The Southern Intelligencer. (Austin, Tex.), Vol. 2, No. 6, Ed. 1 Wednesday, September 30, 1857 Page: 2 of 4
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Waco-
Fort Smith, Art.
Lavucu.
LftGrangc.
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mti'Sh
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Comity.
, Limestone Co.
k, Hoborlfon Co.
Now Orleans
Travelling
Fort Smith
Bonliam. Fannin Co.
Co.
Co.
celock, HoUnwu
Limestone county
(, E.sy., ia duly authorised
pilous, itiiil lo collect tku out
m of the Intklmokntkh. Mr,
bv found at the Drug Storó of
retid ve
ona ttUu ttdvt' rtming
H. H. HAYNIE,
atotbeufltecof Chief Cterk
ra
of tbo lose of (be stenm-
4th page of to-duj'n
of Auatto and
thu defence o( the
set at the Fcde
building, at 10
In regard to
' of *• «'y
•r<*Ntcil in iliu
I Committer.
*■«1
thla
—
Church
month
lirwtf.1
The
unity
1 Nearly
many coir
Pro-
of
MK
WúsMH
Frefcrenre .—The Seimlunhlp.
The Columbia Democrat, of course, exprei
iU prefercnw tor n«v. l'nH, aa «uccessor
<J «. Humton.
Tbe Houstoo Telegraph 1* the lame way of
thinking.
The 8 n Antonio Ledger and Texan advocate
Ihu clalma of Judge Faachal of that city.
The Civilian evidently prefer It* old favorite
M. M. Potter, Ewj. A correspondent ol the Jef-
ferson Herald advocateahia claim , and the fame
correspondent la for Col. Matt Ward as sueocs-
sor to Geo. Rusk. Like tbe Jefferson circular,
Wurd having been beaten lor Congreiw where
there km a majority of 4,000 Democrats, U
iu • leading merit.
Tbe Wiwbhigtou papera urge their county
man, Ex-Presldeot Anaoii Jone*.
The Democracy of Harrison county have re-
commended Col. L. T. Wigfall aa «accessor to
Gen. Hunk.
The friend* of G^O. A. J. Hamilton are urgiug
bin claim*; and be will prolmbly «tart with more
positive strength than any Western man. •
Gen. J. P. Henderson and Gen. Geo. W.
Sinythe are also candidates to fill Itusk'a vacan-
oy. They are both strong men among tbe
people.
Chief Justice Hemphill has also been Civoro-
bly spoken of aa Houston's successor, and his
iiuiue cause* great nervousuc** among tbe frlcudi-
ol other candidates.
We bnve heard of other* who are now and at
nil lime* on hand for a trip to Wuabiugton. No
one who has yet been tickled ha* openly and
manfully withdrawn except Col. Jauies C. Wii
son. So that we inter, that all who have been
nam d, Including D. Hush Wallace and liun
McCulloch, would be nothing loth to take the
senatorial role: , provided tho coast was clear—
and If they could beat all tbe other candidates
no much the more honor.
Well, who can blame? Tho ofllceper te aflbrdi-
enongb mileage aud per dvm to gratily any
man ot temperate aud economical habits. It is
the bnsi* or credit lor considerable borrowing
und spi dilution ; it hoi the franking privilege,
which I* very useful to an industrious and atten-
tive man; It I* tbe entre to good society—din-
ner* with the Preildent, wine with foreign mi-
nisters, tree ticket* to ball* and soiree*, smiles
by tho fair, obsequious attention* by reporters,
office hunter* and letter writers, aud a positive
Influence In the bestowal of patronage, which, 11
wisely exercised, aids one to retnlu hi* seat. I3ut
these are only the minor advantage, and such
as afford little stimulus to most aspirants. They
look to the moro ennobling (acts, that they are
one of the representative* ol a sovereign State
upou the Door of the Senate of tbe United Slates,
and they are thus seen in the diplomatic inter-
course of tho whole world. They will bo the
successor* of men who have mnde considerable
iiuiue lu the world—one ol whom has committed
melancholly political, aud the other a still
inore mouurful natural suicide. They will be
confined by no bour rule—but may Indulge Iu
long und eloquent speeches, if they can get them
oil; which speeches inny be circulated among ad
miring constituents. In n word, there I*
chuuee for Gen. Huustou'* chimera "a nation. .
litrcTATION j"' and the ofllce itself confers
proud and dlgnilkd position.
Far be it from us to dampen the ardor of uny
man'* ambition. We have felt It all when we
were younger, and perhaps It I* uot quite extinct
in ns yet. But wo would most cautiously luti-
mato, that tho Uulted Slate* Senate I* uot the
ouly toad for ambition, or tho ouly theatre lor
patriotism; and whilo tho office Itself confers
honor upon tho Incumbent, It 1* not every grade
ol talent which can confer honor upon the office.
