The Eastern Texian (San Augustine, Tex.), Vol. 1, No. 8, Ed. 1 Saturday, May 23, 1857 Page: 1 of 4
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Geo. W. King,
I N D E P E
~T
1.
SAN AUGUSTINE,
*
• THE EASTERN TEXIAN,
h published. every Saturday at the
office, comer of Columbia
and Montezuma stsM
San Augustine, Tesas.
TEPMS OF THE TEXIAN.
Siwsu' Copt—For one year of fifty- two
Bum hers, (in adT^noe,).........If# 50
F<iV« CoPiks, do ............ i" 00
Bcngi.k Copt—If not in atvanee... >.3 On
do After six months'... v.4 00
N« papers will f>e sent out of the G>nnty,
(except to responsible agents,) uuItbs the
money ttoc>m parties the order. -.!
ASTfcJHS, Throughout the
PtkUl, ate requested to aot as Agtnts fur
tfci Td^in. ... t'
ft A. T e 8 of advertising.
Onx Square—Of ten lines or let-a first
^insertion, one dollar; each snbbe^uent
inserti' n, fifty cei ts.
If one square, per anpu*.
[Communicated.
Mr. Editor.—On the morning
ojthe 26th ult., I left here for Tyler,
via Nacogdoches, Mt. Enterprise and
Henderson. My duty, as I conceiv-
ed, required me to reach the former
glace sometime during the day, on
the 27th ult., the day appointed by
tie Hon. Supreme Court for taking
ap the Docket of the 5th Judicial
District, and so you may naturally
$ifer that I complied fully with tl^e
admonition contained . in the. old
t own's song:
f Push along, Push along Push alorg keep
moving!" : *
I reached Henderson for dinner the
£fiMd da,y,SatHer«^ I,;ha4 'hoped t«
i'octtre a hack to Tyler. But every
nveyance and every horse thatcould
|ie spared from the livery stable, had
Editor and *
ATURDAY, 3IAY 23, 1857.
consider-
pfne cases dis-
jmetimes rases
Sy the year of quarter
iop Candidates —ForState or Uis
trict offices, ten dollars. For Country
offices five.
•We will be compelled to decline legal already been applied for and obtaiued
advertisements, unless paid for in advance
JgfJOB WOKK, of every description,
vfllbe neatly, cheaply, and expeditiously
executed at the Texian Office
SATURDAY- MORNING.
23
r Kansas Relief.—The Wor
cester Bay State discloses a fact
which may be considered to have
some little bearing on the $10 "
000 robbery proposed by the Lei
islature of Massachusetts.
Says :
There now lies npon deposit it
of the banks in our city tf
Worcester a sum exceeding thrflB
thousand dollars, which was ca-
lected for the relief of Kansaj.
It has been upon deposit f<r
months. There it has laid ui-
touched through the winter's cojl
when if ever, suffering would seeh
to demand itsexpenditure. Theje
it still lies—to be expended proba-
bly when sedition again uprea
its head, or when an election sha
inquire the application of a reac
fend of corruption.
And still, although this larg|
flfem is remaining unexpended, th*
legislature of Massachusetts is
(felled upon to appropriate from &
ltenkrupt treasnrv one hundred
thousand dollars" /or the relief of
fcansas ! Money in plenty for all
the purposes of charity is
' by previous travellers. There was,
Therefore, no alternative but to ride
thirty-six miles, before midnight,
without a change of horse, or fail of
the object I had in view. I was
already very much fatigued, and had
rode from Mt. Enterprise in consider-
able pain. Under ordinary circum-
stanc s, I should have abandoned the
undertaking, but I remembered that,
"In the immortal vocabulary which
hope has assigned to youth, there's
no such word as fail," and so deter-
riiime 1 to push on, even though I had
to walk. About midnight, I arrived
in Tyler, and rode round awhile, try-
ing to ascertain the whereabouts oj
ttie clerk of the Supreme Court. At
length, I found the Holman House,
where he, and two of the Judges of
the Supreme Court, (including the
Chiel Justice,) and most of the attor-
nies, boarded. In the morning, I
ro e as early as the nature of the case
would allow, jbreakfasted, and re-
paired to t'.e Supreme Court Room,
to see it tl.e clerk, Genl. Thorna9
Green, would receive and docket my
tarn=eripts. He very politely inform
firing idle for wimt"ofa"subjSf|ed ra< ,hat 1,e woul<1' a"d afle'war<ls
<pon which to disburse it; and told me that Chief Justice Hemphill,
money by the tens of thousands is
incessantly called for to appease
the cravings which have been found
not to coexist with reality.
