American Flag, Cameron County and Matamoros Advertiser. (Brownsville, Tex.), Vol. 3, No. 235, Ed. 1 Wednesday, November 22, 1848 Page: 2 of 4
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THE AlERICArV FLAG
CAMERON COUNTY <$• MATAMOROS
ADVERTISER.
BROWNSVILLE, TEXAS.
WEDNESDAY MORNING, NOV. 21
{£?" Just as our paper is going to
press, we learn that New Orleans dates
to the 13th inst., have been received,
which contain the intelligence that Geu-
Taylor had received the votes of the
states of New York, Pennsylvania, New
OCT Conscious of our good inten-
tions, we feel no hesitation, now and
then, in alluding to the affairs of our
neighbors of Mexico; and it is with re-
gret that we have heard of what is term-
ed a charivari occuring at Matamoros*
It appears that some part of the popula-
tion were displeased with the course
pursued hy their deputy in the Con-
gress at Victoria; and, on the night of
his arrival, they arrayed themselves in
front of his family residence, making all
sorts of hideous noises. Now, of the
merits of this gentleman's acts, we do
not pretend to judge; but it appears to
us not to be in character with the spirit
of the age to act thus. We hold that
every public officer is amenable to the
people for his public acts, and it is right
and proper they should be allowed a
hearing before they are condemned.-
What were the instructions given to the
deputy, and how far ho violated them,
we know not; but it certainly seems he
t ivr 1 j ™ , • r oughtto have been allowed to explain
Maryland, Oh,o, M,ch.ga„, In- j hia couree (ifhe could) More he w.,
diana, Georgia, Tennessee and Louisi- j
ana. The results, so far as heard from,
render the election of Old Zack certain
and no mistake.
05" We would be much obliged to
our friends if they now and then favor
us with such late dates as they may
receive. We have, heretofore, been ac-! ^ess ought they te be rebuked in this
customed to acts of courtesy of this \ kind of manner, by midnight yells, blow-
condemned. All public officers ought
and should be held accountable for any
trusts confided to their management;
but, it does not follow, as a matter of
course, they should be censured before
their conduct is investigated, and ascer-
tained to deserve censure. Ami much
kind, and feel keenly being deprived of
the same.
We consider it a favor if any person
would inform us what becomes of the
New Orleans and some other papers,
mailed for this office. We suppose that
we will be compelled to inform ourselves
if not informed by others.
Local Election.—Mr. Walton
Murphy was yesterday elected Treasurer
for the county of Cameron, by the Hon.
the County Court.
We are pleased to learn that the
Court, during' ifcs otnoianj ifiiiilcU clic
County into road precincts, and appoint-
ed^overseers, and we hope to see the
orders of this Court carried out with
despatch. We are satisfied that the citi-
zens of Cameron county, feeling the im-
portance of this matter, will all take
such an interest in it as will effectually
aid the officers appointed to fulfil their
respective duties.
ing of horns, and other disagreeable
noises, calculated to disturb the general
peace and quiet of the town.
Such conduct as this fails in its object
and degrades the motive which prompts
it. It ceriainly seems to us a mista-
ken course to urge a complaint. The
delegate having just returned to the bo-
som of his family, after a long absence
upon public business, before he had time
to rest lroin the fatigues of his journey,
to be annoyed in this way, without ever
DEPARTURE OF MAJOR THOMAS B.
EASTLAND.
The steamboat, Fashion, on Wednes-
day last, bote this mimic hero and petty
tyrant from our shore. We happened
at the Brazos on the eve of his depart-
are—the power had departed—and noth-
ing but the man remained.
Had his evil deeds died with him, we
might have now been satisfied; but pub-
lic justice, public good, the firm dis-
charge of our duty, will not permit it.
We will pass over the loathing con-
tempt his last hours elicited from all
around him, who knew him well. A
good man could not thus have fallen.—
For the same reason, we shall touch
lightly upon the low and vulgar abuse
that he poured upon the editor of this
paper, showing, that if the government
do not need his services longer, he would
not go without employment in Billings-
gate.
