The Southern Intelligencer. (Austin, Tex.), Vol. 1, No. 39, Ed. 1 Wednesday, May 20, 1857 Page: 4 of 4
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tratara Inttlliftnw.
■if tO, ¡8Í7.
,
H'ITIÜ, WEBUESIAT,
Springfield, May m, 1851.
Dmr JfUMigtncr: Ben™ gomin
on Cedar Creek,
about tvro utile from Wheelock, where
we commenced opurtliom. The water
at tliia olace tolerably fair, but not ma-
te only middling. The
thiipl ^
cóautry aivond Wheelóck la fluo"prairie
land, out beyofid thia creek it (a aaud,
bmt
poat oak land, which produced very wel
ffei
if
> left tliia placo yesterday, aud jour-
neyed t« a stream called brushy. We
left this camp next day and on the fol-
lowing m irning, the Slat, we celebrated
the auuiveraary of the battle of Sun Ja-
cinto by a kind nf /rolle at Owensville,
tira county seat of llobertaon county —
It is a small place, although rapidly im-
proving, ana moat of the houses are
newly put up. This day the 21st, we
camped at Walnut Greek, about four
miles from Owensville. The country is
post oak und sandy land, with but very
little prairie. Our conreo as far as
Wheeiock has been about north east,
from thence it has been north west, ru-
rying a few degrees. This morning we
travelled to Alto Springs, in Limestone
county, which is a fine rolling country,
well wooded, but not so well watered^
but wells can be dug and water can be
had. The country where we arc now
operating is like that north of Austin,
but better land. The crops in this
county hate bud a fine start, but they
arc now entirely destroyed, and they
will have to be replanted. Our surveys
concluded yesterday, the twenty-fourth,
and we have come now down as fur as
Big Orevk, about six miles from the
Brazos, and five from Marlin. This is
very pretty place aud improving rapid
ly. Yesterday we visited a place on
the Brazos for the purpose of proouriug
provisions. It is a farm which belongs
.
J
felfeé
pf'f7
■ ■ Í
to Mr. Junes of this couuty; he has every
thing ncucssary for a hu ge plantation,
or a little town, lie has two thou-
sand acres nnder fence, five hundred
in cultivation, ami works about sixty
hands, and here, far the first time 1 saw
wild doer feeding in fenced fields It
reminded me of the oft-heard of celubrat
cd parks of Enghtud This Bra%oa bot-
tom laud exceeds any in tho world for
producing every variety of crops. The
bottoms are covered with vegetation of
every kind: the most luxurious growth
!s the wild
thyme, and
a variety of beautiful flowers. There are
mony species of trees. In fact it is a
fine field for botanical operutions. All
articles in the shape of provisions arc
scarce, and prices exhorbitaut at this
place. At Marliu we could get no fl<mr
or meal, and people are sending to tho
Trinity for corn. Bacon la scarce, for
the people do not wish to sell their moot,
been use they are afraid that their hogs
will die, the mast being killed, and at
•II events tlu-v will bo too |*>or to kill
tve have had up to this day
wind, and wo find it <l¡a-
" woods, as wo did so iuyúr-
liter. Cjuíto a good "jo han<w c
tho other day whilo we *
running off a survey; on tho vacan-
cy was a squatter, and ho vory soon
came down to see who we were. M.
8." advanced to meet tho sturdy-luokiug
backwoodsman, with anything but a sa-
tisfied air. They met and quite a ipicy
debato ensued. When M. S. came to-
wards ns with satisfaction plainly de-
picted upon bis countenance, and mtro-
' the settler to us as his cousin, hia
dear long lost relative, who had
'"i Texas without knowing the
whereabouts. This seemed to
.rties, and arrangements
rdingly. We coucluded
ts oil the 26th, and the
oar camp to Rocky
route lay through
the bino rulgo, from tho
it makes between the
other streams, and also
from its heal
here is
thy locality. The country
' thickly settled, and some
m
.f088
gMÉÉiii %
" " m'
very
farms are
wheat looks
to be seen. Tho
well. The people
plenty of every article
Yesterday, tho twenty
OpiiUa of the Supreme Court.
Delivered at Tyler, April Ttrn, 185T.
beaver, )
vs. V 1250.
BATTE. )
Error from Titos Coontt.
J. Roberts.—This a motion for a rule
against tho Sheriff*, Beaver, to compel
him to puy the balunco in his hands,
raised by tho sale of a lot under un ex-
ecution by Hill, or an order from Hill to
pay the same to Batte. Said money
was a surplus in his hands after satisfy-
ing an execution sgainat Hill in favor of
Wilks, Hood, and Black.
Beaver filed exceptions to the motion
for rulo, in which he denies all right in
law to proceed against him in this sum-
mary way by motion, but the said right
only exists in favor of the party entitled
to the money from the process addressed
to him as Sheriff, &c."
This exception involves two distinct
propositions. 1st, can any one not a
party named in the execution institute
this proceeding, however good his title
msy be to tho money in the Sheriff's
hands ? td, Admitting ho can, doea
tho possession of an order from a party
named in the execution, who has money
in the Sheriff's hands, confer upon the
holder a right to sue in his owu name
in this proceeding.
A third question also arises upon the
fscts as thoy appear in tho record. Can
any party maintain this motion without
showing u demand of the money from
the Sheriff ? There aro other questions
involved in tho case, which from the
view wo tako of it, need not bo noticed.
Tho sections of tho stutute upon
which this motion is made, and upon
which tlicsc questions aviso are as fol-
lows : (Hart. Dig. 418.) Art. 1829,
" That if on tho Bale of the property,
more money Is received than is sufficient
to pay the amount of tho execution or
executions in tho hands of the Sheriff or
otlier ofllcer, tho surplus shall bo imme-
diately paid over to tho defeudunt, his
agent or attorney."
Art. 1838, " That should any Sheriff
or other officer fail or refuse to pay over
money collected under an execution,
when domandod by tho person entitled
to receive the some, he shall* be liable
to poy ten per cent por month on tho
amount so collected, besides interest ami
costs, which may be recovered of him
and his sureties by motion before the
court from which such execution issued,
three days previous notice being given."
