The Southern Intelligencer. (Austin City, Tex.), Vol. 3, No. 20, Ed. 1 Wednesday, January 5, 1859 Page: 1 of 4
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SOUTHERN
BAKER, LAMBÜRT & PERRY,
71
J
" Homing atenúate, nor set boto aujjjt in malice."
PBOPRIETORS.
VOL. 3.
the intelligencer,
IS PUBLISHED EVERY WEDNESDAY.
Office on Iliekory St., Corner below DufFuu's
'IN SWKNSON'8 NKW Btllt.niNG.)
t is It .)■ n i
hv0 dollars and fifty cents pkii year,
payable in advance.
Mi Subxtriplion will be received without
$2 51 accompanying it.
i'KllMSi—tUugloL'apjr, per year t u 80
To C'tum—Flvu taut iu mm mlilrcaa 10 00
Tun «out to mie ftddrf1** 18 50
Fifteen (slit tu une udtli eu £5 00
Twenty to ono ndilieu 110 Ol)
. BiTES OI' AOVKRTIBINCl I
hue Square, lor one insertion $ 1 CO
Oue Pqillirc, for every «uhacqueiit 50
Une Hqunre, lilt month*, 7 00
Oue fqiiure, one yeur 10 0(1
A liberal discount will bo lUHdu Irani the ubove rule ,
ftirndtírtUment of more tbun one «qtinre.
A tqiwro¡«tan line* nonpareil,(.tinssize t|>ye.) Fifteen
Knn m llrevier type
AMVtH'MÜJI KNVMi
Her County Ollieeri, $ 5 00
Far StiUfl Ultlccr* 10 00
BO«IK AINUJOII I'lllATINC:
Win iiiainnal bclity entirely new, wu are prepared to
i:,■ evci> verit ty w I
II.,«I. .lob,t'nril,nuil Oruniiiculul l'ri nliiiu
a reiiauniible rule*, and iu h style uuaurpuaaud liy nny
• lice in tbe South.
All business cuiinuhicntiona addresat'd to
IUKEH, l .t JlIII: IfI A. rCKIIY.
THE
Fur Iaa lulelUgcneor.
DE.ID VEA If.
The *oleinii ch ute in lienrd nt Inst
'l'ti tremble mi the midnight «ir.
And Death now holds the spirit Itist,
'Hint -hrieklng lelt til-, dying Year.
The pul e tliut moment- lient is still,
And cold the heart that tirubbed the hour*,
O'er nil his I ml>* hit* passed n chill.
Like i lint which smote nutuiniil flower#.
Of burled Ye«r*fre*li ope the grave.
Ope w do d> nd Tun '■> dnrk a pulclier;
Another worn out child d th c ave
A resting place with Year1 t'uit were,
lioolii lor the Pilgrim - «I. e him room
U i i h kindred dust to In v his head,
Yet 'ere wu hide him in the tomb,
Let'.1- muse «whilo upo .¡the Dead.
I.o! there he li s-tiie dead, (lend Year,
itin (IIIVh nil told, li s days all (lone,
And not a joy.h ' knew while here,
Survives bis hut day's so tint; >un.
Hut lib. bis guilt still i lings to cnitb
To tell of him. and how he sped,
And vacntit pin' en l.y the hearth.
And eye* that wept and lieai ta that bled.
Aim, that ho but leaves bch'nd
.Memorials snd und dnrk and stern ;
Alus, tbni we clin no where find
Cue relic bright to d ck h s urn.
Fur all Are d ail of joyous bloom
That o'er his life u rad nuco threw,
And iitiuubt is left to shade the tomb.
Save the dark cypres- und the yew.
Oh dead one. ¡I thou enn'st declare
Why nil thy pleasant things do die,
While still survive thy grief mid cine,
And nil thy guilt mid agony.
Or want* thy gruve the amplitude.
For all ihy'woe as well thy weal?
Or know'«t thou how to earth the good,
Andleav. the world thine heir to ill?
Methink* I bear the sheeted dead.
1 be d' ad Yeur -peak from out hi* sliioud :
"Mortal! no light have I to shed
On what Ood wrap* in thickest cloud.
Yet all thou It know in His own time,
'I'hose tli.in 1 more highly born,
Fo.- thou wilt lee the year sublime
Tlmt knows llie rcsurreclimi inora!
Enough, the destined hour I'll Mile,
That to the universe will show
Why a 1 enrth'i joys so qu ckly d'ed.
And still lived on. itssi'.i a d woo.
Jiow 'du*t to dust,' nod this brief prayer,
He wliisii' red o'er the awful dead,
'(¿od of all grace, let mortal* care
llowthrou.h ihe new born year they tread."
Anitin, Jan. 1st, ttíólt. 11.
