The Southern Intelligencer. (Austin, Tex.), Vol. 2, No. 13, Ed. 1 Wednesday, November 18, 1857 Page: 2 of 4
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<) «bill to cliaiii
flr t timo,
(toa ou Frivi
in relation to the
General J tí
reported iw fa
I election; report ¡id opU il.
) a minority report in the
of the contented election of It Hoi-
cotnty.
a minority report on the
ohuson, from committee on Eiigroas-
Rills, reported correctly uncrossed,
act to change the time of holding
the county coarta of Upshcr county,
netting mi coiuntissioiior's conrt.
Aycock, chairman of committee on
iblic Lands, recommended the piis-
of a bill substitute to a bill to re-
al) act for the relief of the citiuenn
of o( Mercer's colony ; also, recommended
this SUte; tho passage, w thout amendment, of a
bill for the relief of settlers in Missis-
sippi and Pacific railroad reserve.
Reportt of Select Committees.
Buckley, clutirman of committee on
lijo petition of citiseus of San Saba
county, rocommcndod a joint resolution
authorizing the Governor to call out a
company of volunteers.
WmH
IémMHAMI
MMUÉM
ou edu-
nflHnMÉjwHiB
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|^«|BtípHMMKaNW!K
AUSTIN W EDNESDAY, NOY. 18, '57.
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*W?k m1"/ ■> ÍMÉÍÉ>ÉIÍaiJ
¿té tfwkwfWWBWl
On motion of Mr Buckley, joint reso-
lution was taken up; read first time;
rule suspended; read second and third
■ and pasted
On motion of Mr Wasldor, rule «us-
ed, an act torovivo and continue in
orce an act to incorporate tiie San An-
tonio and Mexican Gull' railroad com-
pany, and 'other amendatory acts con-
said company, taken up; read
; rule nnspended; read second
third timee and Dusatd.
The committee on Enrolled Bills re-
ported correctly enrolled, a bill to le-
galize transcripts of records of field
notes in Fayette county.
Special Order of the Day.
The report of the committee on Privi
leges ana Election, relative to the con-
tested seat from Austin county, by Hol-
land and Evsns.
On motion of Mr Buckley, the minority
port of said cofihiittcc was also taken
Bpi!M 3
Buckley moved to recommit all the
reports to tho committee.
On motion of Mr llowerton, motion
to recommit laid on the table.
A message was received from the
announcing the pssago of the
lis, originating in tho Sen-
ior the relief of J Barton
a joint resolution relative to refnnding
to the State, by the United States, tlie
money heretofore paid out for the dc-
fonco of her frontier since February
28th, 1855; and a bill to change the
timo of holding the county courts of
iTffcher county, setting as commis-
sioner's court.
Wasldor oflerofi a substitute to the
elTect that Mr Evans bo entitled to take
his seat in the House, on tho % 1st of
this month, as representative ol the
district, unless Mr Holland shall, bofon
tlmt day, fnrniKh the evidoneo of illegal
votes cast for Mr Evan*; and that any
evideuce herealtcr furnished be referred
to the committee ou Privileges und
Elections; authorising, further, the
Speaker to issuo warrants to enforce
tho transmission of the election (Miners.
On motion of Mr Lee, said substitute
was laid on the table—yoaa 49, nays 40,
On motion of Mr Brown, tho report
and resolution of the minority of the
I Elections,
yeas 48, nays 8ft, ¡B||||
RunnelM*movod to aityourn until three
o'clock, r m, to-day—lost.
Chilton, by leave, withdrew tho reso-
relativo to the exchango
„ clerks,
d correctly engrossed
bills: a bill relative to
I sules of real estate or negroes in
nty of Travis; a bill to releusc
Gordon from minority,
oflered a resolution authorising
contract
of the
the institn-
the deaf and
■HUB
i and of the I
Friday,
.tho
and
PBS
to take
from the
appointment of
Britton a com-
oommittoe on the
into couside-
reporting a bill
' raisers,
turned until
Coarl.
M:
mm,'.
¡Átó t
Bit
1881.
denial
rndiuii
mt
n¡PT®rffrW
l'leaso notioe new advertisements in to-
days Issue. .
i Card.