It I* not in the Uulted State* Senate, that the
law* for governing the people of Texas art
made. The law* and institutions wblcb protect
life, liberty and property—the improvements
which confer a higher civilisation— the social
and benevolent advantage* which give tbe high
est degree of happiness to the greatest numbers
all lo be orea ted, cultivated and preserved
at home. The State Legislature la tbe theatre
for the wise law-giver and the statesman of en-
larged Tlcw*. It I* upon our State policy that
we must depend for an enlarged system of inter-
nal improvement*), which «III render valuable
our rich valley* and prairies; tho «amo policy
I* responsible for the eduoatlon of our youth at
home; for laws more equal and jtiHt, and lor pro"
tectlou more certain and secure to the widow
and orphan, who aro now left at the mercy of
sordid speculating administrators, aud careless
corrupt probate courts, In favor of whoso acts
must rulnoa* presumption* are indulged. It
the adminiatratlon ol our local law*, that
ow themselves capable ot governing
well; and it is in tho distribution of
age, that tbey may show themselves
the task of discriminating between
rate demagogue* and men of real merit,
lu thu expounding of State laws, that the
splay learning upon every sulject
lis ability to bold tbe scale* of jus-
despite predilections or poputur pro-
n a word, It 1* at home, that a Held
jbest usefulness Is open to all. And
who «re Incapable of filling theso station*
would evidently bo very obscure star* in
the American Senate. Nor to on ambitious mind
there bo any position more humiliating
to bo there, without being able to leave a
behind whioh would impress itself
tb~ history of the country.
our distinguished men have not wou their
Igc In the Senate. Neither Washington,
Madison nor Munroe wore ever In the
were tho first two over in the House,
Polk, Taylor nor Fillmore were ever In
It would have been better for
he never been in the House. Gen.
was only ouco there—and he I omul It
Supreme Bench
Geo. M. Troup woo a world wide
In Georgia, aud added
Tbe Galveston New and the Right of
Suffrape.
The more we contemplóte tbe eour*e of tins
erratic journal, which perhttp* ha* a wider cir-
culation than any other In Texas, the mere are
w# convinced of it* dangerous hsresie* and It*
constant tendency towards the worst doctrines
ol Know Nofhiiigism. In its issue of tho 12th
lust, we find the following extract*, the last of
which the News seeuis fully to endorse:
A Foi.itioal difficiji.tv. — The Pa*ton
Post in s'liue strictures upon the Black Hepub-
2notes the
ID _ 'oort
Ucnn criticisms, quotes the following language
tur sjisjfi vmv - .
"We must not confound the rifñt of cituenihip
which a Slate may confer u-ithin ill own limite,
and the righti of citizenship as a member of the
Union." ,
And the Post adds:
"A State can confer such right* a* it pleases,
within it* local limit*, on negroe* or on aliens
as to voting; but South Carolina cannot *ay who
■hall bo voter* lu Massachusetts: nor can tbe
United State*, nor the Supreme Court say wfc?
shsli not be voter* iu these States!"
The general land office decided ngslnst the
pre-emption claim of a colored man to U0O acre*
of Und in Wisconsin, taking the ground of tbe
Supreme Court in the Bred Scott case—that
"A free negro of American race w hose ances-
tor* were brought to thi* country and sold
slave* is not a citizen within the tnenning oft
constitution of the Uuited State*."—Tin* deei
■ion of the land ofllce applies to all the other *i
milar eases now pending.
After quoting Ae above paragraph* the New
Orleans liiillctin «how* in a very forcible man
tier, the glaring inconaiateney that appear* to
follow from the distinction made by the Supreme
Court, between the citizenship conferred by a
State and that conferred by the Federal Govern-
ment. The difficulty In which it involve* us
seem* to be of a very serious character, and any
attempt to explain it, will probably puzzle our
ablest constitutional lawyer*. The Bulletin
say* i
The difficulty la tbia: If a Stato can confer
citizenship and the right of voting upon any class
of pernoii* it chooses, but who at the aame time
lire not citizen* of the Uuited States, according
to the decision of the Supreme Court, how can
such State citizens, hut not United State* citi-
zens, vote for officers of the Uuited States, such
us President and Vice-President? How can
they vote for members of Congress 7 The Con
stitutiou of tho Uuited States, article 2d. pro
vides that "the electors ill each State shall have
the qualifications requisite for electors of the
most numerous branch of the State Legislature."
But according to tbe Supreme Court, a State
may confer the right* of citizenship. Including
the right of voting, upon minora, upon negroes
upon alien* the very day they arrive iu the
United State*, aud upou any clans absolutely,
and without limit or restriction; und according
to the clause from the Constitution we have
quoted, lucli persons would huve the right to
vote for members of Congrou, for President aud
Vice-President. Such voters might by State
legislative action, iu process of time become nu
tnerous enough to determine the result of Con
gresslonnl elections iu various States, aud might
even determine the result of a Presidential elec-
tion. Tho extraordinary spectacle would there-
foro be presented of the election of a Congress.