AUSTIN CITY, WEDNESDAY, JANUARY 5, 1859.
childrens' clothing with me, ant' immedi-
ately found tin opportunity of ««ending
litem to the Comanche lieserve Indians
I ho clothes were there recognised und
claimed aa belonging to Col. Leepers'
negro woman, Tlitise are all the proofs
we could find as to what Indians coin
■flitted the outrage.
Sergeant Stockton being well sup
plied with provisions, and good Indian
guides, or trailers, immediately pursued
tlicin. They followed the trail three
days, and then returned without accom-
plishing anything. The trail went down
into Pnlo Pinto county. The Indians
that attacked my camp numbered si*.
A young man came down from the
upper reserve some few days before
this muider was committed, and report-
ed that a small -band of wild Indians
were at the reserve, with some lifteen
head of American mules, and that (Jul.
Leeper had killed a beef ami gnvethem.
lie also stated that Col. Leepet
su¡d in his presence, that lie had no
doubt but that the "Indians had stolen
the mules, and would steal more if they
got a chance." This is a pretty state
ni things—government feeding the same
wild Indians it sends out troops to fight.
Nearly every one on Clear Fork says
they believe that the Comanche Reserve
is a curse to the frontier. The wild
Comanehcs have free intercourse with
ilmse on the reserve, and when they go
to start home they drive away some of
the settlers stock with tlieni; and it is
generally be ieved I hut the reserve In-
dians assist them until thcyget out of
reach
There was it circunistunce happened
at the reserve, during the latter part of
last sumiller, that will go to show that
llie reserve Couianrhes and the wild
ones are friendly. Two chiefs of some
of the wild Comanche triues came totlie
reserve, they were reported to the agent,
who ordered out the soldiers to tuke
them. When the soldiers wont to the
camp the wild ones were in to take
tlieui, every Indian on the reserve,
except a few, strung their bows, und de-
clared they should not be taken. The
head chief at the reserve advised the
agent to let them alone, and he did so;
and the wild ones .-tuid there and went
away when they pleased.
It Is the wi>li of nearly every settler
on the frontier, that tlie reserve lie
moved to some place where the Indians
cannot have intercourse with the wild
ones.
no. m
***
Lellers from " Our John."
RrsK, Texas, Doc. 15, 1858.
Bklknap, Dec. 22d, 1858.
Eniron Southern Istkluuenoer :
Den r Sir—On the St li inst. I went on
Hubbard's Crook, some 15 miles above
its mouth, for the purpose •!' unking
tía; necessary improvements for a stock
ranch. 1 had in my' employ a Mr.
Wooley, und anegio man belonging to
Col. L. 13. Powell, of Missouri. As Mr
Wooley and myself—on the evening of
tlife 11 tli inst—were returning from tin
wiods, with a load of house-logs, ami
within a half mile of our camp, we dis-
covered u number of horsemen at it
from tljoir movements we saw they
wore Indiana. They proceeded to drive
Vp Mr. Wooley's horse—which was hob
bled but a short distance from the cam)
—saddled and packed him with my
tilines. A flor they had done this they
made movements to surround us ; we
being uloot, and scantly armed, having
lb ft half of them at camp with the no
gru man, concluded to make our way
into the settlements. Wo arrived at
Capt. Baylor's about dusk, the distance
being about ten miles. From Capt. Buy-
Joy's, the news soon spread through the
•settlement, and early the next morning,
(12th) a number of the citizens accom-
panied with about twenty of Copt. Mar-
{ill's company of rangers, under Ser-
(jeunt Stockton, arrived at Capt. Bay-
ur's, and I rom there proceeded to my
camp. Upon the ground wo found the
negro mar. lying dead, a large ball hav-
ing passed through his head, entering
above his right eye, and coming out be-
hind his left ear. From all appear
onevs, the Indians hod crept up along
tTie creek bank, und shot him while he
wu busily cooking, lie not knowing of
their presence.
They took from my camp two pair of
blankets, all toy provisions, bedding,
ammunition, a fine revolver, a splendid
riflo, all of my clothing, and a number
of other minor things. In their hurry
they dropped some childrens' clothing,
a hickory shirt, and a flannel under-
Íirt. The hickory shirt was new, and
idontly had not been worn much ; it
is just like those that are issued to the
Comanche Reserve Indians. The flan-
wl .shirt i also the same as aro worn
by tho rejptilar soldier . 1 brought th*
MkssrS, BAKKR & Lambert :
Gi'iUs — Si nee my last I have seen or
heard of notliiug calculated in the least
to start an Egyptian Mummy from his long
resting place, or in anywise disturbing
the peaceful slumbers of the quiet dead
In fact, I may say thin country is a-i de
void of interesting news, as the high-
lands of Scotland are supposed—bj the
neighbors of the Emerald Isle—to be of
the grace of (¡od
The difficulties heretofore existing be-
tween the oi l uirl new companies of the
Southern Pacific Railroad, are, us yon
know, tosome e\*teiit at least, amicably
adjusted. Some of tint parties con
netted with the road are getting into a
very dirty little muss, through die news
papers however. Now I think, and
would suggest to the gentlemen that
less "gus," and a little inoro unanimity
of feeling, might prove beneficial to the
road, and to all parties interested ; but
thus the world wags on. Men have
ever d i Acred in their notions of proprie
ty, as well as in their manner of con
ducting an enterprise, and I presume
they ever wil'.
