The Quarterly of the Texas State Historical Association, Volume 4, July 1900 - April, 1901 Page: 44
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44 Texas Historical Association Quarterly.
,It may be mentioned as characteristic of the times that when Mr.
Waller was alcalde of the municipality forming what are now known
as the counties of Brazoria, Matagorda, Wharton and Fort Bend,
he frequently commuted the punishment of offenders convicted of
murder from death to whipping and branding, -on account of his
opposition on principle to capital punishment. In the exercise of
this office he granted ,divorces, and exercised the general powers of a
court of common law and equity, and it was indeed an office of
great trust and responsibility. 'This was the only office filled by
Judge Waller under the :Mexican government, but with the estab-
lishment of the Republic, and frequently afterwards, he was called
upon to serve the people. <He was at once appointed by the congress
president of the board of land commissioners, Theodore Bennett
and A. C. Hyde being his associates, to grant certificates for land
to all those who had stood firm and trusty in the past dangers and
'conflicts. 'This duty was performed with his usual exactness and
fidelity, and in a manner to increase Judge Waller's estimate. by the
people as a public officer. He was again put. in official harness, in
the year 1839, when he, was appointed as government agent to select
a site for the State capital, to lay off and plan the city, and to
superintend and conduct the erection of the public buildings. The
present capital, the city of Austin, was his choice, and the child of
his skill and energy, now grown and matured, stands yet as the seat
of government in Texas, a silent testimony 'of the modest but inval-
nable service rendered by Judge Waller to the young Republic.
The following is a copy of the official bond required of Judge
Waller upon his assuming the duties of this position, the original
bond being now in existence:
"REPUBLIC OF TEXAS,
"'County of Harrisburg.
"Know all men by these presents, That we, Edwin Waller, Wm.
T. Austin, Thos. G. Masterson, B. T. Archer, Thos. J. Green, Wan.
Sims Hall, Samuel Whiting, John W. Hall, Louis P. Cook, Wil-
liam Pettus, W. B. Aldredge, and Charles Donoho, citizens of the
Republic aforesaid, are held and firmly bound unto Mirabeau B.
Lamar, President of the Requblic .of Texas, .and his successors in
office, in the just and full sum of one hundred thousand dollars,
good and lawful moev of said Republic, for the payment of which,
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 4, July 1900 - April, 1901, periodical, 1901; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101018/m1/50/: accessed August 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.