Owing to the laelenieut weather, Mr. Clark'
cotillion party ha* been posponed till next Thurs-
day night, when he wjll be pleated to greet the
smiling face of all t.ho«e who wlih to while away
a plea*ant hour In the gay mases of the dance.
Austin, Nov. 14,1857.
iy The Aroixo Minhtkhia will perform
Monday, Tuesday, Friday, and Saturday night ,
of every week.
The Editor or this paper Is attending
Court in Hay county.
Ma). J. K. Boatwick recruiting officer of
the Nicarngsan Army, passed through our city,
last week.
The gentlemanly editor of the Gonzales
Enquirer. S. W.Smith, paid us a visit this week
We aleo acknowledge a visit from the editor
of the Breuhaui Enquirer. Both are good look-
ing, and the very pictures of health. We are
happy to hear that their respectiva papers are
liberally taken, and are paid for. A paying sub-
scription only justifies the publishers.
The sfinkmr CoL'rt.—It will be seen by ref-
erence to onr journals and condensed opinions,
that our Supreme Court Is progressing well with
business. Hoveral important cansen have been
decided, and many others are ponding.
Tim Fhdkual Coukt at Tyi.kk is being
held by Judgo Thos. II. Duval, The Marshall
Win. Young, had returned from proseeutlug a
suit in Tennessee, and was present, without a
delist, however, to pay tha expenses of the
term- Judge L. A. Thompson, and several oth
or attorney , from a distance, were in attend,
alio". Aud our correspondent says, that Gen.
Henderson was expected there to attend to bis
business, rather than ooiniug to Austin to urge
his claims for renatorlnl honor .
Gen. Henderson is right. The time is coming
when the fa'thftil man to hts trusts will be re-
membered. when agents for important public
service havo to be selected.
Seme important eleven league oases were to
be tried;
S¡:tti.kkh i'poh the Rkhkrvb.—An Interest-
ing debate was had in tho Seuato Friday, up-
ou tho Fuhjeot of releasing or extending the
time of payment to those who have purchased
lands st fifty cents per acre, within the Pacific
Railroad Reserve. Whatever may have been
the original Justice of the claim, U seems to be
admitted that they origiually settled in violation
of law, and now thoy are not ablo to pay fifty
onts per acre for these oholce lands. Every
<me seem'd willing to grant indulgence; but
great objections were made to absolute dona
(ions. Tho bill passed extending the timo to the
1't Oct, 1859. without Interest. Why without
interest, more than other debtors*
A resolution has been introduced and
passed the Senate, instructing the committee
on State Affairs to enquire into the expediency
of affording relief to those couuties in which no
erops have been raised for two year*. This
would be a measure of humanity worthy of all
praise. X
COMI'mmentary to JcilUK VoNTRK .—Judge
E. 11. Vontrcss, having held tho District Court
of Collin county, under very pressing Indisposi-
tion, the bar ol that district held a meeting, and
passed resolutions highly complimentary to the
promptness, ability and fidelity, with which the
judg« transacted the basinets of the eourt. The
meeting was presided over by Alexander Berry,
Esq., and Geo. T. Armstrong, Esq., acted as
Secretary. We have been furnished a copy of
the proceedings, by i. C. Enston, Esq., one of
the committee) but we only hare room to notioe
the gratifying fact to the friends of Judge
Voutress.
Tub Oontbhtbd Ei.kction—It Is known that
Mr. Evans contests tho election of Mr. Holland,
the member from A mitin oo., upon the ground
that Mr. E. has four votes majority ever Mr. 11.,
counting a precinct not received In time, Mr.
H. answers that Mr. E. received 90 Illegal votes,
and Mr. E., rejoins that H., received Illegal
votes. Ou Thursday the Bouse decidcd in fa-
vor of Mr. Evans, the proof as to mho received
the illegal votes not having arrived ; but the
roof being In tbe%tate Department, tho rsso-
itlon was reconsidered on Friday morning and
ths question re-referred to the oommltteo ou
elections.
i ■ ■ ■ ■■ t
University.
We Were politely invited to sttond the eom
pilttee on State Affldrs. of which Senator Wig
lall Is chairman, on Tuesday evening last i aud
we were greatly pleased to observe the unauiiu-
ity with which Senators agreed, that the most
liberal appropriation which the state of the
treasury wi l allow, should bomadefortheerec-
endowmont, and furnishing, of okc Univer-
upou a liberal Slid enlarged scale.