The city of Marshall is a place of no
inconsiderable importance. It is situa
ted upon a lovely eminence, in a rich
and fertile region of country, nud is des-
tined to become, or rather it now is the
Athens of the East. Here they have a
male and female school that are not
surpassed by any iu the S;ate. The
town also boasts of one of the finest
hotels in the interior of any country.—
Without entering into au elabórate dos
cription of the House—as that has been
done elsewhere—I will simply state
that, possessing certain prerequisites not
to ho found in any other hotel in this
State, the Adkins House is the very St.
Charles of Texas,
On my route from Marshall to this
plate I noticed but little change in the
country since my last visit here. On
last night I had the pleasure of ugaii
meeting with my old friend Col. W. T
Yooninns, of the Enquirer. The Colono
is looking very well at present, and I
wish him a long life and an easy descent
down the stops of Time. In connection
with Mr. Jackson, he is also publishing
a very excellent Masonic monthly I
Onutmciid the -Texas Free Mauon to the
earnest support of the brethren through-
out the entire State. The members of
that time-honored order are certainly
sufficiently numerous in this State, to
support u journal devoted to the inter
sts of Masonry. And being acquainted
with the gentlemen who have charge ol
the enterprise, I am prepared to say the
work could not have been placod in bet-
ter hands. It is well worth three times
the subscription price, which is only $3;
and no Mason should be without it. -
Persons wishing to subscribe can do so
by enclosing the $2 to Messrs. Yen-
maus k Jackson, at this place ; imme-
diately upon the receipt of which, their
names will be entered upon the books
of the olfico, and the paper regularly
scut them. But enough; the pup«r
speaks for itself, and needs no recom-
mendation from any one.
Throughout the East generally, I
find tho cotton crop has not been a
heavy one j but a considerable amount
has been made in many localities. Corn
in many places, is worth one dollar per
bushel ; and I liavo found it nowhere for
less than six bits. There ¡3 a sufficien-
cy in the country for till tho emigration
that may come. I have met a great
number of gentlemen this winter, "out
looking at tho country," with a view of
emigrating next year. We advise them
nil to go West, of course. But I am
already coming in close proximity to an
artesian well discourse, so I shall con-
clude. At Anderson you shall hear from
mo again. 'Till then, adios.
OUR JOHN.
IIontsvilie, Texas, Dec. 24, 1858.
Mkssrs. Baksr k, Lambert :
Gr.nls—In my last-, at Rusk, I prom-
ised to write you again from Anderson,
but from the present statu of the wont ti-
er, and condition of the roads, I have
despaired of ever getting there. 1
might exhaust the entire vocabulary of
the English language, and then you
could form no adequate conception of
the present state of the roads. It rains
almost incessantly bore, and the conn
try, streets, and every other placo is
muddy, moro muddy, most miuldy ; in
truth they aro almost impassable. Im-
agine a place ns deep in mud as the
ltio Grande is erooked ; as perfectly
impassable as the Falls of Niagara, and
then you have but a fuint idea of the
condition in which I find.this country
But there is no use of talking, it is
more mud, Mike, all the time." The
gaping crowd*' around our Eastern
towns have been regaled to their hearts
content, of late, by circus performances;
ind the truth is, these companies are so
numerous of late, as to become a curse
to the country. But speaking of amuse
meats, "storm parties" have been all the
rugo" thoughout almost the entire East,
ir the last few weeks. And, by-tlie-
way, I heard rather an amusing irici-
lent in connection with this subject—in
in igliboriug town, not more than a
thousand miles remote from this place—
few days since. A parly of gallant
young men—eaeh accompanied by a
fair friend—were repairing to a private
residence, for the purpose of storming
them, when they were met by the way,
and informed that it might not bo pru
dent for them to enter there, inasmuch
us a storm party on a >mall scale was
already in operation at that house.—
Acting on the above suggestion, the gay
Lotharios retired in hot haste, and re-
pairing to more quiet quarters, they
" Tripped it lightly on tho f/iiititst® toe,
'Till uarly morn hail uhust'd awuy tho Üying cloud "
Now being uninitiated, I do not know
the result of that "miliar institution'' at
tho first house ; but on passing that
way the next morning I heard a faint
noise as if something that had recently
made its advent into this " mundane
sphere,"'was making itself heard, if not
understood. But I do not mean to say
I heard a "ha, ba, boh" b\bi crying; no,
no, not at all. Now I "wot" ol a cer-
tain "very modest young man," who,
having once been caught iu tho same
woolul predicament," can, I opine, fuel
the delicacy of the position the young
friends occupied oil the occasion in ques
tion. But then ht knotts.