Upon the first point it may bo very
well doubted whether tho statuto con-
templates tho defendant in execution
ut all as a party upon whom is conferred
tho right to this summary und penal re-
medy. It has been decided by this court
thut tho statutes authorizing suiumury
proceedings against Sheriff's, are to be
strictly construed, and that every fact
necessary to a recovery must appear
ujion tho record. [Hamilton vs. Ward,
4 Tex. Rep. 868 ¡ and Dciritt vs. Dunn
16 Tex, 108.
Admitting that this remedy bo ex-
tended to tho defendant as well as plain-
tiff* in an execution, can the defendant,
by any instrument, aud upon considera-1
' fji hiu intiwwé nttj* J'umJn
of tho Sheriff as to autho-
rize the assignee to make this motion
in his own name. We think not. Such
motion must bo inada in the court from
which the execution issued. [Hart. Dig.
Art. 1838; Dewitt vs. Dunn, 16 Tex
Rep. 106.] It is founded on the record
of tho case in which it is made, and
should necessarily correspond with the
parties to the record. To hold the con-
trary would subject the Sheriff to any
number of motions by different assignees
of the same funds in lus hands, and make
him determine, as between them, the su-
perior title to it, under a penalty of ten
per cent per month on the amount. It
has been held that a rulo against/the
Sheriff is not the proper mode of deciding
the rights of different parties claiming
a ftind in his hands. [Dawkins vs. Pour-
cases where the agent has a right to
sue by uiauuer of his deali: g wit i the
party sued. In this case on tlie refusal
to pay or to accoptthe order by Borer
there could be no privity between Bea-
ver and Batte, and no right to sue sim-
ply on the order, without averring a
greater interest tlmu the mere agency
to receive, created by the order.
As to the last point, whether or wt
a demand is necessury to be made and
proven beforo tho motion can succeed.
The first section of tho statute ubove
quoted makes it the duty of tho Sheriff
to pay over the money to the defendant
his agent or attorney immediately. This
is only declaratory of his duty uader the
law without the statute, aud does not
regulate or iu uuy way control the re-
medy. The statute [Hart. Dig. Art,
1833,] permits such u motion to be
adopted as a remedy, with its penal
consequences only after the Sheriff'shall
bo pluced in default by his failure o" re-
fusal to pay, when demanded by Un-
person entitled to receive the samo.
The proof in this cuse does not show
that any demand was made. Tliia cause
is therefore reversed und remanded.—
Tyler Ilepnrter.
Tobacco.—A Doctor Budget t liss pub-
lished u pamphlet in England ng;iinnt
tobucco, in which lie says : "Tho essen-
tial principal of tobacco is nicotine, oi
which a single drop will kill a dog.—
Amongst other pleasant little cons -
quencos may lie enumerated enervation,
hysteria, dwarfish deformity, consump-
tive suffering, und early death of the
children of inveteretc smokers.
JOT In selecting Wall papers, avoid
those colored with the bright green,
known us " Scheele's green," the prin-
cipal ingredient of this is arsenifius acid,
which constantly exhales iu a poisonous
inodorous gun, iu damp weather, and
will cause death to any one closely con-
fined in tho room.
Opbnimi ok tiik Ohio and Alrssisstm
Railkoau.—The great central lino of trav-
el connecting the valley of tho Missis-
sippi with the East—the Ohio and Mis-
xiasippi Railroad—from 9t Louis to Cin-
cinnati, is now open, thus shortening
the time between New Orleans and the
noithern cities at least twenty-four
hours, The time by this route from St.
Louis to New York will be about forty
hours, thus bringing New Orleans una
New York, by easy and comfortable
travelling, within a little over h x days
distance. In a few days, wo understand,
a time schedule will bo published here
for tho guidance and information of the
travelling community. In the meantime,
through tickets by this route will be
sold by Col. W. E. Redding, at tho Illi-
nois Central Railroad office, under the
St. Charles Hotel.—¡V. O. Trite Delta
HUME OPERA.
Si icc tbe nlglit wh' 11 Ike wont to the open,
he tux been (tw Mr . Pari.melon w..vO • uruiy
iu a bed bug; ami the kind old diiui« r.n* been
fearful le«t Us«bosld become rum f mftit minim,
through hi utt'-mpl at imitating; tbe o|ter*HCK
The next innruing after tb opera, at tbo brcuK-
firt table. Iko l eached over bii cup, aud iu u
aolt tone muk :
Will yon. wilt you, Sir*. P.,
Help me to a cup ol teaT"
The old lad* looked at him will, aurprlra, hi
conduct wa so uausual. and for a moment ht
lieai tuled. continued iu a more luipiwaioued
•train :
" Do not, do not keep me waiting,
Do not, |>r y, Ik' lieidtntiiig ;
I inn ttiixinu# to he drinking.
So pour out a quick a tlnukiug."
She pave lilbi tlie tea with a *igli, a he law
tliu exeitCHK'iit ill luco. Hi' Hiirrcd it iu
alienee, and in hia alien action took three tpoou -
fnl nf Hu«ur. At last he wing again :
'• Table cloth , and enpa ai d nancer ,
Good white bread and active jaw «ira ¡
Ten— gunpowder and i-ouchoug—
S'.veet enough, but not too strong ¡
U id lor health to eat hot biscuit,
Hut I'll risk it— Butter'Jl tlx it."
••What do you mean, my poor boy!" «aid
Mr . Partington, tenderly.
"All right, steady, never elenrer,
Never lined a l.reakfaat dearer,
i am not bound by witch orw ¡uaril,
.So do not fret your prtcloua gizzard."
'• Il.it, I-iiac,'' persisted the dame : Ike lruck
!iis left hand upon the table, swung his knife
«loft in hi liiilit, and louklng at n pinte npon
the table, broke forth :
'■ What form Í that to mn nppcaringt
I-i it niackirel or herring t
Let me dash upon it quick,
N. '■ r ngniii ib't fish shall kick—
Ne'er iignin, though three as lnrge—
Charge upon them, Isiac. charge 1"
fine Urge
Spring wl
appear to have
of consumption.
eighth, it commcuccd r¡fining, and rained
very deadily throughout tho day. The
I aud water ara good at this, liock
We have plenty of fat venison,
il are getting along finely. On the
i tho day waa cloudy, mid threaten
— -*< . t To-day. the 30th, oponed with
a flue rain, and heavy thunder, and con-
tinued stormy until about two o'clock,
•nd then cleared off fair. Our work
i bravely on, and we arc securing
i of tlie finest lauds in the titatoroi
Thia, the first of May, it blow a
ir all the day loug. Today,
going in tho direction 'ol
i were travelling upon an
o Buffered severely
many deer and one
itang horses. This
, it the county aeat of
ty. It la a moat pictu
and growinir handsome)
noi even a grocery ta Here,
at thia place are atrlctl.