How the Government is Fleec-
ed.—a letter from Spezzia, in the
Slew York Journal of Commerce,
speaking of the stores sent over
te> our naval ships, says the flour
is generally poor, often sour. The
butter, after a few casks have been
opened, turnes out to be filled
With lard and grease, and is intol
erable. Sailors' Jackets, after a
few packages have been served out
are discovered irot to be of the
substantial cloth mentioned in
the contract, or exhibited as thq
specimens. Shoes are of a worth
nes quality, made of the poorest
leather, and not worth the bind-
ing. The Constellation was
taken into the dry dock at Genoa
to copper, when it was discovered
that the nails were not made of
copper, and if the vessel had gone
to sea she would probably have lost
all her copper.
Juvenile Logic.—"That which
thou hasttodo, do it with all thy
might," said a clergyman to his son
one morning.
"So I did, this mornin," replyed
Bill, with an enthusiastic gleam in
his eye.
"Ail what was it, darling ?" and
the father's fingers ran through
his offspring's curls.
"Why, I wolloped Jack Ed-
wards," said the young hopeful
/'till he yelled like thunder. You
Should just hear him holler, dad."
The father looked unhappy
while he explained that the pre-
cept did not apply to any act like
that, and concluded mildly with.
"You should not have done that
my child."
"Then he'd a wolloped me,"
replied young hopeful.
^Better," said the sire,"for you to
have fled from the wrath to come."
"Yes, but replied hopeful, by
w*y of a final clincher, "Jack can
imn twice as fast as I can."
The good man sighed, went to
kk study, took up a pen, and en-
deavored to compose himself.
(to whom he refered the matter,) was
of the opinion that the transcripts
should be received because the busi-
ness of the 6ih Judicial District had
not been concluded, which naturally
postponed the time for taking up the
5th District, aud consequently, the
time for docketing case9 for trial.—
The Transcripts would have been
received any way, upon my showing
of diligence, and 1 was well prepared
to make such a showing. I was
very well pleased at this result, as it
completely demolished the predictions
of seme of the knowing ones, that I
would not have the Transcripts ready
in time, and if 1 did, that they wou'.d
not be received at Tyler in time lor
trial. The record will show that
some clients were not represented at
Tyler in time, after the Transcripts
were received there.
While at Tyler, I had the pleasure
of seeing that dignified body, the
Supreme Court, in session. Nothing
is more impressive, and yet nothing
more simple and beautiful. The
Chief Justice and his associates take
their seats, without any formality
every body, (as if by common consent i
preserving a dignified silence. The
simple word Irom the Chief Justice
"Mr. Clerk, read the minutes," an
nounces that the court is ready
proceed to business. After the min
ates are read, the Judges deliver thei
opinions, which are generally in writ
tug, the associates commencing and
the Chief Justice concluding. Judge
Roberts, (who sits on the left of the
Chief Justice,) reads first,—and here
let me say thai the Judge compares
favorably with his superiors in age
and experience, and makes a very
good appearance upou the bench.
His opinions are very well received
After the opinions of the Judges are
delivered, arguments from counsel on
cases submitted at a previous sitting
of the court, (if an
Docket of the Di.i
ation is then caj
posed of regularly
are submitted solely upon briefs with-
out argument, at others, they are
argued by attorneys, in open court.
A brief is a written argument, show-
ing the law by which the case under
consideration, is expected to be af-
firmed reversed, ox remanded to the
court below, for a new trial. I
must contain a reference to the au-
thorities where the law is to be found
upon Which the argument is founded.
When the cases have all been dis-
posed of, or the hour of adjournment
& . • A - ' I
arrives,-tWe 6Wef JrfiStfg'e distributes
ttie Transcripts among hit* Associates,
and takes a share himself, after which
he announces that the Court, stands
adjourned until the following day, at
11 o'clock. There is no proclama.
ion by a Sheriff, either at the open-
ing, or closing of the court, unless at
the commencement of the Term, the
Judges are not present, when he may
open and close each day, for a week,
as Sheriffs of the District Courts may
do for three days. Neither is the
ear perpetually annoyed with the
Mr. Sheriff, keep order in Court!"
or with his stentorian reply: "order
gentlemen! Keep silence in the
Court House!" Nor is there any
begging for time, or other privileges,
on the part of Attorneys. A simple
reply from the Chief Justice, annouuc-
ng the decisions of the Court, settles
the whole matter, I saw an attor-
ney rise to argue a case, about the
hour for adjournment—when the
Chief Justice remarked : The Court
will hear you to-morrow—the Court
is adjourned until to-morrow, at 1J
o'clock"—which seated him, with-
out further difficulty—for any attor-
ney who will take one good look at
Judge Hemphill, (although he has a
very mild, aud rather a pleasant coun-
tenance,) will perceive at a glance,
that he might as well attempt, to bend
a bar of Iron, as to move him from
his purposes, when his position is
once taken.
