Matagorda Bulletin. (Matagorda, Tex.), Vol. 1, No. 23, Ed. 1, Wednesday, January 10, 1838 Page: 2 of 4
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time lio made Iiis public declaration of his intention
to make Bexar Iiis place of residence ; much law has
been read to shew that fact. But sir after an ex-
amination of all the law thai bas been produced I
must frankly acknowledge that I have come to the
conclusion that to obtain a residence in any county
of this republic it is necessary that two things
should concur to produce it: first the actual being
or 'lie spot where the residence is claimed: second-
ly with n intention of-making it the home of the
party 't is asserted that general Green was in the
-comfy 01 Bexar some fifteen montliK before the elec-
tion wi 'e in command as an officer of the army;
but sir. i ask if the fact of his having obeyed or-
ders and in discharge of his duty he should happen
to cross the line of the county of .Bexar would that
have entitled him to the municipal .privilege." of a
citizen of said county. It sir has been ro?3c a doubt
jnotwitlKtanding whether the ger.ilcman was ever iti
the county at all until about the middle of August
Jast. It has 'been remarked that if his residence
was not in the county of Bexar whore could it be?
dn reply I would remark that he may not he a resi-
dent of Bexar or of any othor county in this repub
lic sufficient time to entitle him to a teat in the se-
nate and f jet be a citizen of this republic and enti
tled to its protection. The constitution of tins re-
public states "that every male citizen who is by
this constitution a citizen arid otherwise qualified
shall bo entitled to hold any office or place of ho
nor trust or profit under the republic." Here then
is a clear declaration that the honorable gentleman
may hold any office in this republic provided he is
a citizen and qualified for that office; and what is
-the qualification necessary to entitle him (q a scat
on this floor. The question is at once solved by rc
ference to .the 8th section of article 1st of the con
stitution "The senators shall bo chosen for the term
of three years; shall be citizens of this republic re-
side in the district for which they are respectively
.chosen at .least one year before the election. Mr.
President here is a positive qualification demanded
by the constitution which in my humble opinion
the gentleman from Bexar docs not possess. And
though my personal feelings would induce me to do
much to sustain the gentleman in this question the
capacity in which I act compclls me to forget foi
the moment every warmth of personal feeling I may
entertain for the gentleman in order that I may do
my duty to the public faithfully. The constitution
is and hai ever been my guid' : and so far as my
poor judgment will direct me to sustain it in its pu-
rity. But one wish predominates in my heart; it is
to "sustain the rigid and oppose the vrong"" to ren-
der to my country all her due to preserve her inte-
rest to protect her constitution and to exert every
influence to effect it. Aware sir of my own inex-
perience in matters that require such grave sucli
deep such serious reflection I do not desire that
iny views should be adopted by any member of this
senate unless they fully concur. Responsible for
my vote 1 have thus given my opinion frankly as-
signing the reason why I shall vote in favor of the
resolution now on the table which if adopted will
vacate the soat of the honorable gentleman froi-
Bexar. Here Mr. Green rose and spoke at considerable
length in support of his claims as senator from
Tbe.chair then stated the question shall the elec-
tion from Bexar be declared null and shall the seat
of thoentlcman be declared vacant and the elec-
tion referred back to the people? which was the pro-
visions of Mr. Barncll's resolution.
Mr. Horton called for the ayes and nays which
were Ayes Messrs. Everitt Augustine Barnett
Horton Lester Robertson Rains Wharton and Wil-
son 9. Nayes Mr. Burton 1.
So the scat of senator from Bexar was declared
vacant. The senate then went into secret session
and after some time spent therein the doors were
opened when Mr. Wilson moved to adjourn until 3
o'clock P. M. Mr. Rains moved until to-morrow
morning 10 o'clock which was adopted.
Edited bv James S. Jones.
WEDNESDAY JANUARY 10 183S.
The Ed.'.'or of the Bulletin has returned from his
expedition to thr. West and the resumption of hisJ
editorial labors will commence with thesuccccdingj
number of the paper.
THE PIRATE LUMBARD & CAPTAIN
Those two. worthies are placed in company with
each other believing them to be kindred souls as
Lumbard when endeavoring to enlist one individual
in his piratical attempt spoke of his friend Captain
Hawcs being on board of the schooner Fancy and
that he could easily handle the others; and from lho
circumstances attending this transaction it does ap
pear that Hawes i the most criminal of the tico.