They arc good churcl
drinking people.—
kino /or a town In
•o abstcmiuius.—
place to locate in,
' li
<■. . •
W. D. p
San Antonio
night two
or
[ m ji
son, Sd Bailey 010.]
If the motion be allowed hero in the
namo ol an assignee, that consequence
must follow for other assignees, claiming
sit|ierior rights could hero intervene and
claim the fnnd, fur here it is well estab-
lished that any party having an interest
may make himself a party to h suit.
In Kentucky it has boon held that
when money was paid to plaintiff in an
execution by the Sheriff, it could not be
recovered in a suit by an assignee of the
judgment against tho Sheriff, although
it was shown that the assignee domand-
od tho luuiiey, and gave notice of the
Assignment beforo tho money was paid
over. This was determined on the rea-
soning that it was unreasonable to com-
pel tho Sheriff to decide between par-
ties contonding for the aume money ; and
that in such case ho was justified in
paying to tho party to the execution ac
cording to its directions, however su-
perior tho equitable right of the ussig¡
nee may have been.
In thia State a party having an equit-
able interest, as assignee, in the funds
in the hands of the Sheriff, collected by
him, might bring a suit to recover it be-
fore It wus paid over, end make auch
parties and obtain such process as to
secure his object. In such cone the She-
riff would be relieved from nny onerous
nenalty. It does not follow from this
however, that such assignee can make
a motion for a rule against the Sheriff.
It would introduce a new party in the
proceeding, aud it would subject the
Sheriff to tho hardship of litigating or
determining, at Ills own riak, tho con-
dieting rights of claimants under a se-
vere penalty, and it would implicate
what is Intended as a quick, simple re
mcdy to close a suit already determined
w'ith the incidents of a new suit, which
may have all the expansive attributes
of a bill in eqnity.
Thia la déclslve of this ease. As to
other questions, it ia only necessary
' bare possession of
by Batte, doea
le in his own
him an agent
more right to
U an the
sue the
McarHgna Sympathy Meeting.
Agreeably to notice given iu the col-
umns of tho Picayune, a public meeting
wus held last evening to devise means
for the relief of the Nicaraguan volun-
teers brought to this city by II. Ii. M.
steamer Tartar.
Di'. J. II. Unary tvhh vnttwt fn tho
cfiulr, and the following Vice Presidents
appointed : O. W. Amacker, St. Helena
parish, La.; E. F. Calhoun, Austin,
Texas ; Nathan Corby, Hancock county,
Miss.; John Goodin, New Orleans, Mr.
Jean 0. Arnold was made Secretary.
Tho most of tli* Niesrsgnau volun-
teers were present, tho great inujorify
being miserably clad and looking as il
they had seen hard times.
Tho chairman briefly and pertinently
explained tho objects of tho meeting.
Mr. Calhoun, of Texas, one of the
volunteers, then addressed tho audience,
giving a statement of soino of the
trials they had undergone. He gave ft
picture of tho condition of Loskridgo's
command after tho explosion of the
Scott on tho San Juan river. Tho
American commander refused to have
anything to do with them, audit was to
the British lilHcors that they owed their
lives and return to tho States.
Tho volunteers had done honorable
service, and obeyed their commander
to the last, and now they were left here
entirely destitute. New Orleaus, he
said had already done much. Nine
tenths of the-money had come from her
citizens for tho Nicaragua cause, and it
was almost aHkiiig too much to look to
her for further contributions. But no
other course was left, and he hoped thut
they wenld aid his comrades.
Mr. Dawson, of Georgin, in reply to nu-
merous calls, oamo forward. He avow-
ed himself a friend to Nicaragua. He
could spoak for his own State ; Georgia
had contributed men und money to uid
the cause, and f.hc wuh ready todo
more'. Ho hoped Gen. Walker would
succeed finely, ond triumph over his en-
emies.
Several other speakers afterwards
addressed tho meeting, and then the
Secretary aunoiiliml that forty-ono dol-
lars had been subscribed for tho relief
of tho volunteers. In addition to this,
$125 had been collected during the day.
The meeting, on motion, adjourned
with " thrco cheers for Walker and
Nicaragua."
Rtoirrs or Cocnskl and Client.—This
subject has roceutly been discusxcd in
the English court*. Held that within
the compass of his ordinary functions,
the choice of argument and tho general
tine to Iks pursued, the lawyer is vested
by his client with absolute discretion.
But compromises and settlements,though
matters of frequent occurrence in law
suits, donotoome within their fuuctioiiH.
The general business of a lawyer is to
" fight" out his client's case, and he can-
not undertake to settle it by compro-
mise without & special authorisation.
Tu the Friends of Education.
Several teachers have associated
themselves together, for the purpose
of establishing u permanent School oj
the highest frnule for tlie education oi
youug ladies. For this institution,
they nre desirous of selecting the most
eligible locution in the South. Their
ooject, in publishing this Circular, is
to solicit information with regard to
every point which cun ofTerttrongin-
ducements for establishing such a
School. With regard to the particu-
lar locality, they lmvo no preferences.
Proposals will be received until the
15th of June ; and then the selection
made will depend exclusively on the
inducements offered.
AH who make proposals, are re-
quested to give full information in
regard to the health and accessibility of
the placo they recommend, together
with its moral and religious character,
and the amount of assistance which
they are willing to render in further-
ance of such an enterprise. Asmucli
time may bo saved in making ar-
rangements by statin" terms explicit-
ly, all proposals should be accompa-
nied with a particular description of
the site selected for this Semina ly, to-
gether with tho terms on which it
can be secured.