On one occasion, Chief Justice
Hemphill was not present—when
Judge Wheeler very modestly ^took
'he chair, and the court proceeded
with out him.
The Sheriff of Smith County waits
upon the Courts—for which service,
he has a specified salary, paid him by
the State,
I had the pleasure of hearing a case
argued in the Supreme Court by the
Attorney General, Hon. James Willie.
He seems to be a very pleasant, social,
gentlemanly man, and is extremely
popular in his manner. His mode of
address is easy and graceful. He is
about the ordinary stature, and looks
very young for an Attorney General*
He is, however, a most faithful officer,
and discharges his duty efficiently—
as an instance of which, may be cited
the case of the State vs R, & D. G.
Mills, in which a verdict for one hun-
dred thousand dollars damages was
very justly received.
Of ail the clever gentlemen—and
especially, of all the gentlemanly offi-
cers—with whom I met during my
absence, Gen. iThomas Green, the
Cierk of the Supreme Court, may
justly be considered as the chief —
An excellent officer, he is also a most
courteous gentleman. With an ex
cellent opportunity for extending cour-
tesy, he is really an adept in the ari
of dispensing it. He is personally
acquainted with every member of
the Bar, practising in the Supreme
Court—'and immediately finds out,
anticipates, and supplies his wants,
in the way of books, stationary, con-
veniences tor writing &c., &c., and
this, without any sppnrent annoyance,
or inconvenience to himself. Gen.
Green was in the battle of San Jacin-
to, and belonged to Gun No. l,of the
artillery, and every body knows the
gallant part it performed in the ac-
to
tion. The General is highly respect-
ed as an old Texian, although he is
a young mau. He is very popular
with the members of the Bar, and all
others who are acquainted with him.
He can never be defeated for the of-
fice he now holds, while he pursues
his present course of conduct.
At the instance Geu. Green, the
Supreme Court Room has been very
neatly fitted up—carpeted—the win-
dows hung with curtains—the Judges
bench appropiately decorated &c
Ai> appropiation of five thousand
dollars was made by the last Legis-
lature, to purchase books for tjy Su-
preme Court Library, and a conn act
has been entered into with Mr. S. S.
Nichols of a firm in Philadelphia,
lor the purchase of the necessary
books.
The Supreme Court made two
very important decisions while I
was in Tyler.
1st., That an affidavit, although
it must be in writing, must be
sworn to before some officer, legal
ly authorized.
2d That a promisory note, pay
able to A. B., or bearer, and given
to secure the payment of the pur
chase money for a tract of land
with the understanding that it is
to operate as a Mortgage upon the
land, may be traded with oral no
tice of such Mortgage, and be as
signed by parol, without the neces
sity of a written assignment, in
order to bind the land by such
Mortgage.
The former opinion was deliver
ed by Mr. Justice Wheeler, and
the latter by chief Justice Hemp-
hill, after a moment's consultation
with his associates, and without
taking the case out for considera-
tion. It seems, therefore, that the
law must have been clear, and he
so stated it. I think both decisions
very equitable, particularly the
latter; for the mass of mankind are
not acquainted with the legal tech
nicalities of business, and one half
of them would never think of tak-
ing a written transfer for a Promis
sory note.
********
The Subjects of Banks, and
Banking, Rail-Roads, Private Cor
porations and the State System
were also fully and frequently dis
cussed. From what I could learn,
do not think that the people of
Smith County are for banks, nor
are they in favor of the so callec
•'State System" of building Rai
Roads. I presume, therefore, that
they are in favor of building them
by private corporations, with State
aid.
"Sic transit gloria mundi!"
What say you Mr. Editor? let'
have your opinions on the subject
A DISTRICT CLERK.
San Augustine May 8th 1857.