We are not to be thus drawn from the
son die, (in legal language,) by duress
of imprisonment, this is murder.
So where the keeper of a place of con*
finement obliged a party in his custody
to lodge in a room with another infected
with small pox, by which means he took
it and died, it was holden to be wilfu
murder. Now supposing Mr. Penn hat
died during his confinement at Vera
Cruz, would not Major Eastland have
been guilty of murder? Most clearly
he would according to the English au
thorities.
Major Eastland knew Vera Cruz, at
that season of the year, to be more dan-
gerous to human life than almost any
other portion of the habitable globe.
He was bound to know it, because he
had regular communication with that
portion af the other line then stationed
there, and was in possession of the cur
rent information of the ravages of the
epidemic then so frightful and fatal.
Yet, with all these facts staring him
in the face, he forcibly and violently
imprisoned a citizen of the United States
any and eveiy thing that encroach*, or
attempts to encroach, upon the civltnd
political rights of the people. It ia *
duty we owe to the people, it is a di*
we have heretofore performed, and it k
a duty we shall continue faithfully and
fearlessly to discharge, without favor,
affection, or reward.
We now republish the article which
has been so offensive to Major Eastland,
although he has never demanded the au-
thor who has been subject to his calf'
both at Matamoros and New Orleans,
as will appear from the following:
From the JV". 0. Commercial Bulletin.
The tulluHiiig from the Matamoros Flag of
the 1st of Jul), has been sent to us for inser*
lion as an advertisement. We know nothing
ourselves as to the merits of the caae, but the
gravity of tbe charges is such tha* we presume
us a matter of cuuise, Major Eastland des
in and an investigation. The name of 'k® au*
ih<>r in left with us, and will be given up to any
one properly authorized to demand it. _
Messrs Editor?,.—In making the fol"owing
communication 1 consider that! am discharging
a duty to the citizens of the United States,to the
United States Government, and to the charac-
ter and reputation of the officers of the United
States Army. 1 nese officers, as a body of
discharge of our duty. We acknowledge jan^ fexas' w^8t i" the discharge of
no personal quarrel with Major East-
land. It has been the abuse of power
that in him has been vested that has been
the subject of our comments; and we
feel that we have dealt mildlv with him,
V '
when the heinousness of his many offen-
ces are taken into consideration.
As Maj Eastland might,indeed has at-
tempted, to induce an opinion that this
paper has wantonly attacked him, we
owe it to the character of the press, we
owe it to ourselves to give the particu-
lars of at least one caso to show his
treatment of our citizens, and then ask
what press could have been silent ? al-
though the communication published by
us, and republished in the New Orleans
Bulletin—every charge in which re-
main, as yet, unrefuted—the author not
having been demanded, would alone jus-
tify and demand of us such notice as
would at least guard the government
from a careless scrutiny into the ac-
counts of one who has been its disburs-
ing agent for millions.
We have, on a former occasion, said
that many pages necessary for a true
history of the late war had yet to be
written ; and, situated as we have been,
a duty imposed upon him by the civil
authorities, and hurried off* in shackles
to the fatal spot where death seemed
almost inevitable. Is not this a stronger
case than some of the cases cited, and,
moreover, does it not show, in the lan-
guage of the law, "a heart devoid of all
social feeling and fatally bent upon mis-
chief." A kind Providence saved this
unfortunate man from the cmel fate
marked out for him by Major Eastland.
The least, however, that can be said of
it is that Major Eastland has subject-
ed himself to an indictment for an
assault with intent to "kill and murder."
This is clearly the character of his of-
fence.
The Constitution of the United States
declares that the military shall be sub-
sequent to the civil power.
The Constitution ofthe State ofTexas
declares, that in all criminal proceedings
the accused shall have the right of being
heard by himself, or counsel, or both.