As ft is desirable* that tho School
should coinmeuce by the 1st of Sept-
ember, it will be necessary to secure
a building sufficient for tho accomo-
dation-of about thirty boarders, until
u suitable edifice can be erected.
lleiug convinced that our systems
of education generally, anil in Board-
ing Houses particular)/, are susceptible
of great improvement, they intend to
conduct their Institutionon a plan ma-
terially different from those generally
adopted. Whilst nothing essential
to tho most rapid mid symmetrical
development of tliu mental and mo-
ral faculties will be neglected, the
physical education of the pupils shall
receive special attention. It is an
appalling fact, that the physical consti-
tution of many young ladies
Jul Hewlwi.
XTERY luptriur Sni«r« toil Tul *nn. oí oirlniit c-IioIm
V I..W. ÍTr I.v IMKrn "WTII
Commluioner'i Sale .
PURSUANT to M decree oí tbe District Court of Bexar
couuty, i will, M CoromleelowBT appointed by etid
DOZLN httinapitrilio, iu tore aud lor ««le low. by Court, * II o ibe liiKheat bUWerbefore tLe CowtUouae
' lUKFH v door of Trevta couuty. at * o'clock KM., on lue*i«y,
the 6(h <i*y oi Jnuunry next, the North half of lot No.
TWO in block No. fclXTV NINF., (Lot No. 8, block 69.)
On tbe Eaat tide of Congress Avenue, a^jolulnfl tbe
Arcade, tiüe willed by long litigation aud uow iudiipu-
taMo
i. A. pascual.. -OKO. w. ra3chal• - thos. A. STatBLlXO.
PASCUA LS & STRIBLING,
ATTORNEYS AT LAW,
WILL attend tbe couru at 8«u Amonio aud Audio,
aud •urrouudliiK countlt-a, ami tbe Supreme aud
Federal Cuurrv at Austin and tialvcatou Addlrc.
OKO W. PASCHAL, Au.tlu, Texaa,
HAHCIMI 4 frmm.iy .
GKOltLiH T. lJOAKLCaAAi,
Sff&a£OH BfiHXISV,
AUSTIN, TKXA8.
fAfl reniovod bU office from llkkory Bt. to Hancock's
11 building, two doors from the post oltice, Pec n street
Jr. II. calls particular at tent lo to bis success in preserv
mg tbe iiHturnl teeth, thousands of which are lost by ne-
liéct and bad operations. Artificial t«etb inserted on tbe
lost improved method. All operations guaranteed.
IV* l.adies waited upon at ibtir residences if desired.
Ans'iu Dee. 24. 'Sfi, nU—ly
ri l'A'I'r. OK '1KXAS, I
Uuim-t Couuty. I
TA ICEN UP >y Cluirlf* Bolt, ftud eslruyed
hi-toru John How Und. K q.. on tlie 20th dity ol
Fub., 1S57, one brown or black liorse, uliout 4
year old, 13 1-2 baud* liigb. unmaU t r on tbe
l'orvlit'iid, no ninrk or liraiidn perculvuble. Ap-
. .«/a i vi ii i ami i? i\
QkOROETOWN
fTiliK subscriber still ktHpsopen bis house, known as
i. tbe stone building, where his table ia alwnya abun-
dantly supplied with the best whieh the couutry aflbrda.
Couueoted with'be eatablishmeut is an
EXCELLENT STABLE,
alwnva well supplied with provender, and attended by
careful os. lei a. Art ungemeuta are being made to eularttc
the house aud to incrcuee the accommodations for Üie
public.
March IPtb. 1PW—nnffO; 1 v
XI.
P RI N T K It 8' W A U G H 0 Ü 8 E.
105 POYDHAH HTRBBT, NEW OltLlCANH.
>RF.r«8EH, TYi'EB, Paper, Carda, Card Uoatds, aud
furiiueiiiL' of every description.
TKKM>^—Pour mouths, City Acceptance.
Anw íí7; no!—' v
ArrtiiiTKD Suicide.—Ou Friday even
log last, a young German by tlie name
of Henry Buahmnii, who uutler charge
of etnlwatling aome other puraona gu ias
while being arrested 1 y an officer step-
ped Into (no back room of Mr, Hyke's
«ttiro on Aaeqoia street, and inflicted
two acTore wonnda in his left aide with
a knife, evidently with the intention ot
killing himaelf rather than go to jail.—
The wound* are not mortal, and at last
getting better.
--TT$JdUc,>t
us scrious-
y iinpuiruil during their connection
with Hoarding ¡Schools. Every gua-
rantee which can be given against
such lamentable results, will be found
in the School proposed. The most
stringent regulation in regard to
health will be rigidly enforced. In
both the Boarding Department nnd
the School-room, every thing shall be
oiulucted in a style that cannot fail
to give satisfaction. The compensa-
tion must be liberal and tho accomo-
dation shall be superior.
The Course of Study will embrace
every thing necessary to a thorough
and accomplished education. Neat-
ness, system, and politeness will be
required of all their household.
The Teachers thus associated arc
all of high standing in their profes-
sion ; thoy luivo all enjoyed superior
educational advantage ; they bruuto
their aid the experience of many
years; and they can furnish the most
satiafactoty testimonials with regard
to every qualification requisite to
the success of such an enterprise.
The plan of organization, the
method and course ol instruction, the
modo of discipline, and, ill fact, every
thing calculated topromotethcobject
of tlie School, have bee throughly
matured; aud, when presented iu
detail, th y cannot fail to receive the
approbation of all intelligent people
I'ostmoBters and others, who receive
tlii^Circular,are respectfully request-
ed to give it as much publicity as
possible. >
Proposals should be sent as early
as circumstances permit.
Address, Box 543, Poat Office,
Memphis, Tennessee.
M- Tlie Detroit Free Press says that
tho tirst Congressional District ot Michi-
gan, which last year gave between eight
und nine hundred Republican majority,
lias gone for the Demócrata by 650 ma-
jority. "Bleeding Kanaaa," it aays, has
had its day, and the " Dred Scot deris-
ion " cry has worked not the slightest
benefit to the niggcritea.—N. O. Tmt
DtO*
PBIICLAMAÍII1N
/?;/ the Governor of the State of Terns.