This morning I visited the peniten-
tiary at this place. Through tho kind
noss of Col. Murray, the gentlemanly
and efficient superintendunt, 1 was shown
through the entire premises. They have
one hundred and forty-seven convicts
hero ; they are generally very healthy,
and the prison is getting along'very
well under the circumstances. Col. M
informs me that the authoritives here
i.ave taken the responsibility of order-
ing sixty more looms for tlie factory,
Condensed Decision* of the Supreme Court.
Aiuti'i, Octob'r Term, 1858.
OSWALD i
GRENET.)
Opinion by Wheeler, CIi. J.
This case is reported 15th Tex. 118
A dedication to be effectual need not
be by deed, nor evidenced by continu-
ous use by the public; it is enough that
there lias been some clear unequivocal
act by the proprietor, or founder of the
town, evidencing an intention to set it
apart for public use, upon which others
interested have acted. Or in the ab-
sence of proof of positive dedication, the
common use for an unlimited time, five,
six, os seven years, according to the
circumstances of each case, will raise
the presumption of dedication. (Tins
tees &c., vs Mer i wether, II East 815,
Kex vs Hudson, 2 Strange 909 ; Hex
vs Wright, 8 B & A 681, <fcc.)
A dedication has been defined to be
the act of devoting or giving property
for some proper object, uud in such a
manner as to conclude tho owner
(Hunter vs Trustees &c,C Hill 407, 411.)
This may bo done by Ihe streets mark-
ed upon a map. If the owner of land
lays out a town with various squares,
streets, alleys, quays, Ac., and sells the
lots with clear reference to that plan,
tho purchasers of the lots acquire an
appurtenant to their lots, any casement,
privilege nnd'cnrtilngo which the plan
represents as belonging to them, us a
part of tho town, or to their owners us
citizens of the town.
This right extends not only to the
i ni rchasers, but to all other persons.—
In other words, tho salts or conveyance
el lots iu the town, and according to its
pluii, imply a grant or covenant to the
purchasers, that the streets and other
public places Indicated as such upon
tho plan, shall lie forever open to the
use of tho puLlic, free from all claim or
interference of tho proprietor inconsist-
ent with such use.
(The Chief Justice quotes Dovastou
vs Payne, American note) Smith's lead-
ing cases, p. 208 But the same princi-
ple is morn appropriately elaborated in
the case of Rowan vs Portland, 8 B.
Monroe 232, and other cases also cited )
The case of the city of Cincinnati vs
White. 0 Peters 531, 439; New Orleans
vs the United Slates, 10 Peters, CG2 ;
lG Pennsylvania State ltoports, and
14th Barbour, N. Y., also cited and ap-
proved. These and various other tiu
thorities were cited, to show that when
once the property h is been dedicated
to public use, tho owner cannot resume
the possession.
In the present case tho triangular
space of ground was at the crossing ol
three streets iu Giddings' addition to
¡San Antonio, proved to have been in
tended for a public well to be dug by
tho surrounding proprietors. It was
held that the fail uro of tho purchasers
of lots to dig tho well, gave no right to
Giddings, the founder of tho town, to
resume tho possession. Although the
well was not dug, no obstruction to the
view of adjoining proprietors could be
reared.
The opinión is a very interesting one,
and/ur more satisfactory than tho one
iu Lewis vs the city cf San Antonio,
15th Texas It concludes by conceding
that when this case was before the
comt. (15ili Texas,) too much stress
was laid upon tho fact, that tho deeds
lor neighboring lots did not call for this
I open triangular space. Hail tho same
labor been then given to the case, il
would doubtless have been held that the
shape of the ground, its peculiar locali-
ty and failure to number it on the mnp
as a lot, were per se evidence of a dedi-
cation to public use.
Judgment affirmed.
MCKELLER et al,
vs
s TOMPKIN.
Opinion by Roberta, J.
Where tho defendant pleaded in abate-
ment., but no one appeared for him at
the tri il, it was not error to render
judgment by default. (Hopkins vs Don-
alioo, 4 Tex. 33(i.)
