol law that the acts ot the agent are
binJing upon his principal unless the agent trans-
cends the powers with which he has been de.thcd.
A5ain.1t is urged that the consultation acted under
the constitution oflS'21 and there being no authority
clothed with power by that instrument to grant lands
except the Congress of .Mexico or of son. c of the
States consequently any grant made by them was
null and void. I h:s m my judgment is not entire
ly a fair method of stating the proposition. The enn-
union" was the cons'tii'tio.' of 1S21. winch 1'iey de-
clirC.l to Lc avcithroicn conrcquently they could J
1 not have assembled under that coi;-titution but. as
'they themselves declare: 'Tin niC1'" of Texas
ava"ilin-themse!veof their m'ural ri-h't-' " oTtvcned
a general "coiKukatian of the p.-onleTofall Tern."
with the avowed purpose of providin for the "enerai
well ire ofthe country and organizing a government
for ih? time being It is true this convention did
I no' repudiate the constitution of 1521 but they lie
. i
ancc of which Trn. h:id nl.-n nr. firms- but thov nn
where say that it is still in force and that Texas is
governed by it. On the. mntrnrv r. wrr liulr. ntim
ciples were the enduring principles ol a Ucpublican
ijovcran
-eminent which guaranteed to citizens the right
to chooiq his own representative which guaranteed
to him freedom of speech and freedom of action and
which required all political power to reside in the
people; these and such as these were ''the Republi-
can principles of the convention of 1S21" in defence
of which the convention of $2o declared they had
taken up arms. But had they recogniz-il that" con
stitution asstill in force and as controlling their actions
they could scarcely have performed a tingle promin-
ent act which they did. The- could not have organ-
izca jt provisional Government they could not have
raided "an srmy to 'oppose the forces of the Govern
ment of Mexico .for 'here is no authority for any of
these acts to be found in that constitution. They
therefore declared that instrument overthrown by the
military usurpers who then exercised despotic porvcrs
in the Republic of Mexico. And sucn was !hc fict
that great charter of the rights of the ciiize.i had
beei overturned by violence and upon it ruins a cen-
tral military despotism erected snbvcrsi'C of those
"principles of Republican liberty" secured to the citi-
zens of the Republic by that instrument of-compacf
between the Federal nnd State Govornments. By
this act of usurpation tin the jiart ofthe Federal Gov-
ernment the Stales were absolved from all further nl-
legiancc to'the cbtnpact of union. They had an in-
hcrent and indefeasible right to resist the encroach
ments oi mis "military despotism." This Texas did
as an integral portion of the confederacy and it is no
arg!imininainst their rights to say that Coahujlrt did
not unite with her in this measure for the polilicial
bonds which had united these two departments into
one state had been severed by the overthrow ol Hie
Federal constitution an 1 by Coahuila's adhering to
those who had usurped the authority of the Federal
Government. Moreover a separate State Govern-
ment had been guaranteed to her. by the constitution
of 1821 and when the time arrived for her to assume
tins station in the confederacy :t was denied her
Therefore she determined to assert her own rights
upon her own responsibility. For this purpose was
the convention of IS:!."' called by 'the people of all
Texas." The authority 'villi which the members of
that body were clothed emanated directly fiom the
people the groat source of all political power in a
Republican Government; and although thej did not
formally decl.uc an indi-pcndiiit national Govern
meat they certainly did assume a separate political
existence They took upon th-mselves all the a'tri-
hutes and exercised all the functions pertaining to the
highest political authority of a State or nation and
lor the time being there was no other government or
authority recognized by the p-opie in the country
an 1 their acts have been sinctioned by the nation from
thai time to the present.
If there he any one attribute of Government more
unquestionable thin all others it istbc right to ever
cis jurisdiction over the ptiblicdonnin ofthe country.
This right ol sovereignity over the soil has from the
first institution of Government been exercised by the
existing political authority of our country. The
convention of which I am now speaking wj.s for the
time the highest nay the only politicial authority
recognized in the country. They did exercise this
right of sovereignty over the soil of the country
they made sunl ry grants of land to individuals these
grants have never within my knowledge been ques-
tioned to this day. Why thfii should this grant to the
Cherokee In dims be questioned more than others
made by the same body? Their right to these lands
wa? guaranteed by the convention in terms as strong
ind explicit as language could convey them From
all ihe-c considerations. I conclude that the title ofthe
Indians to llin lands in question was valid and unim-
peachable. The subject of the orginal Indian title to those lands
bring disposed of. another question growing imui'ili
ately out of the decision ofthe other presents itself for
consideration' viz: What location and surveys
made upon those lands prior to the act of Congress
of IS 10 directing their survey and sale ..re to be
respected as legal and consequently exempted Irom
the operation o! ibis law.