WnEREAH, (ho Li-ciflnturp nt its ii'ljiiuriied bck-
ftinn, 1850, |nii«aed « Joint Reánlutinli, pri'pim-
iiis to ntnonil the CmiHtitutitin nf tlie ütatf.
wliicli in iu tlx'ie word :
•' JOINT RESOLUTION pro|io«ing an
nnii'iidiiu'nt tu lht> (.'nii titiitiim.
lie il Henolieti h;t ilie Legislature of the Slate of
Texaf. Tlint the f'<>1 It.wüitr lit* |irn|iii8('(t iu> «n
Hiiiendineut tutho CotiRlitutinii rf the State of
Tevn«, which, when ratified a* provided fur 1>v
llii> thirty-seventh aeetinn of the seventh article
nf siiid Cm ititutinn, slia l lie valid to ell intent
and pui-fMit** as e. part of «aid Constitution,
to-wit:
In ease a vacancy shall from any cause occur
in tbe office of Judge of the Supreme Court
Jndue of the District Court. Attorney General,
District Attorney. Comptroller of Public ac-
count*. Trersurer of (lie Stafe or Commissi' ner
of the Gen ral Laud Office, tlie Governor sluill
appoint some suitable person to fill such vacan-
cy. who shall continue to discharge the duties
of such office, until tlie time of the next general
election established by law f,.r the election of
State or County officers and until bis successor
shall have biMii elected and qualified."
And whereas it becomes my duty, in obedi-
ence to (lie directions of the * '«institution to have
said Joint Resolutions published in the public
prints i'f the State, for at least three months
before the next general election of Representa-
tives, fur the consideration of the people, and to
require the returning officers of elections, at
the next election to be thus hidden, to-wit: on
the first Mm day, 3rd day nf August 1837. to
open polls at the proper places in tlioir respec-
tive counties, to take the vote, upon said pro-
posed amendment to the Constitution, and all
those who vote fiir Representatives and make a
return ofsaid election to the Secretary of State,
giving the names of all those voting for Repre
sentatives. who liavo voted on «aid proposed
amendment.
Now, therefore. I, E. M. PEASE. Governor
of said State, do hereby order and direct that
the Chief Justices of the several counties of
tho State or any two of th« County Commission,
ers if necessary, canse polls to be opened at the
several election precincts of their respective
counties, on tho day and at the time of the elec-
tion of Representatives to the Legislature, to-
wit: on tbe 3rd day of August 1P57, to tnVe
the vote upon said proposed amendment to tb
Constitution of all th"«e who vote for Represen-
Hri'trrTi rtirnnhi ninj hp repressed thus, " For
the amendment to the Constitution,'' or 'Against
tho amendment to the Constitution " as the
voter wishes, and to ma^e returns of said elec-
tion giving the names of those voting fur Rep-
resentatives. who have voted o-> said proposed
amendment, to tbe Secretary of State at Austin,
and endorsed "election ret'urmof County
on the pmposed amendment to the Constitu-
tion."
In testimony whereof I have here-
unto signed niv name and caused
the gTeat Seal of the State to be
affix d at the Citv of Austin, this 11th day of
\pril A. D. 185 . and ot the Indepundnnce of
Texas the twenty second year.
By the Governor, ' E. M. PEASE.
En.Cl.ARK. Secretary ef State.
NotI:. The different papers of the State are
authorized to publish said proposed amendment
for three months betore the next election of
Representatives, and will forward their accounts
to the Secretary ef State.
Anvil aa. T,7 n3S:;Mt,!.
non.
L.A. THO MPSOIV,
WORSE? m erQlULBB
AT LAW,
GALVESTON TEXAS.
COUNSELOR AND ATTORNEY
AT LAW,
TV/tcoy McLennan County, 7eras.
FOH ^ AT.in,
MY HEflmENl'K ON THE *11!.I„ huir mile coat
oí th« City of flnu Antonio, with one huiidrrnl ncrea
of excellent land, Adjoining end fronting on the Itnil
Road Emctvp, nnd within tho corporation lindia of the
city, hlmndantly attpplit d with excellent wnfer. Gentío*
men who are deaü'oua to secure to themadvea oneol the
mo at dcalralde nnd honutitnl rraidoncea in Weatern Texaa
wiJl do well to call for further itdormntion at the prem
iaea. A. M. DIOMOWiTTY.
ArVrnio !> • 7 1P57: Htn
€'• «V A, f>. Iflr<4iiaiiiai9
UTTCRimS AM) ITISíFLOlíS AT I AW,
BASTROP, TEXAS,
Will practico in the cuuntiea of Bnatrnp, Fayette,
Murlfaon, Williama* n and Trnvia, nnd iu tlie Supremo
and Federal Courts nt Aimtin,
Particular attention Riven to land auiti and the collec-
tion of deh-r, nnd all hus'inee* before the Court of Claiina
Hkfkr to—M. O. Diinou nnd Nell in Hurch, Haa rop;
Hon. John Hnuco< k. lion. «eo. \V. Tnachal, and John
NV. Ilwrria. Kaq . Ana in. 1 p ty.
WArVTHO.—A aoher, induatrioua. encr,oiic man, in
each county of Northern, Middle, and Weatcru
Texaa, with whtini to f irin a connection, fur the MAMJ
FACTURE OF HHICK, u| on a chrnp and improved
plan. A practical workman, and man of family
preferred. Addmaa N. C. IIAYMOND, Auatln.
A va in, Aprf.nnn—tf
The 'íi.sa'.íísiuttíí'itósí,
method to
inform the uublic that his ferry and road isnow
in good order, and all liemoos traveling from
Austin to Lockhart will find It two and a half
miles nearer than Ly Swisher'! or Grumble's
terry.
CAMPERS & WAGONERS
u ill find it to their advantage to travel this
road, as they will find water at the following
[•laces in the dryest times: Mc' alls branch,
Williamson's creek, Onion creek. Marblecrcek,
Maj hare creek. Willow branch, Plum creek and
Lockhart. Distance from Austin to Lockhart
by this route *7 miles ; ly Swisher'* or Urum-
'■Vi ferry, twenty-nine ami a half miles.
8AM STONE.
Austin. April 8th, 1857— noXl:4w
T~* bus :—Tie property will be sold ; «nil if It brinf
two-thirds nf th« vuluaiiou, cssh ; if not « on
uiotitlia tiino—wt'll secured. F. L. FAflCHAI,, Coin.