' that Texas had tho p«w-
au Institution as would have
; and that uo sacrifice is too
i the end of providing for ihe ed-
of the youth of the South. Senator
was directed to prepare a hill, which
doneJM^^^p^SS
A b.U has been passed through both
authorising the Governor to call into
ununited Bangers, to be
i three Deaths or longer, as the
n ef
L* (.Tyiwty#
ALLL.^Jwi
i Coiutitutional ConTenlion.
There arc few men who do not adult, that se-
veral constitutional reforms arc necessary. About
the manuer of effecting these reforms there 1 a
difference of opinion. Iu the discussions ol the
subject, the es« UUa men have urged the necessi-
ty of so amending our State Constitution as to
allow bonking ¡ thus demonstrating thu prono-
ness of men lo take advantage of a good move-
ment to effect some selfish notion or to promote
some Itoblty ..I their own. It i not to effect a
policy, but to answer a tuiutty, Hint the writer
has urged the propriety if a C'oBveut.on. All
will acknowledge that tlfcre I" ncceswiy of so
auiuudiug the l! iislitutUui as to allow the Gov-
ernor to lili judicial und other ractuic'es until
a regular election cau be held. And yet that
stolid indlfferenoe to the affairs of State, which
in this tostonee amounted to practical opposi-
te, and which is at all times an enemy to good
government and free institutions, causcd the de-
feat of the measure. The indlfferenoe was not
with the masses alone. The presses—the senti-
nels of liberty—were almost universally silent.
This paper and others spoke out, not in the spi-
rit of controversy—for there was nothing to
combat—but in earnest admonition. The men
who usually lend the popular mind—the county
politicians—were too busily engaged in deter-
mining who should have th# honors nnd emolu-
ments of offioc, to risk time or popularity iu
urging a measure, which all supposed would
pass.* We may thus account for tilent opposition;
but how shall we acoonnt for the large vote re-
corded against the measure? We will not re-
ceive It as an evidence of opposition to constitu-
tional reform; though such an inference would
be more legitimate, than that of the Galveston
News, whon be urged that the votes onst for the
reform were to be takeu as nn evidence of the
willingness of thu peopl to amend their Con-
stitution so as to allow banking. We think it
far more probable, that many who voted ngai ist
it had not Informed themselves of the character
of the amendment; aud that like ninny over-
cautious legislators, they thought that it was
generally a safe vote to any "no." Wo think
it probable likewise, that muny extremo anti-
lank men supposed, the amendment was to al-
low bnuking. In making this remark, we would
not underrate the general Intelligence of tbe
people. But it will be remembered, that we
stated before the election, when speaking of this
subject, that there was not one half the voter*'
In Texas who subscribe for Texas newspapers j
and not near all who do mb cribe rend the ad-
vertisements or recollect all which they read.
But to whatever we may attribute the failure of
the measure, its necessity nnd tho tnct that it
di3 fail provo the Impossibility of this mode of
amendment.
But this Is far from the only constitutional re-
form which .the country demands. Tbe whole
judiciary needs a thorough reformation. The
extent of Justices jurisdiction ; and the fact that
uo appeal (under a peculiar construction of the
Constitution) lies, except through an expensive,
troublesome and little understood certiorari—a
remedy which Is uot of ri/jht, but of discretion
with Judges on whom weigh the dread of time
loHt in determining controversies petty lu tho es-
timation of men receiving $2,230 per annum,
but large with those who can only earn $200 per
annnm, and whose destruction may be accom-
plished by a justice of the peace, loudly demaud
an amendment. Either the jurisdiction should
bo ubolishod altogether, or tho appeal should be
direct and cheap, as the Constitution Cramers
supposed it was. Individually we are In favor
of the single original jurisdiction system. And
there is no stronger argument in its favor, than
that tho present probate court system is expen-
sive and unsafe to estates. It exhausts much in
attempting,to administer them; it beggars heir
by illy advised sales without notioe to those
really Interested ; it rarely docs, aud it. rarely
can, wind up an estate through the agoncy ol
theso courts; but it'drives parties to the Distrlot
Court to settle evory disputed claim and litigat-
ed point requiring a jury. To the mere esparte
orden of theso Irresponsible tribunals is given
the effect of judgments. They are thus often
made thu engine- ol robbing tbe dead. It is
vain to attempt a reformation through the Le-
gislature. Tbe evil lies deeper. It is In the or
gaulc law, which creates and defines the juris-
diction of these tribunals. That jurisdiction
should either be merged into the Dlstriot Court,
or else a more speedy and less expensive system
of appeals should bo devised. But perhaps of |
all tho follies which we have inherited from our
common law fathers, that of numerous courts,
with separate and independent jurisdictions, is
the greatest.