He shall have the right to demand the
nature and cause of the accusation—
shall be confronted with the witnesses
against him. He shall have the right to
a speedy trial by an impartial jury, nor
shall he be deprived of life and liberty,
or property, except by due course of law.
men, cannot but feel in some degree implicated
tgrace of any one of them, eith
or implied, especially if only implied. And any
at the seat of war, we should endeavor to
calliag upon him to explain his course, |g've them in our columns, "nothing ex-, ... - „ , , . , .
is too bad. 1 tenuate nor aught sit down in malice," j Again, "no citizen shall bo deprived of
nav« ine peoptv — I to the glory or I privileges, outlawed,^ or 111 any
their delegate, let them meet together as j So glaring, so flagrant, has been the ! of law.' How then can a m'erti CcOarasif-
abuses of power by Major Eastland, j '"aster, not holding even a commission
that four several true bills have been 1the reSular army assume the unwar-
found against him by the Grand Jury j ran table authority of seizing an Amen-
of Nueces, as also of Cameron | can citizen, and sending hiin in irons to
Countv during its session last month, j foreign parts beyond the juris ic len of
Charges have been regularly preferred i the cm* authorities, thus depriving him
against him, to the War Department, by ! ot h*8 constitutional rights .
an officer of the Army, for conduct un-
becoming an officer and a gentleman,
added to other charges which we refrain
from mentioning.
Touching the several indictments
against Major Easltand, there is one
which calls for particular notice, which
is—The indictment for assault and
battery, committed upon one James
Penn. The circumstances of this trans-
action are so revolting to every feeling
of humanity, that it would be culpable
to pass them by in silence, although a
communication on the subject had been
to give it a call, particularly if they want; neatly executed. We hail our brother published at the time of the occur-
intelligent beings should do, let them
consult together as to the remedy, if they
disapprove of the act of their represen-
tative. But, in the instance referred to,
I there is is a kind of effervescence which
| is too often exhibited in the affairs of
Mexico. They get up a revolution, and
they act as if they had attained all that
was necessary for their welfare.
They get up a charivari, and then it
all evaporates and is gone.
QZr We would call particular atten-
tion to f|ie advertisement of J. R. Pal-
mer's "Literary Depot." He has just
opened an excellent assortment and ma-j ^KLL Doke for San Antonio
ny articles of superior quality. j We have just received the first number
An establishment of this kind has been of the "Western Texian,'' a paper prin-
I
much needed, and we hope it will be ;ted in Antonio. The sheet is of
well supported! We advise our friends i fair size, the pe good, and the printing
a volume to while away a leisure hour, editor with joy in his march westward, renees. This man, James Penn, was
A literary people like onrselves, we the and tender him our best wishes for the j summoned by the Sherriff or.Constable,
..,. „;i , , with several others, to take possession
success oi h,s caper. Who can say bat of ^ MerchMtj ^ lying at
citizens of Brownsville, must sustain and
thereby increase the literary doings here-
abouts.
0tT The Mexican Congress has
closed its session without any definite
action upon the tariff. But the Presi-
dent has called an extraordinary session,
which was to have convened 011 the 10th
inst.
this paper is the forerunner of the remo-
val of the seat of government to that
place \ San Antonio, we have always
Brazos Island, and her safely keep so as
to have her forthcoming to answer any
judgment that might be rendered against
I,card, is the garden spot of Texas.- '» * «"*? P"f»« J»r
,Ir , , , . _ _i.La.ii i the pilot fees which had been duly de-
manded and refused.
One of the last acts of the Congress
1 . „ . .. , thy portion of the State
now closed, was to approve of an article J r
We have heard, moreover, that the coun-
try is rapidly settling up, and every
thing indicates a rapid advancement of j lease
that region of Texas, considered
many to be the most beautiful and heal-
From all ac-
When the Cap
tain applied to Major Eastland to re-
his vessel, he immediately,
, i upon this application, repaired to
^ to the vessel with a party of his employ-
ees, and finding those on board who had
been left in charge of her, com-
in the tariff, then under consideration,
counts, the leading characteristics of menced beating them, with an iron cane.