INov. I Ii. 1MB. Wn. 13-TPS.)
E, \V
, j Ilin i'c, •«-•♦ - — • *
JAMES 1 MAGILL. CI rk C ,C. B.C.
prnisid út «2U Oil by 11 H Culvert nutl
MeKee. Thin Feb. 21st, .
COTTON PLANTATION
FOR SALE I
THE COTTON PLANTATION now occu-
pied by the suliscriber. situated about two nuli-f
I'rom the c'ty of Amain, on the west bank of the
colorado river. Is ottered for (tile.
Tlie plantation contains 348 ucres of land If
417 vara , front on the river, antl runs back for
iiuanlily; about III) acres of bottom land are now
cleared and well fenced, about 175 acres is cov-
ered with a heavy growth of bottom timber, Un-
balance of the l.iiid is bottom and prairie. The
laud is well known and is egteenud to be one ol
the most compact, nnd valuable tracts of land In
die cotton region of Texas There are two good
-pr'ngs thut never fail, from which a portion lit
,he land cnuM lie easily irrigated. There nre
good negro c.tbius, corn cribs, stables and yards.
To a person having a large gang of negroes,
an opportunity is now ottered, Unit seldom pre-
cents itsw If. It will be sold and linmcd'nte pos-
session given. Presuming no one will purchase,
without personally giving the place a close nnil
l borough examination, a ride of 20 minutes IVom
the cily of Austin, will take you to the planta-
t oil, and it will bo found ready and willing to
spi nk lor iti.seIf.
For pi le and terms apply to
\V. 1*. DkNOKMANDY, Esq.. Aust;n.Texas,
or THOMAS F. CHAPMAN.oh thepr«.m! .'s.
Austin. March 25th, 1 H."i7—no''] ::tI.
F. HELLEKMAN.
BAKERY
A ATD It E S TA IT 11 ANT,
fl4-3m
TEXAS.
Itcf'-pshment' always r'i'dv:
Pliiliii I'lHliuiiriic,
LT LAW, Daatrop, Texaa, j
I TTORNF.Y AT l.A\V, llaatrop, Texaa, praeticeain the
il 'Jnd Judicial District, and in the Supreme and Federal
Conr a a AuaMn.
Oct lat. 1R.V>—1-8-1 v
uko. vv. Junks, Diunucr Atiohn;:v k. i1. i'xttv.
.tones & I'etly.
ATTORNEYS AT LAW, Has nop, Texaa, practice in
t\ tho i.'nd Judicial District, and in the tjujucine ami
Fe*l 'fi l ' • o"'* Aii ,!« Qi'f, 1« . 'P5,fí—
W
Will.um Oliplanut,
ATCIl MAKKK AND JEWELLER, rocín ftircct
Ann in. T'-xi-h, Auit. '¿7: eel—tf
A. H. CHALMERS,
^ í í o r n 18 at fate,
l-^láforgriown, texan.^j
Will practice in all the Courtt of the 17fA Judicial Die-
trict, and in Bell, Burlcton and Travis Counties.
REFERS TO
John A. S¿ R. Orcen, Auatln Texaa.
Hancock A West, " *• '
Hon. T. H. Duval, " •'
Ot o. VV. I'arciial, •* ••
F. T. Dukfau, m "
s ( r"-ny. " u
1ICHMONS m o Tit.
Ht. CHAPMAN oc J, C. HLOVEK, having purebaaed
• the entire intercut of Jaa A. Gibaon, in the uichmond
ilofi l, will '•otr.ir.ue the huaiueaa on their own account.
They take thia opportunity of icturning their thanks to
those who havi*fu liberally patronized them,'nnd aolicit n
continuance of the same.
The iraveliuff community ia Informed, that all the
•tapes munJiig from thia place, atop at their house. The
line fiom this to Austin by way of Columbua, LaOrange,
llastrop, Webbervillcen route to Austin, and frofn tltence
u Hnii Antonio. Ateo the tino by the wiiy oi Culumhus.
Hnlletsviile, Gonaales, Sn/tuin, and on to San Antonio,
and also a line from this place to Wharton, all of which
run in connection with tho Uarrisburg railroad, ami
thence with the New Orleanaa'eamera.
Passengers atopping at thia Hotel from the cars or
staees, will have their baggage carried to and from the
i Hilroud, free of charge.
Having aold my intcreat in the Richmond Hotel, to I!.
T. Chapman ami J. C. ¿lover, I take pleaaure in recom-
mending them to the traveling community aa persons well
acquainted with the business of hotel keeping.
„ . . JAMES A. GIBSON.
March 1Ptli, J8r>7—nr30::lm
pONKKKftM WATKK—direct from Clark &
White's springs, New York. For sale at Smith's Ho-
tel. A constant aud fresh supply regularly received.
A us'in. Feb ll • ni>.V—nm
A BBATJTIPUIJ
FAMILY RESIDENCE
' for salk.
QITÜATED on Pceati street, city of Austin, oppoaite J.
Bremo mi , cmitaiirfng five lota, now occupied by John
firandon. Price 2,300dollara, one half of which may be
paid iu stock cattle. Apply to
L. D. CARRJNOTON, or S. B. GII.ES.
Austin. Mareh «Wit. 1 pr-7—tio31 ::tf
SCRIP No. 75, 7(J, 17, and 7tl, each for 0-10 acres of bind,
issued by Thomas Toby ou tho 8rh August, lt :ifi. to
Samuej M. Williams, aud l y him transferred to Edward
Hall of Virginia. IhileNS heard of within ÍIO days I shall
as aient ofsaid Hall apply to ihe Commissioner of claims
tor duplicates. • JOHN M. SWISHER, Agent.
M*'ieh i.'ith. m57—nelll -Pw
M. W, lOU NMUKO,
(8tTCCEa80R ro NATHANIKL towntrnp.)
DEALER IN Han ware, Cutlery, Saddle aud Carriage
Furnishing, Saddle aud llameas Lewiher; Sweedes
Teniu asoee, and Anieriean Iron, and Cast, Spring, Gei
man and Flab Steel; Dru-'s aud Medicines, Oils, Paints
Window Gloss and Glass Ware. Also Sheet Muaic, Mu
sicS. Instiumeiits. ifcc. The same variety of Goods a
heretofore kept at this Establishment, Low for Cosh.