The notion of a court of Inst resort with ap-
pellate jurisdiction on/y'is a favorite theory with
American lawyers. This is not entirely a com-
mon luw error; nnd it is hard to tell precisely
from whence it comes. Be that ns it may, we
regard it as a fixture. Being such, it Is the part
of wisdom to make it as perfect as possible. Our
present system has lieeu tried eleven years, dur-
ing which time 17 volumes of Reports huve been
published, aud three moro are progressing
towards publication. Including tbe wholo ex-
penses this brsuch of the publio service (the
Supreme Court, reports, library, salaries, & .,)
bus cost about $150.000! But this is not tbe
only sum which tho people have paid for the
right of appeal. Tho costs have for exceeded
that sum. We would not Intimate, that the right
is purchased at too groat au expense; loathe
writer commenced hi professional career Where
tbe jealousies against suqb a tribunal caused the
^postponement of Its oreatlon and organization
Seventy years. And it is a problem not yet
settled iu Georgia, whether the State was not
better off without such a tribunal than witbtt.
Certainly the system raised up abler ndvocates
than can evor be found where judicial decision
are precedents.
The long postponement, nnd the great jealou-
sy agaiust such au Institution in Georgia, led to
some safeguards there, which Texas might well
imitate. And first among these, Is the obliga-
tion to dispose of all eases at the term to which
they are returned. Thus comineuced the Geor-
gia bench the same year with ours; aud with a
muoh larger amount of business that benoh has
kept up; while lu Texas, causes have often been
delayed from one to seven years. Of coarse the |
Supreme bench of Georgia possessed many ad-
vantages. Their. Judges were men of greater
age, experience aud practice; the very foot, that
thing had been settled had caused every thing
bo a thousand times mooted. Records were
upon bills of
th$ poluto (o be I
allow appeals upon facts und app"ala upon ques-
tions of law. The former should never serve as
precedents; 1>■cause two sets of facts rarely
agree ; tho latter should be determined upon the
law question involved and no others—thus die
pcnslng with long oMur essays. To ensure
greater despatch and nu.ue correct conclusion
we would suggest live Judges us a more suitable
number. One of these should be elected evpry
yonr, only eligible twice in succession, so a to
get a greater interfhsion of men fresh froin the
practice, and preventing a mutual dependence
of acceptable und unacceptable Judge upon
caoli other for re-election.
Tho necessity of Increasing the numlier of
Judges Is now generally acknowledged ; and it
must lie apparent, that it cnu only bj done
through a Convention.
Tbero are other equally necessary reforms,
the discussion of which must be deferred until a
more convenient season.
The Judgeships.
Binen the eleotiou of. Chief Jnatice Hemphill
to the Senate, there is a certainty that there
will bo a vacancy upon the Supreme bench of
Texa . Some hare upposed that this will oo-
cur immediately; and henoe we should not be
surprised to hoar of bar meetings, lawyers let-
ters, and all the other elements by which popu-
lar opinion 1 created. We have not conversed
wlih tbe Chief Justice; and hence cannot say at
what precise time he will resign. He.continues
to perform his judicial functions, "affirming"with
aud without damages," "reversing,-' and listen-
ing as patiently to long talks as if be had a life-
time estate in the office which he has filled so
long. But while he is contented, other are
restless to kuow when he will shuffle off his old
boots and shuffle on hi new; and there are ma-
ny anxious for the old boots.
It is generally known, that the active duties
of the Senator elect will not commence until
after the 4th of March, 1859; and therefore he
will not probably be called upon to discbarge his
(unctions until December thereafter. He might
therefore hold his office until that time. But it
U hardly probable, thnt be will do so. He may
qualify on the 4th of March, 1859; and com
menee drawing his salary at thnt time; and we
presume of oourse that he will do so; and that
he w II so arrange his resignation as tu allow an
election to lake place at tho next August elec-
tion. An opportunity will thus be afforded for
"arrangements." We already hear It said, that
Judge Wheeler will resign the office of Asso-
ciate to run for the Chief Justiceship. But, as
Judge Wheeler is a sensible practical man, wo
can hardly suppose, that he would undergo the
«xpense and harassment of another election for
an empty honor without an increase of profit.