A Sad Affatr.—The Evansville
(Ind.) Journal says :
A gentleman and lady arrived
at the Pavillion Hotel, on Thur
day evening, with the corpse of
young man who had died that day
on board the Steamer Empress
The deceased was betrothed to the
lady, and with her and his friend
were going South on the Empress
On Thursday morning, while the
the deceased was sitting with the
lady on deck, apparently in good
health, his head sank upon his bo
som, aud when the lady turned to
address him he was dead. The
party left the boat at Henderson
and were bearing the young man
remains to his home in Maryland
The lady's grief was heart rendin
to witness—her bright anticipa
tions for the future all brushed
away by the strong arm of death.
Verily, "we know not what a day
may bring forth."
What a poor world this would
be without women and newspapers.
How would news get about? It
scares us just to think of if.
We translate from the Tra.it d
Union some pithy reflections on the
singular indifference evinced at Wash-
ington towards the treaties recently
negotiated by Mr. Forsyte with the
Mexican Government:— True Delta,
The good news with regard to the
treaties with the United States turns
out decidedly sour. There is now
no doubt that the treaties, as they
were originally drawu up, have«oit&-
er been adopted nor examined by
the Senate at Washington; but in
he New York Herald we learn, Mr.
Buchanan is qu'te ready to accept and
Commend. Extremeiy modest iijt.
his wishes, the new President of the
United States only asks the cession
of Souora and Sinaloa, together with
the Gulf ol Cortes (California*) In
exchange lut «**e C^itvd
States will make th% sacrifice oj
ohng out; to Mexicfjrfc le v millions
of dollars! If this is the good news
announced a short time ago by the
famous despatch from Vera Cruz, on
the arrival of the Guerrero, we must
confess the telegraph has a singular
mode of expressioii. Admitting that
the Herald was well informed, it
would become the^di^nitv o« the Mex-
ican Government to consider the trea-
ties as definitely rejected, and to re-
fuse absolutely the overture of new
hegatiations. This would be, in our
opinion, the "only, proper manner of
replying to the very cavalier proceed-
ing of Air. Buchanan.
We do not intend discussing here
the questio'i whether Mexico should
or can alienate Sonora aud Siualoa.
There is much to .be said for and
agaiust, in respect to this; but we
have no hesitation in saying that,
without caring in the slightest for the
Monroe doctrine, which the United
States have invented for their own
use, and which no European power
has yet taken in earnest, Mexico
should seek a purchaser anywhere,
rather than in the neighboring Re-
public. This puichaser will doubt-
less be found, and in this manner a
barrier will be fixed instead of open-
ing the door to the invasien of a pop-
ulation heedless of international law
ai'd far too restless to inspire a blind
confidence.
A Joke- for the Csowd.—-d
Home had his dignity som^
tal^n down when he took poe#
of the Episcopal palace aft Nq'
in 1791 He turned arons ^~'~"
steps and exclaimed: "Bi -
ns! what a multi'ude of; .. -
'• Oh, my lord," said s *-
"this is nothing to the er
dj^y last, to see a man hf'
,*Fh? latest case of a% *
is'recorded of a lady ab
up" some eggs for spor '
whipped the baby, ant . *'
cradle hymn to the pg«
Couldn't Find ai
night recently a brake..
Erie Railroad; nametl Hals;
on the plat form .of one ufn
pockefbook stuffed with bills,
counted np %'fQd. II immed
informed t he conductor of the ma
but the owner of the money aould
be found on the train. An examina-
tion of the money, however, proves
it to be counterfeit. Had Mr. Hal-
sey been less honest, and attempted
to pass some of the bills, he might
ha"e involved himself in a pretty
c.ape.
A fellow who is ons:deied rather
'?oft," speaking the other day of the s
ma jy inventions which have been
made by the present generation, eX-
ultingly wound up with—"For my
part, I believe every generation grows
wiser and wiser; for ther's my father,
he kuow'd more' my grandfather, and
I believe I know a leetle more'n my
father did " "My dear sir," remark-
ed a bystander, "what an o'd fool
your great grand-father must have
been."
Senator Sumner in Paris.—Mr.
Walsh, the Paris correspondent of the
New York Journal of Commerce, in
his letter of April 6th, says:
Senator Suinner had been in this
capital a fortnight or more. I have
seen him only oi ce, and then he was
passii g with a quick stride, on the
Rue de Rivoli. English gentlemen
who have been seated near him at
the Galignani Reading Room, men
tion to me that they were struck by
his stature and athletic frame; they
could discover no traces oi ill health
We may anticipate a complete recov-
ery. No French notice of his pres-
ence has yet appeared to my knowl-
edge. There is an attempt to get
up an American dinner for him, which
we may presume will fail; the less
eclat aud diffusion for our domestic
dissensions, the better. Mr. Sumner
has left his card at the hotel of the
Minister, Mr. Mason; the latter caus-
ed his card to be left at the lodgings
of the Senator. This, I believe, is
all that has passed between them.