Also a Splendid Rosewood l'iauo for sale.
N. B. i rescript ions compounded from Schiefleliu's
F.x'r" D-n. s. a< ri| h Mirs Austin, Sent 3: r'?— ly
I OM'I biauity Warrant Certtficaie for six hundred
and forty aeres {No. not recollectod) issued by Ilenardo
Bee to Theo. A. Martin, if not heard from willdu the
time prescribed by law, application will be made to the
proper authority for a duplicate. L. H. LUCKETT.
Austin Man h 1Kb, tpfo—mflOvflw
Boil. H. Basnett. Jeflernou lius ell.
BA8SETT & BAS8ETT,
ATlfiRNlBS AND ClllNSELLOS AT LAW,
Hrenl nni. W i- •• ng'on C'\, Tevm.
¡SALT! ¡SALT!! SALT!!!
the salt works of swenson & swisher
BE now In ssucccssful operation, and there is en hand
upwards of 1000 bushels of salt. It ia anticipated
that a sufficient quantity will be made from time to time
to supply all demanda. Persona desiring salt may there
fuicte* asaui-cd that they wiO not be disappointed in
getting wnaot.s loaded at any and all limes.
Tho salt is of the whitest and best quelity.
PUICK AT TIVVC WORKS,
ONE DOLLAR TER BUSHEL!
The works are situated in Lampasas county, aboul 90
miles north west of tlie Sulphur Springs, aud flvo miles
above McAttnelly'a Bend.
|y Fiour and Com meal taken In exchange for aalt.
Aust in. March U,u896m W. B. BURDETT, Agent.
%t\V|
TERMS CASH,
PÜNCTÜAIITY BEFOBE ALL Tll^
INTELLIGENCHj,
PBDfTINR IQfn
FIRST DOOR BELOW ^
FIRST DOOR BELOW
DUFF AO'S DRUG STORE
AUSTIN, - tl?SxA| I
liitviuu IIUW ill full nnd cnmplnte uiwrnti™ ,L
book ano job departments
of lilla Mtnliliilimmt, we Inke tin. mo(le 0( I
utti-Htlon of uui- patron, mi,i lrieiid., i,m| ih. .'tín&i 1
"rally, to our faeflitioa fur c «utlug the bnt if i!'!* I
Tilla otHoe la now tlie beat prliitin* h,,u.Tl„ ,t?S I
ri-ytinlB ¡ta luoillUea fur I
aud equal to any as
OF EVERY VARIETY AND IN ANY COLOR. I
Neatness, Cheapness and Dispatch.
All kinds of work, either in Plain,
I'lain Black, Coloteil ink.. Gold Leaf and Bron™ l
evtry manner known to tin- profraalon, at home or ¿¡ü I
Our assortu.ent of Larg<< Type for I
SHOW BILLS
a not exc.llRd in tlia Suite. lu addition to our.,,
large type, we have n .plondid Maortniont of moSL
and Faut-y Job Lutteri, auitablo for lino work unT
s00iis wm m£i5
Printed with beautll'ully-Ctit Tyjie. '
OflNAMEN-TAU PUIH
And Fancy Printing SPECIMENS alwayi on hud
INVITATION AND BUSINESS I
o An d's, 1
BALL TICKETS AND CIRCULARS,
Printed in a atyle to pleaao tho moat fnalidioui
SCHOOL AND COLLEGE
diplomas printed equal to coper-pimt i
Mason's, Odd Fellows' and 8auakití«,i |
CONSTITUTIONS
PRINTKD IN ELEGANT STYLE.
Prompt ami particular attention given to all kiailiif
JO HISTISI,
such as
CIRCULARS, AUCTION BILLS, CARDS,
.BILL - 1IEAUS, BLANK DEEDá,
Ji;STICKS' BLANKS. &o.
BLANK RECEIPTS,
NOTICES,
CATALOGUES,
FUNERAL NOTICE1?,
LABELS. PROGRAMME.
PERIODICALS. MAGAZINES.
TICKETS,MARRIAGE LICENCES, &c„ U
COUNTRY STORE BILLS,
Of every description, illuminated with suitable dstlrui I
such as Railroad Cars, Steamboats, &c. f
New add i i if >«8 will he constantly inakini,' of NewTjw
and to advance tho reputatlou of this establisbOMt,'
neither pains nor expenso will be spared in securing au
the new styles of type as fast as they appear. Ws 1
•' Work to Please or no Pay."
BOOK-BINDING.
Blank Hooka, with printed hrnili—togeilii-r with mrr
variety of Fancy and Plain Work—«lona with diipitck
«. W .SU1II.KTT ; JAMIi.sr.XilL
8UBLETT & NEAL,
ATTORNEYS AISD COUNSELORS AT LAW\
AUSTIN, TEXAS.
WILL practice in the District and Pupreme Cevtief
the Htate, and also in the Federal Courts, nnd will
.live special attention to business before the Texas Court
>f f'lnims.
Xi. fe . «CIÍELL,
LATK of ihp firm of H ki Hi II, Vlaacher, üwcn & fiehell.
Unitfd .Stal.-B and Fureiun iiewatwiiicr Advertida!
Affint, Mollara liitiltlfntr, 335 Broadway, w York.
Aceotmta ci ¡N'i ti d for puhliMirra in alt parti of tli*
country ; cnergollo action taken upon them, and prompt
rcturtia made. I i.nvr un cxprrii-iiceü and fnitliful t.'ol
lector, whoae whole timo la devoted to tliia buaiiim—
Coimnlaaiori. 5 lo 10 prr cent. A cominiaaioii ofSSper
:ent. ia charged nil pul'liphtira of lirwapapers for pructir-
ny advertiaefiienta for tliein, and collecting pay forth
iiTfilvr
LOST.
THE DISCHARGE of Anthony Foater, iri
served in the Tejns Army tif lHUti, nnd wuio
the battle nf Sail Jneintn. If not found, appli-
eatian will be made fur the proper relief.
ANTHONY FOSTER.
Anatln. April 1, T>7¡ nlW tiOd
SAMUEL H. RENNICK.
atrorney and counsellor at law,
HAMILTON, I1URNKTT CO.. TEXAS.