Tho judgment being excessive was
reformed.
having already a sufficient number ol
convicts to tend tlioin. It was certainly
right, and I presumo the next Legisla-
tu e will have no hesitation in making
the necessary appropriation to meet
this purchase, inasmuch as it was very
essential to the prison, in order that all
tho convici.s might be employed. The
obliging supcrintendant furnished me
the following statement of merchandize
made al the penitentiary, for the week
ending December 18th : "lotal number
of yards of woolen and cotton goods,
10,441. Value at wholesale price,
085 81." When it is recollected that
this is the product of one month's labor,
when the days are the shortest in the
y ur, all must see, at a glance, that the
present superintendaiit exacts as great
an uinount of labor from tho convicts, at
any gentleman possibly could do. 1
was shown a lot of wagons, manufac
tured hero, that cannot bo surpassed
any where. And, in fact, every article
of manufacture 1 have seen, is of a very
superior quality. Tho amount of labor
s annually a. out one hundred thou
THE PIOUS EDITOR'S CREED.
The " Pious Editor's Creed " is not
tho less apropos, for being fouud In the
•' B'gelow papers." Satire may be ap-
preciated, even though the wilt«r do««
skin just a little :
I DC believe In Freedom'* can*,
liz fur away cz Pnrls Is j
I luc lu aee bur stiek h-r cinwi
In thuui tnfiinml I'ltnrnccst
tiN whi e iouifh Pfi'n ti klnjf
To dror rmilves «a' iri|««rs,—
But Utility's a kind o' thing
Thot dou'l libree uilb uiggtm.
1 du bvllave ti* j>«cpli- wiuit
A lax on lía.' nil' coffjcs,
Tie l nothlii' uiut oxti'iivyguiit,—
Purvldln' I'm in ofltec ;
Per I lii'V lined my country acuso
My eye-teeth II I. d ilieir nockut",
Au' Unelo Bon I reverence,
l'm tlc'liuly hi* pocket*.
I Ju believe in nit], plan
O' lovfiu* tbu taxes
Ei long 'ea, like n lumb riBau,
1 gitjeft iv ut 1 it xn i
I itu tVec-trnd" thru thick nn. th'n'
lieciiuio il kind o' rouse*
The folk* to vote,—an' keej t as lu
Oar qu'et custom uiíumv.
I du believe ti's wise aa'jood
To foil' out furrin iu'hsíouh,
Tlict ii, on Kiil'thi uniesrftooil
An' orthydox cniulitli tu ¡ —
1 uienn nine thousand dollp-r nnu ,
Nino tliou-nn' more teroutilt,
Aa' mo to recomiti' tul n man
The place 'ould jost about lit.
I da believe lit pp «'ni ivaya
O' prayln'na' convirtió';
The breiid comes I melt in many day*,
£ii' buttered, til, fer nirllu i—
I meiui in prcyin' till on1.' baits
On wilt the party elioone",
Au' iu convai nil' public trust*
To very privti use*.
I Ai believe hard eotn ihe staff
for 'lociioueer* to spout ou
Tlie people'* oilers toll enough
To make bard money out oil;
Dour Uncle s.iiu pervideiler his,
Au' gives a good ted junk Iy all,—-
I don't care hom Intrd money W,
Kz long e£ uilne's paid pune'oolü
I da believe with nil my soul
in the t/ret ¿'rill'sfrtedom,
lb pint the people to thego'il
'An in the ti*kt*es lead till ;
Pultial tin arm Ihet Jurga yoke
At my /¡it contradi ¡quint in,
'An withered be the nomthet po'tu,
Inter the gov'tnetit printxm /
I du bolle e thot I kIioiiIi U'vo
Wilt * his n unto Cw ®r,
Fur It's by ban I iuovo an' live,
Fruni him my bn ad an' choose air i
I du bel eve that nil uie
Doth bear bis souper-.criptlon,—
Will, consciente, honor, bom *tv,
Au' things o' thct description.
PaJ
smut dollars, uud when the sixty extra
looms ordered, are received and put in
operation—for which they already have
ample room—it will amount to at least
two hundred und twenty five thousand
But I have already written more than
I had intended at first, so I shall close.
I atn, yours as ever,
. OUIt JOHN.
There is said to lie u tellow in this
city who is habitually bo sleepy that
his curiosity can not be awakened.—
Such is not tho case with his wife, how-
ever.
Our jour, printer usked ¡mother what
he thought of tho world ?—which was
answered by the other iu the •tuteiuent
that "the world i* a stago, and the
printer* am tbe hortos.*
that fell around his face, almost con-
c'oling his features. Ho was standing
iu one oí those picturesque and grace-
ful attitudes! peculiar to those natural
men-dwellers in the forest. Tho body
rested ou the left leg, and swayed with
a curved line upwards ; the right arm
was extended, the hand grasping tho
rifle near the muíale, tho butt ol which
rested near tho too
to tho bark snd wood of tbe tree, *t •
'itt'o below the surface of the ground,
packing tha saw dust excrement closely '
behind him; and ultimately destroying
tho tree, if a young one, and even when
large and well grown.