President and Vloe-Presideut of the Uuited
States, by the determining votes of persons uot
citizens of the country, the choice of whose
rulers they would thus huve decided. Ia this
not a possible contingency1 "'Nay, la it not a
very probablo one! Consider how close the
vote lor members ot Conuress and President
may be in some States, while the result may de-
fiend upon such State. Thi* effect has evident-
y never been contemplated. Iu our judgment,
it la one capable of producing, 111 au emergency,
wide spread mid the most intense excitement
throughout the country. And such emergency
we deem by no means impossible or improbable.
Suppose New York, for example, or Ohio, should
confer the right of voting upon free negroes, and
their vote should determine in whose favor tho
vote of the State should be cast for President
und Vioe-Pro ldent in the electoral college, it
follows necessarily and irresistubly that we
would be under government officers thrust upon
u* by freo negroes, whom neither the Constitu-
tion. nor the Supreme Court, nor we recognize
a* citizens or voters at all. The snuie tiling ino
dified, would hold true in regard to aliens Ca-
lifornia, and other States iu prospect, on tbe
Pacific, might confer tho right ot voting upon
millions of ( 'hiñese, and they might thus control
a presidential election. It is quite evident to
our minds that the Constitution never contem-
plated such a re. uit as this, nor did its trainers.
bo the
i but wo I
...
¡«ti
Now, whatever may bo the "difficulties,"
these learned editora aro widely mistaken in
supposing, that the subject has never been con-
templated in its every phase. In the debatea
of the Federal Convention the whole queation
waa fully discussed, and the conaequeucea well
understood. The debates of the Convention,
m well aa tho StatfuConstituticns of that date,
show that the quailfToations for votera were aa
diaaioiilar then aa now; and becauae of this very
diaalmilarity. and the policy which might con-
trol different States, the power of declaring the
qualifications of votera waa left whore the Con-
vention found it—with the Statea. After seven-
ty years experience there is the saine want of
harmony among the Statea aa to the qualifica-
tion of votera, oa there waa In 178!). There ia
uniformity in but two things: age aud sex.
Free negroes and unnaturalized European* have
been allowed to vote In aome of the Statea ever
since the foundation of tho government under
the designation, "Inhabitant of the State" or
••citizen of the Stateand yet none of the mi*
chiefs have resulted, which Know Nothingisüi
ho* of late diacovered.
Tho New* republishes {he unprepared and
hnsty speech of Mr. Calhoun upon the admission
of Michigan. That great man altnply run into
the blunder that eltlxenahlp conferred the right
of auffragei nnd without citixeuahip of the
Uulted States it could not exlat; aud aa a State
could uot confer this «tonm, therefore a Stato
could not mnko a voter out of an unnaturalized
foreigner. Never was argument more untrue
in theory and in praotice. Citizenship does not,
of Itself, coufcr the right of suffrages if *o, in-
fant*, women, lunatic* and convict* could alwaya
vote, for they are citlxena—aud women aa well
aa men may be naturalized.
Aa to the alann about the Preddential elec-
tion, and tho ulection of member* of Congre**,
it I* a plausible puzzle, which ia aolved aa aoon
a* the «tructuro of. our government la consi-
dered. jjt
The State* determine fbr themselves how they
will elect their Presidential elector*. And In
the favorite Stato of the Newa (S. C.) the eleo-
tors aro choscn by the Legislature, aa Texaa
night oho«*« theiu through her Suprome Court
saw proper. The only interest which tbe
other Statea have, U, aa to the number which
ia shall choose; and this Is regulad
by the number of voters, but by the
inhabitants, excluding: none bat two-
8 that whether the half
of the North, or the 50,000
or the million unnat
or the 12.000,000 women and
vol*, or not, they are r«pre*e
tho votera, and we do not aee how re
if they all voted
e ia about equally felt. Aa
Senators they are chosen
Hector* who choose the
whether the President
tho Homo or
«hull voto, w here would thi* theory lead us f
Wo might soon have not only all the ' free ne-
groe*" and "uliens" voting, but also all the
slaves, while their musters might be excluded.
The South, at most, would thus secure two fifth*
greater vote for a part of her population, with-
out any increased representation, and with a
very dangerous element, a well a* a more de-
grading equality than many of the Northern
•States uow have. The surrender would be to
give up every vestige of State sovereignty. In
the crusade ngninst "foreigners," "Catholics,"
' aliens," and ' paupers." tbe exclusive "untivo
American party" ha* overlooked the increased
black suffrage at the North. When the Kuow
Nothing Legislature of Massachusetts voted to
exclude the naturalized aa well as unnaturalized
foreignera, tbey did not extend the disfranohiao-
ment to the native born negro ¡ nor did Connec-
ticut do ao when excluding the illiterate from
the polla. That acbool of politician* built up a
party in the South, •" !>« of whom did not see
where they were drifting.