PRACTICES in tho 17th Judicial District, and
lit tends promptly to btiRincia entruated to hi
eni-e. Auatin, April 8, IST)7: nlW-ly
-)D CORDOVA'
LAND AND COLLECTING AGENCY,
CITY OF AUSTIN, TEXAS.
TAXES on Land, raid. *
Title* recorded and perfected,
Debta collected In Weatern Texaa,
( latina afaltiat the late Repuliiic proaeeuted,
For I.and or Money before the (.'omtniaalotior of-('lalma
Land* aold for Tuea redr<-m«l,
lnv«atl|ralloiia made In the Land OBlca,
And all the Public Office* in Auatln.
ROTARY public FOR THAvld COURTT.
rt. UWltnl «ala* Cnrt V cia'au.
Doeda fur ■ early every
Oeamleafaaer
flOMMlWIORkRof II
V" t<:at* In Ike Union,
Hwenaon'a Ruikilnt,
City of Auatln, Texaa.
Tesan Military ■■••Italo.
C. O. fORflHAT,.... PaiactMii
_ MOTMUivtLLK, TtXA*
KH.NMT HAVKK,
BOOK BINDER. CIINüRESS AVENUE, AUSTIN.
(Orer iht S ore of L. D. Currington.)
rpiIANKFt'L for past favors he would respectfully an*
■ nounee to the citizens of this citv and .Mtntp, that he
is now receiving additions to his bindery, which will en-
able him to do work in a manner unsuniassed for beauty,
cleuance and durability, by any bindery in the Ntatc.
Intending in future to aivo his entire attention to his busi-
ness, he flutters himself to do work as cheap ns it can be
done in the Ftate.
Austin. Aontfinhyr 8, 1856. l:3:ly
AUCTION, COMMISSION, ASO
GENERAL AGENCY OFFICE.
We have rmemtl an office on Congress Avenue on the
first floor of the llall House, for the transaction of a (ten*
eral Auenrv nnd Commission business, nnd by prompt nt-
tentiou to the Interests of our employers nnd consigners
hope to merit n shnre of patronage.
We are prepnred to make liberal cash ndvnnces on con-
signments. have ample storage room, nod our location Is
both eentral nnd pubMc.
We will give specinl nttention to the purchnte, sate or
exrhnnge of cily property. To parties wishing to make
investments In Inndstn the central, northern or western
pnrtofthe stnte wn enn ©Her espeeinl mivnntagea, ae
quiredduringa t ' o!4enceofuiorethan twenty yeatn with
ample opportunities for obtaining an intimate personal
knowledge of a large portion of the couutry as w «B as a
wide acquaintance with its citisena.
Persons who hare desirable lands in tbe wheat grow-
ing regions to dispose of will And It to their interests to
furuish us Willi descriptions of the same with price,
terms, A c.
Wesrn established here on a permanent basis, and
those who entrust their business to our banda have the
assurance that tt shall be faithfully attended ta
jbt refer to Messrs. flweneon 4k «wisher, Thos.
Freeman * Co. A. O. COMPTOH * CO.
ioMln, Msrah l«n. «oMitlr
HAMILTON MQ&&8,
HAMILTON, BURNETT COUNTY, - - - - TEXAJ.
H. II. CALVERT
STII.L Upepa this only Houae nf Entirtoln-
moiit nt Hurnrtt Court Hntuo. His table '•
wh) b anppliwl with tlie best which the oountrf
nHnrda • his runiu* nre nent nnd orderly, nndbu
stable line unrivalled nttention.
Auatin. April 'j, 1857, nlW—it
CHEAP LUMBEK.
(2 a<) PKR HUNDRED. , . r
WE will aell fur eaah 70,«Ml feet of excellent pln«
her, at the above prlco nt the mill. We.t®.n it.
a lai ne lot of temoncd lumber, end can lili hill# o"tB*
'irteal nntlco. D. C. &G R FllttRA"
Mar-hM-h. 1ÍS7—nnSlntf
IfAOOfí CA HMAUEAND BLACKSMITH
W O R B.I
IN ALL ITS BRANCHES,
Plow Making and Horse. Shoeing at the old
STAND OF a. KIRCHBERO. .
T M. BENNETT would reaped fully Inlorrai • •
•" • renaol Auatln and vicltiiiy, that lie haa taltea
above atnnd and ia prepared to do all work In ni
with neatness nnd on ihe most ronsonnble terms, i
It understood, thnt nil work done by mo Is wnrrnnt
Austin* Mnreb 9.Vh. !P."i7—nrHlrrfy --
congress avenue.
Itnthing A ppnrntus,
Jobbing done.
I'l'l'lllfl nunc.
fir Chnrges moderate. Terms cssh.
March 1 . 1857. JaxTilJ*
1 «3. *S. ON RECEIVING one dollar, I *¡!¡""|
npl arcceint for making transparent
ei'vlng three clollnrs, I will send a most valuable rec«r
fo making extra family soap, to cost only three1c.: .,sA
po ind; itis not known to ten persons In tn«
■cues. On receiving flve dollars, I will send the
o j I six other receipts for making fancy sosps. i
be made In an ordinary dinner-pot, and on as «y
capital as flve dollars, and sold readily at a Pro®' j. B
hundred per cent. To any one out of busfns*' 1 j-
fortune. Any questions answered or roforencc giv a «7
unclosing the return postage. n
Address T. K. ROtSKIA, B«W 3*1, r. U.,
Austin. Feb n97 BrookWn. W. il
m. 1 . Isker,
r>IITfllCIANtAND 8UROLON, Office in Sfsnson sn—
I Building, Tfo. 17 ut> stairs Aug. 97
PETER A. MEYER,
SiDDLE AND HARNESS
ONE DOOR ABOVE MILLER'S IIVESV ilABLEi
CONOHKSH AVRNl'B. ,j
Carrlafe Trim ml tur, Saddle and HaniMajmaMnt^
"sasscssifc'iB'wsr*
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The Southern Intelligencer. (Austin, Tex.), Vol. 1, No. 39, Ed. 1 Wednesday, May 20, 1857, newspaper, May 20, 1857; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179909/m1/4/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.