Thcso borers are uothiug now. ThtV
have been the post of the orchards, bota
iu Europe and America, ever sinco ex*
rested now- the too of his right foot,: tensive orchords have bo'enplanted. Bat
?.rTi.\i. i * 0 nu?#ailie I do not think that our enemy is the sano
as that which troubles tree growers far-
rim of his hut from his eyes, and seem-
levo lu prayer mi* prslsi
To hitn tliet In i the xriuitlu'
O'Jobs,—in every thin'tlint pays,
Hut most of nil iu Cantin'i
Tlii" does my cup willi msrdies fill,
Thirdays nil thought ' s'n to r it,—
I don't believe iu principle,
lint, O, I Ju in luterett.
I du believe in belli' this
Or tiltil, ez It stay happen
One way or t'otln-r liendieit Is
To ketobtho pooplo napplu';
It it'nt by princurpfe* nor men
My prcuih'ul course inslodlcd,—
1 scent which pay* the be.il, nn' thcu
(i j into i i baldhended.
I Ha believe t!i"t holdla' slaves
Comesnal'rnl loa President,
Let 'lone tbo rowdedow it mves
To hev ii wnl-broke precedent i
J-'erany offlc\ sm all or gr-1,
I couldn't ax Willi no iiico,
Without I'd been, thru dry nnd vret.
Tli' unriz/.eit kind o' doughlnce.
I du believe walever Irnsh
'II keep the people in Uindnei>«,—
Thot <ve tho Mexicans can thrash
Rlirht Inter brotherly kindnss",
Tbetjbouibsbells. grape,an' pmvdi r'n'bnll
Air good-will'* strongest m iftnels,
Thi t pence, to n^ako it stick al nil,
Mio-l be dritvin willi biigiivt*.
In short. I dimly du b'-lievo
In Humbug genetnlly,
Fer it' a thing th't t pcrcHvo
To hev a sofld vnlly ;
This belli my fiiithrul shepherd been,
In pastnrs swei t lietli led me,
An' lili* 'II k"cp the people green
To lend ez i hey Ik z fed me.
^ J nil'* BCCIir
od gnaing from beneath, intensely upon
our advancing columns. The cannon
of Coffee liuu opened upon us, uud
through our ranks with dreadfulslaugli
tor; but we continued to advance, un-
wavering snd cool, us If nothing threat
ened our progress.
The roar of caution socmod to lmve
no effect upon tho figuro stauding on
tho cotton bales, but ho seemed fixed
uud motionless as a stntuo. At last he
moved, threw buck tho hut brim over
the crown with his left hand, rtiisod the
riflo to his shoulder, and took aim at
oiir group. "Our eyes wsro riveted on
liiui. At whoin had ho leveled his
pice# ? But the distance was so great
that we looked at each other and smil-
ed. We saw the litle flash, and my
right hand companion, us noblo a look-
ing fellow nsevcr rode at tho head of a
regiment, fell frjni his saddle. The
hunter pausad for n few moments, with-
out moving his gun from his shoulder,
then reloaded and resumed his former
attitude. Throwing tho liat rim over his
eyes, and ugnin holding it tip with left
bund, he fixed his piercing giue upon us,
ss if limiting out another victim. Once
moro the hut rim was thrown baek, and
tho ((iin was raised to the shoulder.
This time we did not smile, but cast
short gliincts at each othsr, to see
which of us must die; und when the
rifle again flashed, «wither of us fell to
the earth. There whs something iiwful
in thus marching on to ccitiin dentil.
Gen Cutfeo's battery and thousands
of musket, : /'Is played upen out' ranks ;
we cured not lot them—there was a
chanco of escaping unscathed. Moai
of' us had walked upon batteries a bun
died times more destructivo without
quailing; but to know that every time
Hint rifle was leveled towards us, and
its bullet sprang from tho barrel, one
of lis must as surely fall I To see the
gleaming sun flash us tho deudly Iron
cuuni down, and ko.i it rest motion ets,
us if it poised upon a rock, und know,
when the hammer struck and the sparks
flaw to tho full pruned pan, that the
message of death drove unerringly to
its goal—to know this, und still march
on was awful,
1 could see nothing but the tul 1 fig
tho breastwork. lie
phantom like, taller
TUB TALLHUNTER,
An Inciúer.t n tt.fc Ealtle cf New O.-Iojlm
WILLIS
vs
GORDON.
Opinion by Uodkius, J.
The plaintiff in error enjoined the
judgment of a justice of the peace, on
the ground that lie had not been served
with process. The plaintiff in the jus
tice's judgment pleaded the notes sued
mi before the justice iu reconvention.—
The District Court perpetually enjoined
the judgment of tho justice, and gave
judgment upon tho notes. There was
no error in this upon the general princi-
ple, thai where a court of equity ob-
tains jurisdiction, it will disposo of the
wdiolo cause. In such a case the costs
of tho justice's court were properly tax-
ed to tho defendant, and ol the Districi
Court to the pluiutiff, ho having failed
to pay tho debt before asking lor an in-
junction.