It would bo matter of surprise to us, to see
the extreme 'fire eating" pre* of the South
ruuning into tho same raiik federal centralism
did we not know, that their theory requires
them to exclude all notions of popular sovereign
ty iu both States aud Territories. Tho doctrines
of the Urod Scott case, legitimately flow from
tho notion of power in the people to regulate
their own institutions, laws, rights of suffrage,
and freedom of choloe. TUs conservative doo-
trine 1* a* unpalatable to'the extremists who
would legislate slavery ints the Territories, as
to those fanatics who woull exclude it through
tho agency of the federal fivernmont. Iu their
desperate dilemna they wduld have to transfer
tho whole question of «uffnge to Congre**.
Our ¡Strength is tione.
Tho mmicricul strength is gone forever. But
we should learn what our fight* nro aud be pre.
them. 'Let our
pared to stand by
rtn i
press also
The
It to
tbe State*,
stand boldly forth und do its duty. The South
Is in dangciJnnd let us not cnuccul the truth.—
Auilin Intelligencer.
And how bus the South been shorn of her
strength? what but the ci'Wtion ol freesoil ter
rltories has placed the South in a minority':
what but the incorporation of Nebraska und
Kausa* lias completed the work? what but the
breaking down of the Indian bearier against the
further growth of the North hag rendered the
South powerless 1 The rcatbn is plain,—would
that the remedy were likewise plain. So long
as Southern men will allow the Interest* of par.
ty to control their actions, the majority against
tue South will continue to ¿row. When they
hold out firmly for Seuthera lights, claiming
fruite along with principles, we may expeet a
better state of things.—Naco¡doches Chronicle.
The nbove comment of the Chronicle i* ex-
ceedingly uncandid or else written without any
reflection. Only six new States have been nd.
milted into the Union during tho last twenty
one year* -Arkansas, Florida, Texas, Slave
States; Michigan, Iowa, Wisconsin and Call
fbrnia, Free States. Doe* lite Chronicle com-
plain of the organization of these territoriesf—
According to tiie natural lavs of population
California should have been a slave State; but
the discovery of gold prccipitttcd a population
there who were governed by ni natural cause*
and therefore Southern as well as Northern ad-
venturers joined in excluding slavery. Had
California come in as a Slave State, nominally
the Blave holding States would have had the
preponderance iu the Senate, whereas that pre-
ponderance has been lost upon Southern Ter-
ritory. As to the House, take away Michigan,
Iowa, Wisconsin, and,i California, and the non-
slaveholding States have a controlling minority
in tho llouso. If, then, tbe Chronicle means to
compluiuof tbe organization ol these Territories,
and) the admi**iou of these States, (we presume
the editor never thought of tkcin,) then a refer
ence to theceusus will answer his argument.
No doubt the Chronicle is dill harping upon
the old string of organizing Kansas aud Nebras-
ka, for thu former of wblcb the South stands
«orne chance. But it never occurs to this class of
politician* to complain of the organization of
Oregon, Washington and Minnesota, all of which
are kuooking for admission into tbe Union.
Tho truth is, tbey never look to the laws of
population ; but thiuk it enough to make a kind
of Susan nnd Sal of political parties aud to
throw all the blame upon the latter.
Numerically our strength is gone as certainly
a* that 14,000,000 souls exceed 9,000,000. Nor
could we. huve arrested the westward tide bad
no new Stato been admitted since tbo organiza-
tion of tho government.
We can, however, teach correct principles:
and by adhering to tho great .non-intervention
principle tho south may be protected in their
rights. The Democracy alone maintains the
doctrino of States rights ; aud every blow alined
at that party strengtbeus tbe baud* of our ene-
mies. Democratic States are note for tbe South;
but are any of the oppoiltion States safe ?
Eijjuiuility.—The Civilian fully answers the
argument or the Telegraph as to tho iuelegibili-
ty of the Legislotors elect to the U. S. Senator-
ship*. It Is shown from the federal constitution
aud precedents, that tbe States cannot impose
new qualifications. About tb« elegibilily of
Legislator* we havo no doubt. The only ques-
tion is, as to their ability to get euougli votes.
By tbe way the Civilian hns a picco of irony
which show* no disposition to forward the self-
sacrifioing spirit of Dr. Alison Jones, in declar-
ing a willingness to leave his voluntary retire-
ment aud to succeed bis old friend Gen. Houston
iu tbe Senate. The Civilian intimate* that we
have other patriots willing to emerge from their
retirement aud tuke service in that exalted po-
sition. The worst retirement is to bo in a high
public position and yet never to b« seen or heard
from. We know some aspirant* whoso place ol
retirement would only bo ohanged by a scat In
tbe Senate. But w^dagMt say, nor does tho Ci-
vilian, that Dr. JoueiHTOUld be in tli
i this category.
"Who It to Blame,"
The Galveston Civilian pubiishei the letter o#
our Post Master under this head; and adda the
following, which leaves tbe question as to "who
is to blame," to be settled by some other autho-
rity than these Post Masters. One thing seems
not to be dispnted: the Austin mall* do take
pleasure trip* to New Orleans. But whether
tbe Galveston Poet Master should prevent the
"ponchea" to pass, because of a mistake In tbe
endorsement by the Anatln Post Master, we
think not so clear. Tho mistake ought not to
occur; but Is It beyond tho Correction of a dia-
trlbutlng office?