Penn, after being severely beaten, was
Take the
whole of this transaction together, and it
is the most glaring, outrageous conduct
that was over known to be committed by
a military officer since the foundation of
our government—the most palpable vio-
lation of every tiling like law and justice
—and an invasion of the political rights
of a citizen—and for tliis shall he go "un-
whipt" of justice < He ought not—he
should not. There is a tribunal, the
tribunal of public opinion, at whose bar
he will yet be arraigned, and the just
scorn and indignation of a free people
will be the sentence pronounced.
The people of the United States have
ever been praticularly watchful and vig-
ilant in guarding against the encroach-
ments of the military upon the civil pow-
er.
The Constitution of the United States
has drawn a separate and distinct line,
and that line should be kept plain and
distinct. There is now, we fear, a ne-
cessity for increased vigilance on the part
ofthe people, since the military, from the
late war, have got a taste of trespassing
upon the civil power, which may ripen
into a morbid appetite for still further
encroachments; though we owe it to
the army to say, we know of no such con-
duct either on the part of the regular
or volunteer army, during the war, so
(Artrageous and indefensible as that of
Maj. Eastland. If such flagrant conduct
which was the removal of the prohihi. the Plaec °ur broth,!r h"s aelectcd »re 1 put in irons, by order of Major East- —, -
tion from many articles. good land, a beautiful stream winding land, and sent to Vera Cruz, an infected as this is to go unnoticed and disregard-
The tariff was debated with great: through the town, springs of cool lim- j port,then pregnant with disease & death,
warmth, each article separately, as we : H water bursting from the banks, toward
have remarked, without any final ac tion, last, but not least, a great
number of i
Great excitement existed at Qneretaro,
Puebla, and other manufacturing towns.
We some tune since made a confident
assertion that the tariff would be re-
duced to, say 20or 30 per cent. We did
this from advices received by commer- t
cial houses at Matamoras, from the rep- I Look out brother, and don t forget to
resentatives of these houses then at I wear your breast-plate. The people of
Mexico. It appears that we have all that town once had to dread arrows of a
been mistaken, and that ♦here is a prob- different character; but now, those they
ability that Mexico will continue, for ! have to guard against bring on a more
some time to come, blind to her true in- j slow but lingering death. We say,
threats again, beware! "keep straight shead."
any way
the latter part of July, or first of
"pretty gals." W e caution our brother August, 1847, a season of the year when
to beware of the brilliant flashes of the ! vomito and yellow fever are known to be
dark-eved ones. Tis said that they can i th« m°st malignant character. Un
** I not* fnn Ammnn 1 .our • napenr
string Cupid's bow as quick as thought,
and wing fhe shaft with unerring aim.
der the "Common Law," a person having
the right to impose moderate correction
upon his apprentice, if he exceed that
moderate correction anil beat him so
that he die, it is murder.
Where a son carried his sick father,
against his will, in a cold and inclem-
ent season, from one town to another,
ed, and the civil authority is to be vio-
lated and trampled upon in this man-
ner, then away with ull the boast of the
freedom of the American Government
The glory of her institutions—the trial
by jury, the great boast of the English
Censtitution, which she calls the bul-
wark of the liberties of her people—
away v.ith it—it is but a sound.
Major Eastland is now gone. We
hope for the future to pass him by. We
felt it a duty incumbent upon us, as the
conductor of a paper, to set forth, at
least, the facta of this case. We
stand, as every conductor of a public
in consequence of which he died, he was journal stands, a sentinel on post, ready
adjudged guiltv of murder. So if a per- to ring the alarm at the approach of
one of them, in my humble opinion, owes it to
his brother officers, to have all serious charges,
prejudicial to hia character as as an officer and
a gentleman, fully investigated in a proper and
legal manner, that if innocent his companions
in service may be exonerated from all associa-
tion with an unworthy person, and if guilty,
that they may be freed from the pollution of his
presence.
The character of Major Thomas B. Eastland,
as given by a great majority of those who
lave come in contact with him, is such an one
as no officer should suffer the imputation of de-
serving. Why does not Major Eastland de-
mand a court ef inquiry ? Does he fear the
result ? or does he look with dignified con-
tempt on the numberless charges of dishonest
dealing and ungentlemanly conduct which f re
made against him so unreservedly by respecta-
ble and responsible members of society ? If
the former, he is prudent ; if the latter, when
we consider the high standing of those who
make the charges, he is still prudent.