Lumbard is a miserable worthless ragged half
starved vagabond and might have been prompted
by jieeeeeity o coraita actef robory; butcaptain
Hawcs was not in such abject poverty from his be-
ing commander of a vessel it is to be presumed he
was possessed of a competency therefore his evil
cctions and intentions must have proceeded from a
most depraved and wicked heart. Every person
possessing any self respect must be conscious of
what sickening disgust it must cause to be com
pelled to condescend to notice 'the vulgar abuse of
every foul mouthed slnndc.-cr of the people of Tex-
as; and such fellows as ciptain Hawcs would have
been passed hi silent contempt but for his having
made a communication to a respectable journal in
New .Orleans evidently with an intent to injure
this country; and as people at a distance may be un
acquainted with captain Hawcs and the facts and
circumstances which have iven rise to his slander
ous communication it is necessary to state them
It seems captain Hawcs arrived in Matagorda Bay
onboard the schooner Fancy sometime in the month
of November last. His mate E. Lumbard came up
to town and put up at one of our hotels; after being
here several days lie communicated his intention to
one of our citizens and wished to get his aid to go
with him (Lumbard) on board the schooner Fancy
that night take possession of her and run her off
to Matamoras stating that captain Hawcs his friend
was on board and that he could easily handlo the
others. As soon as he made this communication
the person to whom he made it immediately adopt
cd measures to have him arrested ; and accordingly
in less than two hours Lumbard and his con
federates were in custody of the officers of justice
where they arc at this time awaiting their trial at the
next term of our circuit court
Captain Hawcs says that it is remarkable that
Lumbard should have raised a crew in so short a time
This statement is evidently intended falsely to
hold out the idea that Lumbard had found many
adherents in Matagorda; on the contrary the first
one of our citizens to whom he proposed his designs
caused his arrest and he and his comrades were
the next morning taken before the chief justice?
cf this county and upon the most searching inves
tigation and enquiry it appeared that there were on
ly two other miserable creatures concerned with
Lumbard neither of whom were citizens of this
republic and might have boon brought here by
captain Hawcs as Lumbard in his confession says
the scheme icas set on foot in New York: and if
we are to take his confession captain Hawcs was
equally guilty with himself.
At the time Lumbard took possession of the custom-house
boat to go on board the schooner Fancy
he had along with him but one of his confederates.
This fact coupled with his declaration that captain
Waists teas his friend clearly proves that he (Hawcs)
was equally guilty with him (Lombard:) and this
one confederate did not escape as the veritable cap
tain Hawcs states but was arrested at the same
time with Lumbard.
But captain Hawes says that he went up to town
and requested that Lumbard should be sent on
board of his vessel for safe keeping until ho sailed
from this port. vMiat a great man this captain
Now the very circumstances accompanying this
request to have Lumbard delivered to him proves
they were both concerned in the same enterprise
and accounts for the malignity of feelings which has
prompted him to put forth such vile misrepresenta-
tions and slanders against these people. When
Haws came to town the case had been examined
before the judge and the accused committed to the
custody of the sheriff to be safely kept until the ncx
session of our circuit court to answer the charges
against them. The sheriff and he only had th right
to retain them in custody and he would not have
been justifiable in delivering cither of the prisoners
to any one much less to the prisoner's particular
friend. There being no jail the prisoners were kept
in an unfinished house and for the want of a black
smith the irons necessary to confine them could
not bo immediately procured. As no attempt had
been made by either of them until the arrival of
captain Hawcs in town perhaps the guard became
a little careless and fell asleep the night afterHawcs
had had some conversation with Lumbard and
while they were asleep Lumbard only escaped.
Alarm was immediately made and he was pur
sued and soon arrested again in consequence of
his going into the back yard of a tavern where he
thought his friend Hawcs was in order to go on
board the schooner Fancy with Hawcs according
to his request.
Now why was Hawcs so anxious to get Lumbard
on board of his vessel as she was then about to
leave this port and did sail in a few days? Why not
request the sheriff to give him the custody of the
other two a few days? The conclusion is clear his
friend Lumbard had been detected in his villainy
and captain Hawcs wished to get him on board of
his vessel when he could have hoisted sail and ta-
ken his friend with him. All the facts and circum-
stances which have occurred since Hawes left here
justify this belief; and should he return to Texas ho
may pcrliaps oc piacea m ckbc company iirain
with his old friend Lumbard.
1?o this day present to our-readers the charter
of the Colorado Navigation Company the object
being solely the removal of the raft and other ob
structions to the navigation of the Colorado River
The importance of the work the increased value of
property in the entire West that must necessarily
follow the success of this enterprise must be so evi-
dent to all that comment upon our part must be
unnecessary therefore we have only to say that we
have every assurance that as soon as the stock shall
have been taken and officers elected the work will
be effectively commenced.