In justice wo give Mr. Audrew*' card a pkce.
Editori Civilimu:~My attention hits been cal-
led to the above Card of tbe P. M. at Austin,
Wm. Rust, and a sense or duty to myselr requires
that 1 should give the facts in order that the
1 uU;c may Judge ns to ' who ia to blame." By
the New Orleans mail ol May SUth I reoelvcd
ñl'Z*Vu'n","; Wi,h n'lt,Kr
now loe lost Muster, Mr. Mcllalinn, notifying
me that It had been sent to his Office from An*.
Dents I the iwcistant P. M. at New Orleans: tbo
following being an extract from Ills letter; after
speaking of the mail having been red ved there,
he say*: "This tuty'Ct IscertninlT very annoy-
ing and should be remedied: this is tbe sccond
time it 1ms occurred : the Pouchca were duly la-
belled fur New Orleans." This is pleasure Trip
No. 2. The Austin mail of Sept. 3d took the
samo direction and were returned from New Or-
leans. Tills is plea*uro Trip No. 3. I was cal-
led on by parties who had a great interest iu tbe
prompt reception of their mail matter from
Austin and in justification to myself and to those
under iny employ I Informed them of the course
our mails had ticen taking. I however did not
*tate«tlint tbe P.M.at Austin bad put Galveston
mail mattter in tbe New Orleans 1kg for I knew
that no bag wns put up for that office; but I did
state that be had labelled the Pouches for this
office with the New Orleans label nnd that they
had therefore gone to that place before arriving
here, and the letters from the P. M. at New Or-
leans establish clearly that fact. I regret ex-
tremely having to make any publication con
cerning this matter. I have endeavored to dis-
charge my duty satisfactorily to all, and have
Invariably shown every courtesy to those with
whom I was brought In official contact.
Respectfully, II. B. ANDREWS, P. M.
Galveston, Sept. 22d, 1857.
This card iu Monday's tri-weekly, brought
forth the following from Post Master Rust:
Austin City P. O., Sept 28, 1857.
Eiiitoh of the iktelliub.ntkit.—Dear Sir:—I
find in the Soutbcru Iutelligeuccr of this morn-
ing nil article In the Civilian from the Post
Master of Galveston, in reply to a communica-
tion of mine, headed "Who is to blame," and I
am glad to see that be has abandoned thu chnrge
that the P. M. at Austin put the Galveston mail
in the New Orleans bug, admitting we put up no
N. O. bug, and denies having mnde the charge.
I have uow a letter before me. from a house at
Galveston to u friend ot this place, who said he
called on the P. M. lit Galveston to kuow why
his mull went through to New Orlenns, and lie
says lie told him that thu Austin P. M. put the
Galveston mail in tbe N. O. bag. Who is iu
error in thi* matter? I cannot know. He says
he did say that the Galveston bag was labelled
for New Orleans.
I regret that tho reply to iffy article makes it
necessary, in justification to myself as well a* to
the Clerks in my office, to give a plain statement
of facts as they exist, und then let the people
decide '-who is to blutne,"
Admitting the fact that, through mistake, we
did label the Galveston bag for New Orleans, it
was the duty of tbe P. M. at Galveston to stop
it, us he knows the Galveston bug as well as we
do. It has a brass lock, and thu only one that
has such u lock. But this I most unequivocally
deny; nud my Clerks will both join me in un af-
fidavit that thu Gulvcstou bun never bus been
labeled, notwithstanding the New Orleans Post
Master's letter to the contrary. I would like to
know bow he can tell who labels tbe Galvcstou
bng. We cannot be responsible for any thing
that muy happen to the bug after it leaves this
office.
IVM. RUST, P. M.
"The Constitution v*. the American Party.''
Under this head the Seguin Journal seeks to
satisfy its readers, that the Federal Constitution
favors the principles of the American party, in
that it forbids any but native born citizens to be
President or Y ice-President ¡ and requives nine
yenrs "reñdence" bef'oro a naturalized citizen ia
eligible to thu office of United States Senator.
The Journal quotes the following articles or
tho Constitution:
"No person except a natural born citizen, or
u citizen of the United States at the adoption of
this Constitution, shall be eligible to the office
or President."
No person constitutionally ineligible to tho
office of President, .hall be eligible to that of
Vico-President of tbe United States."
"No person shall be a Senator, who shall not
have been nine year* a citizen of the United
States."
"No person shall bo a Representative who
shall not have been seven years a citizen of tbe
United States."
But do tbey bear out tbe assumption, that
nono but a natural born citizen iseliglblo to the
office of President? That there was an excep-
tion In favor of those residing in tbe country
at the date of the Instrument, is apparent from
the language Itself. That It was not Intended
to exclude those born in any one of the old
thirteen States 1* apparent from the fact, that
Washington, both the Adamses, Jefferson, Madi-
son and Munroe were all born under the Euglisb
allegiance. So the revolutionists were excep-
tions to tho rule; and the nllegianco of birth is
not the controlling principle. And it is equally
certain that by the "United States" was not
alone meant the "old thirteen," but all future
States likewise.