Should we be mistaken ln'thls, It remains to be
seen whether the outsiders, who havo Bet their
hearts upon the centre, scat, will be willing to
take one to tbe left or right.
We have heard some speculations as to hou/
the candidate or candidates, ns the case may be,
are to be brought upon the field. Some are al-
ready looking to the Democratic Convention in
January; others are getting up county meetings,
and others are "feeling about" generally. Our
viewB in regard to political conventions for ju-
dicial nominations are well known. We are in
favor of political conventions to enrry out poli-
tical purposes; but as Judges have no political
purposes to accomplish, we are opposed to poll'
tical oonventious for the nominations of judicial-
officers. We think such things should be left to
Black Republicans, who have nullification ob-
jects, and to Know Nothings, who have grips
and Bigns which their Judges may understand.
At the same time, other things being equal, we
prefer Democrats for judgeships to opposition
men—not as a principio of spoils, or from any
hope or wish for favoritism; but beeause De-
mocracy is a part of our religion. We oppose
Judicial conventions, because conventions are
only tolerated as a political necessity—nnd if we
admit the necessity as to judgeships we teach
aspiring men to rely upon political manager aud
wire-workers As to the manner of bringing
out candidates we are uot sure but the method
adopted by the good old Democratic Statu of
Virgiuin, is a good one. There they select two
men from each township—one of each political
party, so as to avoid political influence.
But whatever may be the mode we think it
proper that the people should look out for nn
able lawyer of high moral character—au honest
impartial man, who will perform the service
with alacrity and independence; and that they
should elect him for his merits. Certainly the
offico is noi one to be sought, any more than
was that of tho United States Senate. And,
without authority, we venture the opinion, that
Judge Wheeler would neither submit to uor ac-
cept a political nomination for an office, the
duties of which he considers sacred from ail
scheming or electioneering. We have felt It our
duty thus to repeat our sentiments, when there
it no reason to belye Cur motives.
Explanations.—We publish below the let-
ter of E- D. McKinney, Esq. Of course we
were generally understood as referring to Col.
Thomas F. McKinney, of Travis county, whose
views as to caucuses and conventions are well
understood, at least by the Democracy of Travis
nnd Galveston. •
House op Representatives,
Austin, Nov. 12th. 1807.
Editor of the Intelligencer,
Sir : - Iu your paper of the lltli, (yesterday,)
under tho liend of ¿-Coininy to tke Fold,'" alter
mentioning the unities of Robert Taylor and
Johu Caldwell, you ay that "Col. McKinney
saw no necessity for tlio caucus;" and further
that ''Col. McKinney stands upon the Demo-
cratic platform, but does not approve all tbe
practices of the party." I aui awure that you
alluded to Col. Tuos F. McKinney. of Tra-
vis; I know you did not intend to place mo in
a false position; but as your paper will be sent
homo to my constituents, and to the adjoining
counties, and read-by very many who do not
know tbero are two Representatives in the
House of the same name, it i* calculated, with
tbem, to create surprise and astonishment. I
have never had any occasion to "come to the
toldI did believe In the "mecmity of the cau-
cus' —and do believe in the ,lneuewily" of ad-
heriug to tbe system; -I bare always stood
"upon the Democratic platform,'-' aud "approve
all the practices of the party." Yon will dp me
the kindness to publish this, to correct any er-
roneous impression that may have got abroad
Wednesday's article, and remember
from last Wednesday'i M
that McKinney of Travis and McKenney of Hop-
kins differ
iney o
er widely abc
Respectfally
about conventions.
your frisad,.Ac.,
fc. D. McKENNEY.
«wWNMMSi
tST A late letter from Hnmbolt to a scienti-
fic astronomer in Germany, announces that the
(th and last volume of his "Cosmos," Is ready
for puhHoation.
. ti from the National Chess Oon-
Wkiie thcu we would gress show that Paul Murphy of New Orleans
|lly, we would Is tbe best player lu the United Sute , and Mr.
wo, stands next. The latter
sped and won 'five
time, without seeing the table i
this head." having ths
> '
•
A Reatos fur Expansión.