The Kansas Question. The
Washington correspondent of the
New York Journal of Commerce, m
his letter of the 22d ult., says;
There is some talk here of a com-
promise to be madrf, with the prior
assent of the Administration, of the
Kansas question, by providing, in the
State constitution, for a limitation to
the existence ot slavery in tl.e State
and its future exclusion- Private
rights existing will, by this mode, be
respected. The owners of the few-
slaves in the Territory will thus be
enabled to remove them, in conformi-
ty with the example of the Northern
States which, when they abolished
slavery, did it by fixing a future day
for the enforcement of the am, and
thus enable the Northern proprietors
of slaves to self thern to Southern
planters, which thev did, as was hilly!
A boy got his grandfather's gun
and loaded it, but was afraid to. fire;
he, however, liked the fun of loading,
and so put in another charge, but
still was afraid to fire. He kept on
charging, but without firing, until
he got six charges in the old piece.—
His grandmother, learnfng his temeri-
ty reproved him, and graspiug the old
continental, discharged it. The re-
sult w s tremendious, throwing the
old lady on her back ! She promptly
struggled to regain her feet, bat the
boy cried out, ''Lay still, granny-
there are five more charges to go off
yet."
I am going to the Post-office, Bob;
shail I inquire for you ?"
"Well, yes, if you have a mind to;
but I don't think yon will find ma
there."
Lying is the most consumate form
of cowardice. He who uses a lie for
refuge, betrays a woful Jack of faith
itiall things substantial, and places a
miserable confidence in a shadow of
what is not.
Time is the most precious, and Vet
the most brittle jewel we have. It
is wiiat every man bids largely for,
when he wants it, but. squanders it
away when he gets it.
A chap reading that Mexican files
had been received in New Y'-rk city,
went into a hardware store and asked
to look at some of them. He is a
broiher of the man who inquired for
a pound of Liverpool dates, received
by oue of the steamships.
Gentleman and No Gentle-
man.—The late Vicar of Sheffield,
the Rev. Dr. Sutton, once said to
the late Mr. Peech, a veterinary
surgeon : "Mr. Peech, how is
that you have not called upon im
for your account?" "Oh," said Mr:
Peech, "I never ask a gentlemai*
for money." "Indeed," said t|,
vicar, "then how do you ge+
if he don't pay ?" "Why," rf
Mr. Peech, "after a certain
conclude that he is not a gen
and then I ask him !"
In Town.—Gen. John A Qv.
man, the soldier, statesman at
gentleman, arrived in this ci*
t-hown in the Missouri discussion in jyesterday morning, and took pk.
Congress, in 1820. j page last evening for his plantatte. 7
AppEAitANuiis.—A coat that has! in the Valley of the Yazoo. Tp *
marks of use upon it, is a recommen- gallant old general is rapidly
datioii to people of sense, aud a hat (covering his health, aud looks a$|
w.th too smooth a nap and too high although lie had a dozen campaigns
luster, is a derogatory circumstance. |jn him yet. His numerous friends
1 lis best no ts in Broadway are onj]iere wcre g]ac} f0 see him,, and lie
the hacks of penniless hrokeu-dowu wag cor(j;aijv wejoomed on every
merchants, clerks with pitiful salaries, ihan(j We t,mt jtjs £
an men t iat < otiit^ pay up. Ieia^y understood thut hewillbe a
heavies' oid chains dandle Irom the, J,. , . , .. .
fobs ot gamblers and gentlemen with jCfldldat0 ^ election and it 18
very limited means; costly garments jahuost equall} certain that he will
on ladies indicate to eyes that are [have no oppQSltion.-
well open, a silly lover, or a hu-b-wid , Whig*
cramped for funds. And when at T TI ,
pretty woman goes by in a suit of I, Iiaoer blCr' alm0.£ ,
plain and neat apparel, it is a sign years ago has gained a
that she has fair expectations, and a j habitation ftnd a name and immense
husband that can show a balance in! amounts of money are now expen*
his favor—New York Times. ded for this dri^V
■ Vicksburf
unknown
local
3^
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King, George W. The Eastern Texian (San Augustine, Tex.), Vol. 1, No. 8, Ed. 1 Saturday, May 23, 1857, newspaper, May 23, 1857; San Augustine, Texas. (https://texashistory.unt.edu/ark:/67531/metapth233669/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.