Is it necessary that positive proof ot dishones-
ty be given, before he can be called upon to
explain his real position ?—or is it not sufficient
that he is charged with peculation, with abuse
of authority, with petty tyranny, with degra-
ding his office, with palpable falsehood, and
with unwarrantable interference with the rights
of good or better citizens? But enough of
general charges
1 asserted that the generally received opin-
ion of M»jor Eastland's ctuiacler is, to use
tne mildest term, a dishonest man. If this be
not true, (and for the sake of those who ap-
p inted him, and those who associated with
iiim, 1 hope it be not true) let Major Eastland
explain—or if too prudent, <»e made to explain.
Wjiv. wltejuaajifti/LT/ uf rnnjt. uudoubl«»4.|AJte
in connection with others, to examine the
steamboat Oreline and estimate her value—and
when said <>ffic< r had declared tliut in his opin-
on she was unsuitable for government put po-
ses and in no consideration worth more than
fifteen hundred dollars, that immediately after-
wards Major biastland called a new board of
appraisers, leaving off this officer and choosing
men in his own employment—that when this
picked board had valued the boat at $6000, he
pur< hased her for that sum of a person in Govs
eminent employ as acting Quartermaster sutler,
and why bt lore the arrival of the vessel and
previous to purchase, was such great anxiety
as to her safety exhibited by Major Eastland—
anxiety so openly manifested, united with oth-
er circumstances as to originate a belief that he
was personally interested in her—this belief
being strenglheged by the lact that she was
purchased in New Orleans by or through the
friends of Major Eastland for about $1200.
Why a clerk in the Quartermaster's office
purchased at auction the condemned schooner
Equity, to use as a private store house, which'
if allowed would have added to the many acts
of unjust partiality to his own employees, since
private vessels cannot usurp the harbor room
required lor public vessels—so says the Quar-
termaster. V hy, aftei a severe gale occurred
and much impaired the value of said vessel, ren-
dering her unfit for a store house or any other
private purpose, Mojor Eastland purchased her,
allowing to his clerk a large profit for the said
schooner Equity ; and after the purchase per-
mitted her to remain until worm-eaten, then had
her hauled out and rebuilt at an immense ex-
pense—this purchase being made at a time
when many government vessels were unem •
ployed, or at least more were not required, and
no purchases made save from persons connect
led with him ?
Why the same clerk was appointed Quarter-
master's sutler, and started in business, with
his late chief as an equal partner—only that
the late chiefs son, a minor, was placed nomi-
nally in the concern, in order, perhaps, that
scrip.'ure might not be outrsged, but in the
event of an exposure the sins of the father
might be visited upon the child ?
w hy a government steamer, officered by
government officers, supplied with government
coal, her hands paid with government money,
was hired b) Major Eastland to her captain,
and permitted to run out to the schooncr •£. B.
Cooley, which was wrecked, save part of her
cargo and tow in her hull. Ninety per cent,
was awarded as salvage by a board of nine
Quartermaster's employees, the hull becoming
the properly of the Quartermastet's eutling es-
tablishment 1 Can it be that government offi-
cers will turn wreckers—that for a lew paltry
dollars, relief will be extended, which, if
extended at all, according to govern-
ernmenl usage, should be done gratuituously,
and through charity. Was it from the same
principles and feelinga as these hat the gallant
ommanding officer of a neighboring post—an
officer whose brave deeds at Palo Alto, Resaca
and Monterey, have won for him a well de-
served brevet and tbe thanks of our National
Assembly, placed tu« man, bis boats, and his
store houses at the service of a distressed ves-
sel, and nobly refused even the grateful ac-
knowledgments ofhar owner ?
Why private vessels can be towed in and out
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American Flag, Cameron County and Matamoros Advertiser. (Brownsville, Tex.), Vol. 3, No. 235, Ed. 1 Wednesday, November 22, 1848, newspaper, November 22, 1848; Brownsville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth478209/m1/2/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.