Wc have always believed in the progress and
expansion of our population. It is tbe surest
means of overcoming old fogyUm, and foolish ar-
istocratic notions, lorrowod from the mother
country—that Is. from old England, where they
have lords 'and ladies, courts, nobility and gen-
tlemen, as distinct, dtMmUiuK, wisiniue oliuses.
It is from that old England, that mother coun-
try, that our fathers borrowed their notion of
blue laws, witch hanging, imprisonment for
debt, circumlocution jurisdictlom..chnrcbfpiivi-
leges, with a vast amount of Tom-foolery iu the
manner] of legislation, tbe science of govern
luent, the pretended protection of manufactures,
merchunts facilities, but in fact exclusive privi-
leges to the non-working classes.
As people go to the westward, and become lu-
terfused with people from all States and nations,
they learn to feel each others wants, and absorb
each others ideas. And there is a good deal iu
Uncle Jimmy Logan's notions, wheu he said he
bad attended Indian council until he acquired
a very fond taste for the soience of legislation.
He there saw men who had acted, and acted cau-
tiously, but seldom talked, and never fussed
about their constituent , for whom they printed
speeches. A great deal in the new State ha
been learned by this process of original think-
ing. Thus, when the red man saw a poor devil
locked up iu jail, ho asked what crime he had
committed, and was amwered; " None, he was
imprisoned for debt! " " Iluuipb," said the sou
of the forest, '■ he ean never make any mouey
there." The rough hewed men of Kentucky
took the hint, nnd abolished imprisonment for
debt, aud evory uew State, aud a few of the old,
have followed the example.
The Texas revolutionists, made up of nil ra-
ce". got rid of a vast number of the senseless
distinctions in the/or is of remedy ill courts of
justice; and had not some of the cabbage-headed
common lawyers .fasteued upon us n portion of
the common law jargon, which chains down
many of our judges uiiud\ Texas would have
had a wise Bystem of jurisprudence. As it is,
she has the glory of seeing her example follow-
ed by a large number of the old blue light States.
We have been .led to these reflections by no-
ticing that our nenr-sun-down neighbors, theOr-
egouinns, have shown some boldness in their con-
stitution. They abolish the inquisitorial branch
of their government, the grand juries, and try
upon the open examination ot committing con-
victs; jutlgts nre declared ineligible to any
other offico during their term of service, and for
one year afterward.-1; there is to be no licutcli-
mit Governor, and they make the Secretary of
State Governor in case of vacancy; municipali-
ties are prohibit d from contracting debts, and
banking absolutely prohibited. There are oth-
er wholesome provisions, which prove that tho
Oregonians huvi' risen above old fogyi. m.
The "Sews" and the "Intelligencer."
We congratulate the "News" upon the fact,
that the Know Nothing papers have generally
indorsed his argument, that a State cannot
make a citizen of the United States, as also tbe
non aequiter that none but the citiz ns of the
United States can exercise the right of suffrage
We commend the ''News" to tho funny-euough
leader of tho "Eastern Texas Gazette.''
Thnt paper assumes a fact which we do not
admit, and which of courBo the "News" will de-
uy; and that is, thattho 'Intelligencer" and the
"News" both belong to the Douglass Democra-
cy. The Intelllgenccr belongo to tho Democra-
tic party, but accepts no handle to the party.—
We always BUspect those who cid) themselves
Jackson Democrats, State Rights Democrats,
Southern Democrati, Convention or anti-Con
volition Democrat". It is enough that a man is
a Democrat in faith nnd practioe. New
handles and personal qualifications nre the in-
ventions of those o.ily half-perauadi d-to be De-
mocrats.
Of course the News will deny any connection
with the Democratic party, nsTluch.
A paper which, like the Gazette and other
know nothing printi, assumes, that the States
have surrendered to Congress th'' right of defi-
ning suffrage, can neither claim to be Democra-
tic or State Rights.
Iu juBtico to the intelligeut men of tho Kuow
Nothing party, we will say, that they never in-
dorsed this dangerous heresy. We havo de-
bated the issues with many m thu beBt lawyers
of that party, and never heard one of higher
fame than Feck, contend that the States did not
possess exclusive control over suffrage.