Judgment affirmed with damages.
MARTIN otal,)
vs V
WADE. )
Opinion by Robebts, J.
There having been no final judgment
in the court below, this coort has no<
jurisdiction. (Warren vs Sburoan, 5th
Tex., 441.) Writ of error dismissed.
1, I < .. >"-• •< ' •
A British officer, who was in tho bat
tie of New Orleans, mentions an inci-
dent of thrilling strangeness, and very
descriptive of the western hunter, many
of whom marched tn tho defence of
New Orleans ns volunteers in the army
tinder Gen. Andrew Jackson :
" We marched," said tho officer, in
a solid column of twelve thousand men
indirect line, upon tho American de-
fences. I belonged to tho Htnff; and
as wo advanced, watched through oar
glasses the position and arrangements
id' our enemy with that iuteiiaity uu
officer only feels when marching into
the j.iws of death, with tbo assurance
that while he thus offers himself us a
sacrifice to tho demands of his country,
every action be it successful or other
wise, will be judged with tho most
heartless scrutiny.
It was a strange sight, that long
rango of Cotton balcs--a new material
for breast works ; with tho crowd of
human beings behind, their heads only
visablo above the lino of defuuee. Wo
could distinctly see their long rifles ly-
ing over tbu bales, and tho battery (if
Gen. Coffoo directly in front, with its
great mouth gaping towards us, nnd
thr position of G n. Jackson, with his
stufi around him. But what attruct«d
our attention most, was the figure of a
tall man standing on the breastwork,
dressed in liiisoy-wolsey, with buckskin
and a broad rimmed felthst.
uro standing on
seemed to grow
uud taller, assuming through tliu smoke
the supernatural appeurauco of some
great spirit. Again did he reload «tul
discharge his rifle with the same un-
failing aim: and it was with indiscrib
able 11.'asure that I beheld, us wu near
ed tho Auier can lines, the sulphurous
smoke gather around us, and shut that
spectral hunter from my gaze. We
lost the battle; and to my mind the
Kentucky rifleman contributed more to
our defeat than anything elae; lor while
he rcu.uiiitd to our sight, our attention
wus drawn from our duties, nud when
at last w ■ became enshrouded in the
sinoku the work wus complete; wo wete
in titter confusion and unable in the ex-
tremity to restoro order sufficient to
make any successful attack
So long as thousands and thousands
of rifles remain iu the hands of the peo-
ple, so long us uieii como np from child-
hood able, ere the down is on tho chin,
lo hit the center of u murk, or to strike
the deer al one hundred and fifty yards
iu the most vital part ; so long as there
is a great proportion of the llcpublic
who live as free as the wild Indian,
knowing no law but that of right, and
the honorable observance of friendly in-
tercourse, America is unconquerable ;
and all the armies of the combined
world, though they might drive them
from the sea coast and across tho Al-
leghany mountains, would not be able
to subdue the I'ree-sonlid hunter among
tho mountains and great prairies, and
mighty rivers of tho West
thcr North. The lattor is also tho larva
of a beetle, called Sapcrda bieitiai«,
whilst ours is tlio lurva of one of tbe
snapping beet'es, I presumc-a Buprw
tit, its described by Harris, Fitch, Ac,
i'itch says, "Tho parent insect deposits
its eggs on tho burk, from whioif a
worm hatches, which passes through tb«
bark, ond during tho first period of its
life consumes tho soft sap wood immedi-
ately under the bnrk But when tho
worm approaches maturity and has be**
como more strung und robust, it grows
into tho moro solid heart-wood, forming
uflnttisli nnd nut a cylindrical holesncu
as is formed by most oilier borers—tho
burrow which it excavates being twice
ns broud.ns it is high, the height mea*
tiring the length of au inch or slightly
over " There is much in tho history of
this, ns of till insects, that is exceeding
ly interesting ; but 1 must closo fur the
present, with some liiuts—preventiva of
tho damage effected by the gcntloa^an.
I suspect that tho bcetlo frequents
tho trees for the purposo of depositing
its eggs, in these latitudes, during the
first weeks of, or perhaps all of May.—
it is fouud that n'ft soap, being destruc-
tive to tho lama, repels the parent aa
well. Trunk and limbs should, there-
fore, bo well ousted with this substanoe
towards tlie nud IU of April, to be r«>
newod if washed off by rains. Thsn
during bright sunshlnlng in May, proba-
bly about nifddsy, the parent beetle
may be Bought for and found. It is •
brown a id blackish snapping bestia,
about half an inch long, I presume—for
I have never seen a perfect insect—
Then, by' the month of July or August,
the trees should bo examined ; aca ths
larva, if any, cut out and destroyed.-—
They may readily be discovuretl by tha
saw dust—which liko powdur they foroa
out through an opening in tho barlr. In
all of my trees which I examined, tba
larva were ut work just beueath tba
surface of tho ground.