Again the acquisition or Louisiana, Florida,
Texas, California, and Now Mexico, were all in
Tact revolutions by which large populations
transferred their native allegiance from foreign
governments to that of the United States. It
was settled in Yuleo's, Clark's mid Judge Por-
ter's cases that thero was no neccsslly of natura-
lization or tho length of residence ns to these
inhabitants. So Ortcro is in Congress without
any naturalization. Aud doe* the Journal doubt
that any one of these transferred inhabitants is
eligible to the Presidency or any other office
within tbe gift ot the government? Many of
the errors of prescriptive parties grow out of
the failure to look at the practical workings of
the government.
Hard to Please.
The Galveston News grumbles, like a "sore-
head bear" because the "President condescend-
ed to write" the knock down letter to the abo-
lition preachers, which we published on Wed-
nesday la*t. Thi* i* beginning like the war upon
Walker. The assault wa* first for speaking or
writing at all —next for the sentiment, that the
people of the Territorio* should vote upon their
Constitution.
If tho "Independent" opposition presses can
get up the impression, that it wa* wrong for the
President to write a letter, which everybody
will read, it will be very easy to mislead aa to
the true state of the Kansa* controversy, which
ia presented in a very different light from whioh
it hna been abown up by the fanatics at both
end of the Union. The truth is, this corre-
spondence contradicta the aasertion* of these
Southern extreme papers, that the abolitionists
approve the course of tho adminiitration in re-
gard to Kaniai. They are juat aa loud and aa
indecent in thoir applications of the terms
• traitor," ••perjurer," Ae., as the Charleston
Mercury. Mr. Kelt, it id omne genmt. These men
in this condemnation have worked shoulder to
shoulder with the abolitionists; and they have
all acted from the same motive*: it does not
suit them to nrotect the law making power and
the people of the Territories, until they lettle
their own institutions.
The Civilian wonders why any Southern mas
should condemn the Prealdent for this letter.
The reason ia apparent. It avow* the principle
of non-intervention, practically administered,
and assumes of courso that the Constitution of
Kansas will be submitted to the approval of the
whole people. It graphically retraces the hl*-
tnry of the oontroveriy in Kansas, and show
that the odium heaped upon the administration
grow* out of the effort to sustain the law* en-
acted by the legitimate Territorial Legislature,
and to auppres* the rebellion of tho free State
against those law*i and it point* to the
example of *uch treason (the Hartford
Convention) with • significance which Mr. Buch-
anan'* correspondent* cannot mitunderatand.
party I
first e
Pope's Expedition.
(CorretpoiuUitce of the Intelligencer.)
Camp on l'ecoa River, near 32 pari, of lat.
September 6tb, 1857.
Dkab Intmxiokxckr.—I hope your Christian
reader* will uot feel scandalized at my dutlng
this letter on Sunday ; if tbey do, you must In-
terfere lu my behulf, lor though my doiug so
may perubauce exhibit a *iigbl diwespect for tbe
Sabbath, it also evinces my friendship for you
inasmuch a* I eclae the very fimt moment ot
leisure for a communication that offered itsclt
since the 28th of last July—a day rendered
famous iu the anual* of San Antonio by the
"triumphal" arrival iu that good old city of tbe
lliuRtriou* Sam, aud the unuotioed departure ol
your insignlficaut correspondent
Here we are, alter our five week*' travel, fixed
at last, having beeu for tbe first three day* en-
gaged iu "fortifying" our camp against the force
of the elements, and making our habitations as
comlortabie a* canvas* and circumstance* will
permit. To-day their variou* duties for the
coming months have been assigned to tho seve-
ral parties and work coinmeuce* in earnest to-
morrow. The artcHlan workmen set out this
morning for the scene of their important labors.
Your readers are perhaps already aware that the
well 1* being bored on the plain some eight or
ten mile* Iroui tbe river, aud iu consequence two
camps are uecessary. One which may be term-
ed Head Quarters, from wtiicb water, rations,
uud in fact ail other supplies are scut to the
other. This keeps several teams constantly em
ployed, besides those necessarily engaged on the
road betwixt here and the fort* from which all
our supplies are procured. You may see at once
thut the sin of idleness will uot be the one to
prcsout the greatest barrier to our salvation.