An opposite theory seemed to be claimed by
the I'hiindelpbia platform, but it was never se-
riously urged. We had hopod that tho News
would acknowledge its error, especially as it
published a letter which exploded its theory in
a nut-shell. But it seomg to prefer the compan-
ionship of K. N. presses, whoso Ed'tors have
doubtleBS never thought of the structure of their
government, but who think to gain something
by bawling against negro suffrage—-a tiling
which thnt party never condemned.
Tub Cart War.—The Govemor sent a mcss-
ugc to the Senate Fridny morning, giving a
history of the ontrages perpetrated upon the
Mexican cartmen, and the consequent necessity
ol calling out a Military foroe to protect the
oommerce of the country ; and recommending
that such offenders, conspirators und Hlelr aiders
and abettors lie punished with Imprisonment in
the Penitentiary, and giving jurisdiction to tho
adjoining counties. The Sennto ordered the
printing of 1000 copies. At present wo have
only to mention n new phase which the subject
has assumed. Tim Governor "Communicated a
correspondence between Gen. Cass und and the
Mexican minister, showing that these lawless
amusements lu which ninny men in Texas have
Indulged for several years, in expelling Mexlcau
citizens from the country, and interrupting their
peaceful aud useful avocations, have been vio-
lations of the treaty of Guadaioupu Hidalgo,
which guarantees tho prot|otlon of the Mexican
oitlsens, who made their election to remain citi-
sensof tho United Stutes. The outrages therefore
aro rebellion against tho supremo law of the laiul.
Viewed from this staud point, thu Uuited States
ought to Incur the expenso of protecting the
road and hanging the murderers.
We have the consolation of foellng, that from
the commencement of the war in this country
until the present day, we have opposed the
movement, believing that It wm foonded In sn
unworthy prejudice, and Was a crusade on
cheap labor. We have been astonished of late,
to witness the manner In wtyeh Influential men
exotiss a movement injurious to everybody.
M. G. Railroad.—The Act to
the charter of the above road
branches of the Legisli
nice. It
the sanction of tho
toft.. .. ¿ÜUil.
Tus S.A.
e and
By Suadny'i nail.
The late destructive fire in Bmwn vlli
to have resulted from drunkenness.
The new Episcopal church lu Galvn
cording to the deserlptiyu glyen of ltl *.~
vilian, Is a hundsouio building. Length
breadth 67 feet, supported by olu8tor,or *
umnB bronzed, windows of enamelled glj,,C"
towers alone to oott $ 10,000.
The Houston Telegraph of the 11th imt
the weather ha been for a d«y or
chilly and unoomfortable, owing to an e>i t wii
Ditto here. Wo huv'.it seen the sua fur <
days—afraid it taken tbe veil for Die Wiut«
Thoabovo paragraph is a little ahead «/u
time . The sun is shining uow (Monday i
ing, 10 o'clock.)
The ame paper says " a good many eml^
are arriving by the boats, who will uoiloukui.
make good citizen when they get thew'
the country." That's too bad. Do tou
to insiuuate, friend Cushiug, that a rup« ,
blackjack will be called in requisition fort
benefit 1
Tbe same paper says, speaking of our pun
cation of the Supreme Court decision ," tttU
telligeucer is in this respect the best paper fc,
lawers, in Texas." Thank you—that's a
decision of yours. In that wo hope you will mj
have occasion to reverse and remand.
The Jefferson Tex. Gazette says that" gJ¥|
& Clark have received three boxes silver«
froui tbe mills in Cass county for shipment."..
How large are the boxes? size of
larger 1" '
The same paper states that 3000 lbs. nut,
root, procured ou Red River, nnd neatly bslij
passed through that town on Its way to marks
The Crockett Printer serves up its wsekli
dish of yams, weighing from 3 to fi pounds. %
assure the good-looking editor of that paper (m
I never seen him, but his portrait) thatsi
was only the oolor of the " tutors " that uuli
his paper yellow, and thut our fondness fmhii
favorite vegetable is groat.
The Bastrop Advertiser says that on
Wednesday night, ail unsuccessful attempt i
made to break the jail at that place, to ct Ut|
prisoners at liberty.
The same paper speaks in a gratulatory i
ner of the improvements in streets and I
walks, mado by tbe new corporation oi I
town.