This is a question of equal importance ihough ol
much less dillicilty of si'I'itimi than the former. Ii
is a we!! settled principle of legal decision that lairds
when onceopjfro.iriatrd according to the existing law
of any country Jo not again become vacant or suh-
j-ct to entry or bcatioti without an inquisition of of
hce except by social legislative enactment. And ofl
such force and authority has this principle Uern re-
cognised 10 be that even an inchoate right to !and
legally acquired but which has not ripened into a
grant "or other perfct title cannot be divested unless
by offi-c found in the mo !e prescribed by the exist-
ing laws ofthe country. The Cherokee Indians had
settled in the country.underihe invitation ofthe Mex-
ican Government and according to the laws then ex-
isting had certainly acquired an j eliocle right to
the lands they occupied. The lauds therefore could
not be legally subject to location while in (heir pos-
session nor even after without a manifest dotation of
the above well settled rule of law. There i but one
exception to this rule in the laws ofeithcrthc General
or Stale Governments of Mexico and that is the provi-
sions contained in the 30th article ol the General
Colonization law of Coahuila and Texas which de-
clares that when settlers may resolve to leave the
State and settle themselves in a foreign country if
they tin not sell their lands they shall become 'entire
!y vacant.1' This however was in the case of rot
untarity abandonment. But the Indiansdi'i not rot-
tmianli abandon their settlements. On the contra-
ry they were forcibly driven from their homes and
possessions. 1 ncreiore tne provision ot the coloni-
zation laws above leTened to cannot apply to their
lands. They must come under ihc general principle
ofthe law that rrepiiresan inquest of office before the
'-Mids possessed by them could be legally subject to lo-
ca..: -nu appropriation Dy the citizens ol the country.
This i."li'-1 "o:i"e las never been taken conse-
q;irnlvihiC 'n'1'-"3 has'nevoi since the Indians were
driven' from th-:n .- rstinject to location either by
the laws ol Mexico e" '"''S.
From the forgoing fic and reasons. I conclude
that r.one ofthe locations nn -. 'Unn the lands occu-
pied by the Cherokee Indians subsct.'ef:' to the date
of theguar.m'y made by the Consultation to C.he f:'di-
ans in" ITJT; are valid an! legal; and consequently
that none mride since that date arc legally exempt from
survey aud sale under the act of Congress of Febru-
ory
1S-10.
All which is respectfully submhled.
G. V. TERRELL. Ally. Gen.
Extraordinary case or Insanity. The Sa -
lem Register gives the particulars of a case ol insani-
ty the circumstances ol which are so extraordina-
ry as to be well worth recording. It seems there has
been in the Ipswich Alms house or House of Cor-
rection for about twenty years an insane man who
was sent there from Sjleinand who has always gone
by the na;ne of "Captain." Of his real name and re-
sidence nothing was ever known by the authorities
npr has any thing been discovered until within a few
months past. He is perfectly harmless his malady
tending rather to idiocy and he has loug been allow-
ed to go about freely sometimes wandering into the
neighboring towns but always returning in safety.
A few months ago.the keeper presented a card to him.
and said "Captain will you give me your address?'1
The captain-very readily tpol: the card and w riling
upon it in an elegant hand a gentleman's name with'
the name of a town in the state of New York return-
ed it. As it was somewhat uncertain if this was re-
ally his name a fervdaysafterwardsanothcrcard was
handed to him with the request that he would give.
die fnltinr'c Mtlilrnec Hn linmrHinfidl- vvrntn lltncitr. !
bis father's address. He immediately wrote the sur-
name and lown with another christian name. It highest bidJer for Sl200 on a twelve month's crcd-
was then supposed-thai he might have given his real it. The owner ofthe land buta short time previous
address and to ertain the fact a letter was accord-( had been offered 5000 for the identical property
ingly forward ! 10 the place mentioned directed toj which sold for 81200; and it is a fict. well known
the person whose name was given as the lather with that many persons in the parish who knew not ofthe
a request to the postmaster if such a person had ever
resided there and had removed to forward the letter
to the present place of residence of the gentleman or
his family if it could bo ascertained. Nothing fur-
ther was heard until a few weeks ago when a leiter
was roccived f'orn. New York on the subject. The
letter was shown to the "Captain" and as soon as his
eyes fell upon the. superscription his countenance
changed his eyes were suffused with tears of joy and
he cried out in the most touching tone "my Mother!