You say the pear troos you got of mo,
after producing acvorul crops of fiaa
fruit, liavo suffered greatly this soason,
from blight und dry weather. In
Washington county, I had some vory
fino specimens, all I believe from dwarf-
ed trees. They grew in n piece of
strong bluck land, approaching to bog*
wallow, which was deeply broken up
during sum-
Southern Munerien,
Wo clip the following interesting let-
ter from the Victoria Advocate:
W tsuiNCTo.vf Miss , Nov. 20, 1853.
A. il. Pmi.urs--Drab Sib:
I much regret that, when you first
mentioned to me that some of your ap-
ple trees were dying so suddenly, and
to you unaccountably, I did not sug-
gest to yon tho probability of the borer
being tho cause. But the fact is, the
management of this nursery, und tiie
establishment of another in your State,
kept nio so fully occupied, mind and
body, that I did not give it the thought
that I should liavo done. -And evut,
when the Foreman of tho' Central Teta*
Nurseries, Washington county, wrote me
of the young apple-see 'lings dying stid
denly anil iu great numbers, 1 foil very
uneasy, at the thought that there must
bo something iu the soil inimical to the
growth of tho applo and possibly to
that of the poar and quince; aud it was
only when I camo to examine them that
that anxioty was. in a' groat mcasuro
omoved, ou Sliding that tho borer was
tho cause. Ho may lio moro easily
knvUd, than a chango made in tho soil,
had the cause existed there.
I presume tliut by borer we both refsi
to the same insect—a many Joiutod, flat
eeply
before planting, and tended i
mer us often its requisite.
DM you try mulching ? that is, as yon
know, covering the um f ,cu of the groond
around your trees, with sumé rough
nuiteriul, us straw, leaves, chips, moss,
&c., tu keep cool ui d lessen evapora-
tion,
1 feel sanguine, I may any confident
of success iu fruit-growing in Texas.—
But expect to liuve to contend with dif-
ficulties, as the fruit grower has to do
everywhere, North as well as South.—
But with such variety of soil and of lo-
cation, and such a climate, I think sll
these may be overcomo. Could youaee
the soil, or rather entiro want of soil, I
have to strugglo with here—trenching
deeply and every year manuring high-
ly—making foil, iu fuot. and almost
pegging itdoiP'i oil the wasting hills when
made, yon would be surprised at the re-
sults, There was, this season, on my
groulds here, a grodigious crop of ap-
ples and pears. Of tho latter I have
now fruit of several varieties that will
not ripen in tho cellar where they ara
stored, for several months ; some not till
spring. Of tipples, a good many sorts
would have kept until January had they
been properly cared for ; but, during
iny ubse'ico in Texas, they were gath-
ered too green, to save thorn from pil-
ferers; we want winter apples, howover.
Even tlioso sorts brought forward In
Georgia, though winter fruit in the e)o-
voted portions of that State, where they
have sumo time ugo had sharp frosts,
I ripen here much sooner. Still by the
! aid of cool c. liars nnd fruit rooms, I
do not despnir of keeping, os well as
¡growing, winter apples in coutral Tex-
i as.
1 1 brought to tho honso to day several
luscious and largo branches of tho per-
petual, or rather Autumn-bearing Rasp-
berry, tho litlle de Fo,tcnoy, which I
prije ns a great acquisition. Tho bor*
lies aro borne in large buuehea, are rod
and very large and rich. The Raspber-
ry requires a deep and ricli soil, and free
mulching. And so docs tho Strawbcrrv.
And both should, in fact, bo abundantly
Irrigated.
Deep and thorough preparation of tha
ground, oven to trcnching to the depth
ol two feot or more, would imnrt a thrif-
ty growth to fruit trees aud shrubs ot
nil kinds. Then, iu this climato and
during theso long and oxhansting sum-
mers, plants of all kinds require fre-
of the ground a* deep
qucnt stirring or tho ground o* dea
mulching, or both. Tours very truly,
THOMAS AFFLECK.
There tn a lady down East so high-
minded that she disdains t> 6wn tost
sho has common sense. There are a
reat maoy of the samo sort la jVe#
gn
Y'j
wk.
um
l%l I J -WW,, ^ i H|ll|l||M||^M
tifii worm, with a vsry larga bead, and I Agricultural Fair—Ferms^a potter
anterior part of tbo body, who bores In-ldanghters.
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The Southern Intelligencer. (Austin City, Tex.), Vol. 3, No. 20, Ed. 1 Wednesday, January 5, 1859, newspaper, January 5, 1859; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179983/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.