We arc requested by the commissioners of the
Colorado Navigation Company who as well as our
selves arc satisfied that the stock will be immedi
ately subscribed for to invite the early attention
of the public to the work to be contracted for. The
removal of the raft &c the value of the timber
contained in it and the market that Matagorda af
fords for the sale of the same certainly offers con
siderable inducement to contractors. It is spoken
of thus early as all feci anxious that the work shall
not be delayed for the want of competent persons to
PORT OF MTAGORDA TEXAS.)
LIST OF VESSELS IN TORT.
Bchr. Independence Evans Master.
Martha Walls A. U'adsworth.
Lone. Clarke J. I!. Clarke & Co.
Dorif Homier Horton Iz Clements.
Hermosa Cliallln do.
Wanderer Mcrwin do.
San Jacinto Higgins do
Price Current of JTIalagortla
January 10 1838.
FliOUR Fine. SIC. Snpcrflne $18.
COFPKE Havana green 10 to 20 cents. Itlo 32
to 25 cent.
8UGA.lt i New Orleans 20 1 o 25. Drown Havana
1C to 18. Lump 35. Loaf 33 to 38.
BACON If amg canvassed 25c. Hams. 25 icarcc.
Middlings 20. Slionldcrs 18 3-4.
MOLASSES Orleans 80 to 00. Syrup 90 to 100.
POIlIw Mess 30 to 935. Prime 28 to 32.
BEEF Bless none. Prime none.
LARD-18 3-1 to 22 c.
WHISKEY Rectified 1 25 to SI SO per gallon
Common 1 00 to SI 25.
SALT Tnrk's Island per bushel S3.
LEAD-12 1-2 per lb. to 15 c.
RICE 10 to 12 1-2 c.
BXGaiSa Kentucky 35 c.
HOPE Kentucky 18 to 20 c.
LU.lIUEn $40 per M. scarce.
IJRICKS 25 to S35 per 31.
SHINGLES S13 per M scarce.
NAIliSKcg 15 c. per lb. In demand
MA CKieitEL-- None.
WINDOW GLASS None.
? A CARD.
rglHE undersigned passengers on board the Schr.
"- Hermosa beg leave to lender to captain (Jhat
ten their most sincere thanks for his ncntlcmanly dc
'nortment &.kind attentions tolhcmdurin; thcirpas-
sagc on board ins very superior vessel trom IScw
York to tins port. I hey woulu most checriully re-
commend him to the public as a most skillful navi-
gator. Ror.EUT O. W. McManus
A. Emerson J. v. mcManus
Geo. R. Peck Albert Jones
David DraLvnnsT Henry De Mott.
Matagorda January 8 1838. 23 It
Colorado Navigation Compttny.
BOOKS to receive subscriptions to the capital
Stock of the Colorado Navigation Company
will be opened at the office of S. Mussina on the
first 'day of February next and remain open twenty
days. A. L. CLEMENTS)
J. T. l$EL.tviAi' commissioners.
S. MUSSINA. )
PCfo Tiff Feet assorted Lumber just landing
Of" JjJ- from schooner Doris and forsale by
HORTON & CLEMENTS
January 5.183S. 23-tf
"M f 711' Choice Philadelphia Brick now land--"
ing from schooner Dorisand forsale
HORTON & CLEMENTS.
WE arc now receiving pr. schooner Martha an
assortment of Wines Tobacco Mustard.
Cloves Cassia Ginger etc. One consignment
which will be sold low for cash.
HORTON & CLEMENTS.
KA bbls. per. Wanderer. For sale by
" HORTON & CLEMENTS.
4 Casks splendid pale Sherry Wine for sale bj
HORTON & CLEMENTS.
January 5 1837. 23 tf
ALL persons indebted to Horton &. Clements
cither by note or took account must call and
settle the same without dehy as further indulgence
will not be riven. HORTON to U1J.-.UIm. 1 S
January 5 1838.
7 of Pratt's superior 50 &. CO Saw Cotton Gins
a superior article warranted in cvery.rcspcct
for sale on accommodating terms by
S. L. JONES & CO.
January 10 1838. 23-4t Quintana.
PM1HE fine fast sailing coppered and copper fas--
toned Schooner San Jacinto Higgins Master
will be immediately dispatched. For passage only
having good accommodations apply to
HORTON &. CLEMENTS.