The readers of the Intelligencer arc generally
well acquainted with the character of the coun-
try through which our route runs; indeed it cau-
uot be wull otherwise iu consequence of the de-
scription* given iu tiie reports of the officers
who passed over it. It would be therefore quite
superfluous on my part to repeat their descrip-
tions. The whole section of country through
which we passed has sutl'cred severely for want
of moisture -the drought has left terrible evi-
dence of its existence. Vegetation scarcely de-
serving of the name, large rivers shrunk to tiuy
rivulets, aud bold stream* thut—nave their dry
ciiaiiuel —"leave no trace behiud," such was tiie
state of thing* until we crossed the lower ford
of the Peco*. Since then refreshing rains and
genial Hhowci'B have fallen, brightening with
verdure the fuce.ol thi* immense valley, giving
rapidly increasing growth to tbe rich grasses
indigenous to it* soil, aud reviving the appea-
rance ot the drooping vegetation ail round.
There are very few days passed lately without
our having been favored with a shower—in luet
so common have they become that we could
easily afford ye a few in the vioiuity of Aiihtin,
If that usually unaccommodating gentleman—
the clerk of the weather—would be only for
once compliant. So fur thcru bus been a greater
scarcity of game of every description tiinu 1
have ever before known in this region. We have
hud many signs of Indians in our course. They
iiover like vultures on our track, and I am sure
that we have been but a short distance on our
road after "striking uny ot our camps, since we
left Las Moras, ere our deserted encampment
was visited by several of them for the suke of
the delves which may be found. But the uppen-
ruiice of our purty is too imposing for them to
attempt a foray. And our camp regulations are
always excellent.
The health of tiie command i* good ; we have
bud a few casus of diarrhea but generally light,
and lor which nothing more than.simple reme-
dies were requisite. We have bad one serious
cusuaiity in the shape ol' the accidental discharge
or a shot gun whieli shuttered tbe wrist and la-
cerated tbe hand ot the person who incautiously
held it near the muzzle while taking it out ol° a
wagon. Ono can never be too cuutiou* with
loaded fire-arms.
It is uow half-past six o'clock P. M.. and as I
write in tho open air, and as tho "shade* of
evening" are thickly "closing over me," aud us
I am at the bottom ol uiy page, I must close
abruptly for tbe present.
VIAJANTE.
Williamson county District Court.
THE HEIRS OF THOMAS KINNEY
AND WIPE, vs. S. M. SWENSON
AND OTHERS.
This was a sait in tho nature of a Bill
in Equity, for the recovery of a half
league of laud on Brushy. Kinney's
claim was based upon a covenant of
Pryor A. Holder to give Kinney half
his league to "clear out his title iu Rob-
ertson' colony," upon shares.
Tho contract bore date in December
1835. The judge held that it was void
within tho principle of Robbins and Rob-
bins, 3rd Tex There was however
proof of an acquiescence by Holder
and that Kinney lived upon the land for
several years, and was residing there
when ho was killed by the Indiaus in
1844.
Swenson had purchased from John
Adriance, who, it was proved by parol,
had purchased 1800 acres of Kinney's
claim, before his death. S. had also
purchased tho wholo half league at
Sheriffs sale several years after Kin-
ney's death, and he had obtained a deed
form Holder's heirs. There was a great
deal of evidence showing a very loose
way of doing business in tho country
at the time.
After the day was exhausted and the
opening speech of A. 8. Walker was
heard, some arrangement was made and
a verdict rendered for the defendants.
Walker & Claiborne for Pl'ffs. Geo.
W. Paschal & A. H. Ckalmers for
Defts.
JOHN W. KING,)
vs >■
LYDDY KING. J
This was a suit for a divorce, upon
grounds of alleged excesses and cruelty
and abandonment by the wife, less than
three years ago. The excesses proved,
chiefly consisted in charging the plff.
with incontinence, excluding the hus-
band's relatives nnd her daughter, who
married against her consent, from his
house, ret using to make clothing or to
patch for the family, cutting up gener-
ally, and finally going off to Arkausas^
with a son by a former marriage, leav-
ing the husband to take caro of a brood
of young responsibilities. The jury
found tho facts in the Petition to be true
and tho Court divorced the unharmoni-
ous couple front the bonds of matrimo-
ny-
Thos Hughes for Plff. A. H. Chal-
mers for Deft.
tQr J udge Taney has held his office
21 years. His predecessor, Judge Mar-
shall, occupied the bench 31 years.
19" Heavy frosts occurred in New
York on the night of the 6th and 7th
inst.
Ifir The N. O. Picayune of the 21st,
says the health of tho city is perfectly
good. .
Mr $i ,100 havo been collected in
New York for the suffering survivors of
the wrecked * township Central Amer-
ica.
t&" A difficulty has occurred be-
tween France and Austria, in regard to
some reforms in the Papal States. An
open mptuce is predicted
For the InleUiftnct,
Constitutional Conveotioa.
No 6.
It was iutended, Mr. Editor
these articles were coaimcnced, to j,
pointed out, seriatim, the different cl."'
es of tho Constitntion, that neejS
change or modification, and to have H'
cussed some of the more important
some length. The pressure of other i
tics, has however compelled the
donment of this object, and with tv
number, the articles upon this sub !! I
will bo concluded, for tho present t
least. "
I will content myself with simnl I
directing the public attention to tho¿
clauses, which it would be well for ¡u
pooplo to take under consideration.