my mother! It was in fict a letter from his mother
the father having been dead a number of years. She
wrote thai nothing had been heard of this son for
twenty two or three years and he was supposed to be
long since deceased. The "Captain" was extremely
aflccted on perusing the b ttcr. The mother is at
present rcidiug with another son in this city. A
further correspondence has taken place hi tween the
parlies. and some nl the relatives arc expected to go1
en stiortiy. and take the lost restored home. vv nn
what fervor can this mother exclaim whrnshegreets
the wanderer "for this my son. was dead and is alive
again: he was lost and is found1"
rp
The iNorliicrn Slniuiarri.
CLARKSVILLE
THURSDAY
APRIL 0. IS4I
Tr.MfctiAxer: MncTixe:. There will bea Tem-
perance meeting in Ciarksville on Friday the 2lsl
of April in commemoration of the battle of San Ja-
c:nto when the Rev. James Sampson will deliver a
Temperance Address. On the same occasion II. R.
Latimer Esq will deliver an address appropriate to
the day. The ladies and gentlemen of Ciarksville
and its vicinity are invited to attend.
Tkmit.kaxck. The pure whi'c flag of this holy
cause slill waves aloft broadly distended upon the
breeze of popular favor. The cause of Temperance
is everywhere receiving accessions and the syren
whose smile but lures to ruin stands abashed in the
presence of the giant child of philanthropy aril puri-
ty. The delusive fancy which interpreted the drink-
ing of noxious distilmciits as the evidence of friend-
ship and the perfection of enjoyment has retreated
fiom the presence of reason. Sense and correct
principles arc in the ascendency and long may their
banner the emblem ol re-ason and purity and sebrie-
iv. flutter in the free wind of heaven.
The District Court lor this county adjourned on
Saturday ever ing last after a session oftwo w;eks.
in which more th'an one hundred cases were dis-
postd of.
Judge Mills still retains the high cstimaticn which
ourcitizens unanimously awarded him at the firs:
circuit which he made in this District and dispatches
businrss with a rapidity seldom surpassed.
Indian 'I'kkaty. By tiie arrival of Colonel Jr
Snively. late irom Robertson county we have re
ceived confirmation of the: statements in the litters
published in our last number relative to the dispoti
tion ofthe wild Indians 10 make peace with us Gen
Burleson is no; with the Commissioner?.
Apvf.rtisino Rsal Estatk i-ndo: Execu
tion. We perceive that in our neighbor State ol
Louisiana in which the law requiring the r.d-
veitisvinint of real propeity under execution was
repealed by a late law the innovation is begin-
ning to excite cempiaint. It is ascertained that
the debtor for whote benefit it was intended by
nrht it was intend eel. by
tendi.it upon forced sat-
.
alan which sells valuable
lessening the expenses attend
reaps nn profit fiom the
property without notification to those who might buy
it they were notified and the property described and
thus this economical plan like many other wiseacre
projects injures those it proposed to benefit. The
kno.vlcdge of such a sale being partial only there-
is not sufficient competition in bidding and valuable
property changes hand at the rap of a ls.imm r
the unfortunite debtor perhaps ruined and the credi-
tor possibly still unpaid and looking for more to sa-
tisfy his claim.
The following articles upon this subject' which
show the way the thing works in Louisiana we copy
from the Natchitoches Democratic Herald.
I'ron the Kxpnsitor.
SHERIFF SALES MORE FACTS.