All our exchanges speak of ra:u and eoUg
weather.
According to the Galveston News of the I0tl|
Inst., tbe ship J. W. Fannin, belonging to Wit
Hendley, & Co., of Galveston, and the shiplfe!
bruskn. belonging to Mr. Hnnniiigs. el' N.Y.
stranded on tho breakers ou Sunday last, duria
a violent S. E. gale, and wero completer
wrecked. "The life-boat from Galveston. ei ijÜ
mantled by Capt. Haviland, rendered efBcl
service iu saving the passeugors. No lives'
lost. The cargoes will probably be mostly
but are insured.
Business Cut out for the Session.
It is by uo means probable that the bualr
of tho session will be confined to tho genei
recommendations ol the Governor. We belieij
thnt in that able document not an allusion I
made to tho Civil Code, nnd Code of Civil P
cedure, and the Revised Statutes, which han
been written, digested nnd printed at an expem
of perhaps over twenty thousand dollars; ul
upon which a great deal of time was devoted it
the last session of tho Legislature. Surd|
some one of tho printed copies will be huntti
up ami an efHt made to puss thorn, if not
entirety, with such amendments as the mui
able lawyers in the Legislature will be able b
suggest. The onslaughts upon the Crim'ini
Code, which are noticed by the Governor, shiwll
deter no one from the task. Codification li
cessary; and hurried codification ig better tis
our present loose, disjointed, scattered and ml
of print laws. But the matter need not be hur-
ried. The Judiciary Committees may easih
give a great deul of time to the sulijeot; mi
greatly improve what hits been done by the
difier . '1 his subject will no doubt reeeitt
prompt attention.
The facrthat the Legislators eannot fiodW I
copies of tho printed laws, and are rummaf
about the luw o dices for some of tho sei
acts, is the best guaranty that there will beij
provision for a reprint of tho Statute at lai
The many notices already giveu of ab inte
tiou to amend tbe Constitution, with the poeitin
proof thnt it can only be nmeuded by a C'onm
tion for the purpose;—the necessity of ami *
tnent, to avoid the civil revolution which nnotbs
apportionment under the prosent Conititntis
woufd onuse, and thenecesrity of increniingtit
Supremo Bench, of reforming the Judiciary,
providing for tho sale of our school lands, Ac,
&c., all render It very oertain. that a oontfto-
tional reform Convention will assume a pws*|
nent iinportnnoe^dnring tho session.
Standing out In importance is also the inhjedl
of a University. Wo notico elBewhere its pr J
gress in the Senate.
Tho subject of railroads assumeB vnrl
phases. There is muoh more danger of I
much than too little being done. The c
pressure in favor of the immediate compie""!
of a few great lines of railroad is so great, tWC
tho utmost liberality wonld not more than f |
fy suffering constituencies. But the fear is, tW|
new and rival projects may injuro those "''"J
are practicable.
While these may be regarded as the gi*^|
measures which will come before the I
many of which are bei|i¿ carved out, and1
of whioh have made considerable progrei , t
are others which are of vast interest to the |
pie Individually and colleettvely, locally and Í
nerally—measures which will be under partí
lar guardianships, and which by the rule of®*
tual courtesy and dependence will bo m"M
telu of success than the loading measures ef v*
session. In relation to all that is of general
terest. the Intelligencer will give the véryí®
liest reports, sparing neither labor nor exp*1*
(suoh has ever been our motto,) to ,
paper interesting to its patrons. As uiany
tors however may escapo onr Reporters,
would thank the members respectively for
facts as possess interest. We are desir®"^
earn all the patronage which has been so
rally bestowed upon us.
The Cart War.
One fellow Booms to take our pious wi«ki
tbe murderers of ths Mexican cartmen, r
alders and abettors, were In the State's ]
to himself. We eould uot tell whore ths i
would hit. If lie wishes to appropri
character, so bo It. lie may be sssur
law will bo passed broad enough to «n
i s, «bettors, and perhaps the syn-r- .
these knights of tbe road. A word W
vice; Never pat on ou Illy fitting cap.
i am
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E^SÉlíifliÉttaÉ
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The Southern Intelligencer. (Austin, Tex.), Vol. 2, No. 13, Ed. 1 Wednesday, November 18, 1857, newspaper, November 18, 1857; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179924/m1/2/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.