Sec. 0, Art. 7th, which provides that 1
popular elections shall bo conducted
by ballot, it is thought by many should I
bo changed, so that all elections should I
bo viva voce, as they are in the good dd
Commonwealth of Virginia. Thero i
something bold, open and manly about
the viva voce system, that Bhould recoil
mend it to the voters of Texas. It ¡|
far more consonant with the true princi-
ples of republican government. Itigl
more certain and direct mode of ex-
pressing the popular will. It is less lia-
ble to fraud, chicane, and corruption.
It increases the individual responsibili-
ty of each freeman, and impresses him
moro forcibly with the value and digni.
ty of tho elective franchise. It condu-
ces more to boldness of thought and of
Independence in action, and gives great-
er certainty and significance to the
vox pupuli than the closed and secret
ballot, stealthily placed in the box.
Sec. 22nd, of the same article, which
treats of the Homestead Exemption,
might be altered in several important
particulars for the better. Tho adjudi-
cations of our courts upon this section,
and tho experience of every day life
demonstrate the required chnges.
Sec. 30th and 32nd of tho same arti-
cle, which treat of tho constitutional in-
hibition on banking, have recently en-
grossed a considerable share of public
attention, and havo elic:ted considerable
discussion in the Stato. It has become
necessary that, the popular will on this
all-important subject should bo ascer-
tained.
Sec. 31st of the same article, with
regard to the creation of private corpo-
rations, should be changed. It is at
present, cumbersome, unwioldly, useless
and expensive. About one sixth of the
time of each Legislature is consumed in
calling the yeas and nays on the Incor-
poration of Peínalo Seminaries, Lodges,
Companies, Private Associations and
other Corporations for local and individ-
ual purposes.
Art. 8th, of the Constitntion, on the
subject of the Emancipation and treat-
ment of Slaves, should also be taken
under consideration. All the mass of
said Legislation now incorporated in
the heart of the present Constitution
might be reduced to one or two short
sections without detriineut to tho public
weal.
There is also scattered, throughont
the organic Law, a great deal of what
Judge Hurlbut has termed, sentimental
legislation that could well be omitted
without impairing its grace, beauty or
usefulness.
It is to bo hoped, that the press of
tho state will call attention to this im-
portant subject. Apathy upon it seems
almost inexcusable in any ono. All that
is needed to thoroughly arouso and ar-
rest the public mind, is a freo and open
discussion of the subject. If theso
numbers shall cause others, moro able
than himself to examino the subject
and urge upon tho people the necessity
of Constitutional Reform, the writer will
be amply repaid.
In couclusion, Mr. Editor, permit me
to thank you for tho courtious manner in
which you have extended to mo the use
of your columns.
TRAVIS.
Southern Pacific R. R.—We are pleas-
ed to announce that a locomotive is now
running on tho Southern Pacific Rail-
road. We learn that on Saturday Mr.
Grant had steam raised on tho locomo-
tive Louisiana, and, with its tender,
commenced running over that portion of
the track which had been finished, amid
the cheers of the people and tho defiant
snort of the steam whistle. The ironing
of tho road will proceed with all possi-
ble despatch, aud the Messrs. Grant are
confident that tho road will be comple-
ted from Swanson's landing to Marshall
by tho 1st of January next. Tho force
now employed on the road is more than
sufficient to finish the work in tho time
specified.— Shreveport South Western.
Fast Women.—The ladies are becom-
ing dangerously perfect. We really
don't know why they shouldn't " riBC in
rebellion" some day, take away tho reius
of government from us poor masculines.
There are now two ladies stopping at
Barreti, on Capo Island, N. J., who aro
equal to the best of us bowling and
shooting. One of thorn made twelve
ten strikes in succession, and two hun-
dred and eighty-seven points in her next
game, lately. The other one, in the
meanwhile, was shooting a pistol match
with two gentleman from this city. She
bit the button six times in eight shots,
at ten paces, and tho other two shots
came within seven-eights of Bn inch.—
Sho then fired twenty-six shots at a
swinging block, two and a half inebe
iu diameter, and struck it fourteen times.
There would be no necessity for any gen-
tleman's going into the field to settle
this last lady's quarrels.—New York Mer-
cury.
Havana Tobacco Trade.—The total
exports of tobaooo from tho port of Ha-
vana the present year, up to the 31st
ult., were only 1,216,348 pounds,against
6,029,600 samo time last year. Tho
falling off in tho exports to tho United
States was greatest—from 1,164,816
to 659,870 pounds. The t >tal exports
of cigars have been only 94,518 against
147,146 last year : to tho United States
26,423 against 61,896. The exports of
the week ending the 5th inst. were 88,«
000 pounds and 2,288,000 cigars—near*
ly all to the United States.
•iL
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The Southern Intelligencer. (Austin, Tex.), Vol. 2, No. 6, Ed. 1 Wednesday, September 30, 1857, newspaper, September 30, 1857; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179917/m1/2/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.