January 10 1838. 23-lt
For New Orleans 20tli
fBlllE fast sailing A. I. Schooner Hermosa Chaf-
len masicr will positively sail on tbe.abovc-
mentioned day. For freight or passage apply to
HORTON & CLEMENNS.
January 10 1838. 23-lf
rp For JTIobilc.
-- HE fast sailing schooner Dori3 Hos-
mer Master will sail on the 13th instan. For freight
or passage apply to
HORTON Jf CLEMENTS.
January 10 1838. 23-lt
rWlHE Subscribers having sold their entire sfock
-- of Goods and being desirous to close their bu-
siness as soon as possible tako tins method of re-
questing all persons indebted to them to call and
make immediate settlement. Office at the store of
A. Wadsworrb Esq.
CLOPTON & MOSBY.
Matagorda January 10 1837. 23 2t
fBlIIE subscribers have on hand and offer for salo
a large assortment of Ready-Made Clothing
Boots Shoes Hats dtc; also Liquors Wines Pro-
visions for sale low for cash or on short time.
S. L. JONES &. CO
Janunry 10 1838. 23-4t Quintana.
(Kt The Promissory Notes of the Government
taken in payment.
THE subscribers having recently opened a small
assortment of Dry Goods Hardware and
Crockery hopes that his friends and the public go-
ncrally will extend to him a liberal portion of their
patronage. J. W. TISDALE
per A. WADSWORTH
Administrator 4 Curator's Sale.
TTN pursuance of an order of the Hon. Sinclair D.
- Gcrvais Judge of Probate will be sold on Sa
turday the iiOth instant all the moveable property
and effects belonnnif to the succession of Marshall
J. Crittenden deceased. Terms of sale cash.
JAMES NORTON adm.& curator-
Matagorda January 9 1838. 23 tds
JT3Y the undersigned Judge of the court ofPro--
bate in and for the county of Mutagorda Re
public ol Texas.
The Publicjare hereby notificd-that on Monday
the 27th day of January 1338 there will be sold to
the last and highest bidder in front of the store of
Mrsars. Horton &. Clements in the town of Mata-
gorda in said county and Republic all the moveable
effects belonging to the estate of Burwell B. Bow-
ling deceased. Terms of sale cash.
SINCLAIR D. GERVAIS
Judge of Probate.
January 10 1838. 23 tds
Republic of Texas Counti- of Matagorda.
Probate Court Dec. Term 1837.
SHEREAS John Bowman has filed his peti-
tion in open court praying to be appointed
curator and administrator of the vacant succession
of Joseph Bowman who died intestate Notice ie
hereby given tor all persons interested in said suc
cession to file their opposition if any at my offico
within ten days trom tins date.
1t?f'HEREAS Benjamin Rawlcs has filed his pe-
tition in open court praying to be appointed
curator and administrator of the vacant succession
of George Rawlcs who died intestate Notice is
hereby given for all persons interested in said suc-
cession to come forward and file their opposition if
any at my office within ten days from this date.
WHEREAS Hamilton L. Cook has filed his
nntilinn in nnr-n r.niirt. nmvinrr fnhe nnnnint-
c i 1 i e "- ri
cd curator and administrator of Mary Ann Cook.
who died intestate Notice is hereby given for
all persons interested in said succession to coma
forward and file their opposition it any at my omce-
within ten days from this date.
By order of his honor
SLNCLAIR D. GERVAIS
Judge of Probate
Tnos. M. Dennis Clerk of Probate.
Matagorda January 10 1838. 23 2t
WILL be sold in front of thcMatagorda House
without reserve on Mondav the lGthe inst..
the square of ground situate on Fisher and Canal
streets divided into lots suitable for ware-houses.
rcrms UDcrai. n. ix.i'iiivn-'iv iiutiiuccr.
Administrator &. Curator's Notice.
THE undersigned having been duly appointed
administrator and curator of the Succession of
Daniel G. Connor deceased this is to Notify all
persons having claims against said Succession to
present them duly authenticated within the time
nrescribed by law: and all those indebted to tho
said succession will make immediate payment to
. B. SEGUINE
Administrator and Curator.
Matagorda January 8 1833. 23 ft "
CLOTH Hair and Tooth' Brushes for sale at
For .let Crleans.
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Niles, J. W. J. Matagorda Bulletin. (Matagorda, Tex.), Vol. 1, No. 23, Ed. 1, Wednesday, January 10, 1838, newspaper, January 10, 1838; (https://texashistory.unt.edu/ark:/67531/metapth80337/m1/2/: accessed April 24, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.