Messrs Epitoks. By communications in var-
ious papers and by the proceedings of the Legisla-
ture. I have observed thatthe maimer in which Itidi-
e'e Sales should be advertised is undergoing discus
ruglioui the State. I as cue who believein
ston
the absolute necessity of publishing in a newspaper
.ill judicial sales whether there be one published in
the mrL-h where such s.:'fS arc to be made or not I
beg leave through thq columns VI p" valuable jot:r- j
nal to state a
few fact? aridoller a few rcn .-ks. injhimarc Price Hodge Piland Wicks Ripley and
position. j jr'!!on. . .. .
ls - '.' - port of my
Since :!c IGth March 1S37. the Sheriff of the
parish of Aff"eJ.cs has been e.mpted from pub-
lishing his notices lu a newspaper ihc Legislature
making ii legal for bin' lo post nf. manuscript notices
of Ins sales at the Court House door. 1 he intention
ofthe Legislature In eloing this. I doubt not sprung
from benevolent motives; they designed to lessen costs
bv ridding defendants of printers' fees. Sinco 1S37
other laws of like import have passed that body be
lieving. I presume that the posting system would
give sufficient publicity. L'-l us examine how this
benevolent and economical intention of the Legisla-
ture has operated let experience speak ar.d unfold
what she knows. 1 will mention a lew cases which
cccurie-d iu 1SJ2. The plantation of a citizen of
this parish then absent situated on Bayou Clear
containing 370 acres of land of the best quality
was legally advertised by tnantisciipt noiices.and
when the day of sale arrived no one was in atten-
dance al the Court House but a few unfortunate debt
ors whose property was also to be sold. The prop-
erty was ciie-d by the Sheriff 'and knocked ofl to the
saie were anxious 10 purchase anil wouiu nave giv-
en four or five times the amount. He was absent at
the time of the sale and his property was sacrificed
by the lack of sufficient publicity being given to the
sale. In the same year and but a short time after
this took place a citizen of the parish of Rapides
who was considerably involved had tereral debts
due him in this parish. An execution warissued
from Rapides on a twelve menth's bond directed to
the Sheriff of Avoyelles and his dues here seized.
Alter having been legally advertised and sold in ac-
cordance with the lute non-adcertising law the sales
thereof exhibited the following enormous proceeds:
1st. A judgment in defendant's favor on
for m.-O and interest sold for 37 cents;
2d A note in his favor on -for 833. sold
for 1 dollar;
od. A note in his favor on-
-for $10 sold?
for three dollars.
Thus it will bo seen that a sale by the Sheriff in
litis instance of valuable property the principal and f
interest amounting to over t?200 sold for FOUR
DOLLARS and THIRTY SEVEN CTS. The
gonllcmcn who owed the several amounts stated
above though living in the parish never heard of
thesjle until it was over. All of them were solvent
and able to redeem their papei and had they known
of the sale would have attended and bid in their notes
ala fair price. In these two sales mentioned above
a snfficent amount wjs sacrificed to have paid
for advertising all the property which will be soil
by the S-'hcrill" in the palish for the next twenty
years. 1 could cite many other cases in which prop-
erty has been sacrifictel. in ibis parish but dtem the
two already mentioned sufficient. All such !osst3
might be prevent' d by the passage of a law making
it t!i duty of the Sheriff to advertise his sales ma
newspaper These vehicles of intelligence hunt up
every man in the community and present to his eyes
every th'ng of a local nature which is nrce-ssary to
be Known If he hi a firmer as is thicas? with 10
of every ."Q men in this puis'i. he can fuiV. I
plough all day and 21 ni-ht t ike up his newspaper
and learn at a gl.inc. every thing of importance that
is going on in too parish. Matters of interest thus be-
come widely discuiinat'd. ar.d nov can take advan-
tage of others because of their ignorance. Then
why not urge upon the L'gisi.iture '.he propriety
nay. theabsolut necessity ef reviving the GCOth Code
if Practice. This law in 1325. was considered es
scu'ial by the ablej jurist in the S!aie.arid.Iii!icecries
aloud (or its revival. No man whither plaintiff or
defendant no party whether wrak or powerful
would give a drssinting voice after s little uflrction
With a wish thai our Legislature will turr. their at-
tention to this matter. I will for the present. leavrtncsi
facts and remarks with the public. P
SHERIFFS SALES.
Mr. Editor If you will nllo.v an old :ibsori-
leT to cceupv a place in your column" on the subject
of advertising sh riff sales you will not only confer
fivor upon him Lot upTi the comrmaiiy st large
I am sir in fivorof our r.-p-csrn'atives in the Legisla-
ture repealing that odious and abominable la;y which
says that afvrthe goods aid chatties of sn tinfortun-A
ate debtor fh.ill hire I-n s'izd bv ihr sherifl they
shail be i'iir.os-;! vn in fie dirk" wi'hoi mak'"r"c
live citiz ns in our pariah acq'1-.int-d with the saV.-
Sir. I Sjieak a? one ui .-& unfortunate tr.rri - .-
during Ow past y.ir hav- had their ho'Tjc and hcj
sol-LjjlT )): their cre-iito.s I havo a. right trpcafc
arm an ' -.si right to be hear 1. Look over tr.e book-
ef your shcritl. fir the p:: -.ear and you will there
iindat.ile shameful o ejiir" legislators. You wli
then: ibid sir. thes;.'. 0f mv p.intat:ca- of G-10 ar-
pents fur a little eiv.-r$200. which coj: me !?'jOCO--At
that sale sir. th' re were only two bids and this
among a w'.'.-.e popul. tion of 7000 recple: Sines
that sale. v'iich h-s thrown to the win Is th labor
nd toil tit y.-nr. I !i.ivt been toI2' irfyr.rernl cilizenj
who at the time would have bid' as -high as 83COO
that tiiey knew nothing at all about the sale. Aqda
a f.uther assurance of tins fict. I can assert positively.
j" ""' rsissiirancrn' mis r.ic:. 1 can assert positively
j!la'lli.; v " '? SherilFs Ie. who paid a iille
over 200 for my land.m-;n- uec.- offered S5&00
hjffolnfof thesrfac UdirUnah. L-lcny nun.ni
e
j&oa
env man.n!
the least degree of human feeling; e-tim-jt thevpajn.
I.ilarss ot my imnappy I' t. an i i feel saf.sfi'i: hr-
will condemn thedarkand stealthy manner of Uispoi
ing of poor ilt-buir's property at Sheriff sai't. Irr
conclusion Mr. Editor. it me beg of you to u;g
this matter on the. atten'ion of the legislature.
With much respect. &c.
AN UNFORTUNAE DEBTOR.
Diogenes being asktd '' which is the. most danger-
ous animal?'' r-plie-d "among w-im animal th.
slanderer; among tame the flatterer."'
From the Neir Orleam Tropic.
:ST FROM TEXAS.
LAT
The steamship N--ptuie Capain Rollins arrived
yesterday from Tex is. bringing Ho"-ors papers to
the 15th and Galveston papers to ih- l5:h inst. Tho
news is not particularly itupor-ant
The pipers contain no sort of infirmation wi.'rt- re-
gard to the reportrd escape of the Mier prisoner.
Mr. Robert II Beale. one of the soldiers captured at
Mier. arriveel at Richmond a few days sinc He is
one of the S who escaped from that town on the 20:h
of January lie states thai ?Ir. ICuykendall and .-eA
eral others of the wounded prisoners have die! 01
their wounds. The names of those wha ear.tvl with
.Most oi Jhe . 'cxican lamines wno accornpnaiec ;
Gen. Wool in his rr:ro' rYoni Bexar in September-
last have relumed to Bexar. Many of them are
quite destitute and in a wretched condiiior. They
say they were induced to accompany the Mexican
army because Col. Seguintold them thai they would
all be massacred by the Toxian soldiers if 'hey re-
mained in Bexar after the retreat of Gen. Wolf.
The editor ofthe Houston Telegraph has been in-
formed that Gen. Felix Huston has recently ex-
pressed an intention to aid m conducting an expedition
against Mexico.
That piper add.:
The news of the battle of Mier and the capture-o-f
Col. Fisher Green and so many of his old compan?
ions in arms has caused him like Achilles after thi
loss of Palroclrs.to forget his private antipathies ana
ae-ain buckle on his armor for battle. He would be
a welcome "volunteer." Many of his old soldiers ara
scattered throughout Texas and would gladly raihl
round him If we mistake not the signs ofthe tiniest
a darker cloud is gathering over Mexico than any
that has lowcrcel above her political horizon since her
existence asa nation. Fortunate will it be for her ifsh
will extend the Olive branch ofpeacc ere it be too late.
The Galveston Civilian states that Cajitain Heustoa
the wealthy English gentleman who has lately visit.
ed our country in his yncht has imported extensive "
apparatus ofthe late invention for packing beef and
we learn designs erecting a large establishment for
tho preparation ofthisarticlcfor exportation. Capt.H.
wo understand is pleased with the country and has
made purchases of rral estate.
m
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De Morse, Charles. The Northern Standard. (Clarksville, Tex.), Vol. 1, No. 30, Ed. 1, Thursday, April 6, 1843, newspaper, April 6, 1843; Clarksville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80480/m1/2/?q=%22~1~1~1%22~1&rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.