The Northern Standard. (Clarksville, Tex.), Vol. 1, No. 5, Ed. 1, Saturday, September 17, 1842 Page: 1 of 4
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THE NORTHERN STANDARD.
CHAS. DE MORSE
LONG SHALL OCR BANNER BRAVE THE BREEZE-THE STANDARD OF THL FltEr.
EDITOR AND PROPRIETOR.
CLARKSVILLE SEPTEMBER 17 1842.
PUBLISHED WEEKLY BY C. DE MORSE.
The NoftTBUuc Standard ii published every 8aturoaj
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Net exceed in j fifty lice. $50 per annum.
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Ef Exchequer Bills receired at par.
AGENTS FOR THE STANDARD.
T sat is G. WmoHT. P. M . Pine Creelc.
Sauce:. M. Fultok P. M. Franklin Lamar Co.
William Baown Paris Lamar Co.
'JoHJc tC'CiabDocE Pris. Lamar Co.
J. W. O. SrtxrttLB P.M-Hamon Co.
J case Shkltok P. M. Fort Shelton Lamar Co.
J. A. Caldwlll Warren Fannin Co.
Bailxt Exolish P. M Fort English Fannin Co.
D. Rowlitt P. M. Lexington Fannin Co.
J. Q. Jovrrr P. M. Raleigh Fannin Co.
J. J Williams P. M. De Kalb Bowie Co.
Oen. E. H. Takkawt Bowie Co.
Hon. Jesse Qansrs Montgomery Co.
A. 8rrRNr P. M. Nacozdoehe.
Taavit G. Baooxs P. M. 8an Aujustirte.
C. K. AHDatwi Harrison Co.
Col. Jam as Love Oalreston.
James B. Shaw Esq. Houston.
Col- Q. T. Wood Liberty.
JXK W. Hsaxusnit La Grange.
B. M. Joksioh Washington.
&sm'l B. Biioham Maugorda.
HsLDUUK Literary Depot Louisville Ky.
MoaoiH k Co.. Literary Depot New Orleans.
A. Maatn P.M.. Fulton Ark.
Charles Hood Esq. Washington Ark.
Bsaar St Tankzhill Nashville Tenn.
Col. D. P. Armstxono Knoxville Tenn.
J. R. Mohtoomcrt. Linnrilie Giles County Tcin.
L. S. HouoBTojf Vicluburg Miss.
LoaEKXO Dilako P. M. Park Hill Cherokee Nation.
James Hasxisox Esq. St Louis Missouri.
M. T. Logan Dover Pope Co. Arkansas.
G. C. Goooino P.M. Fort Towon.
-8LXTH CONGRESS EXTRA SESSION.
HOUSE OF REPRESENTATIVES.
Tuesday July i 1842.
w House met quorum piesent The House pro
cetded to the business on the Speaker's table and the
orders of the day.
A bill for the permanent location of the Seat of
Government read 2d time and referred to the select
Archive committee. The committee on the Judici-
ary J. B. Jones chairman to whom was referred a
' bill to prolong the terms of the Probate Courts re-
ported the same back to the House with amendment
and recommended its passage report received and
till taken up. The committee proposed to amend
byj ranting the Judge pewer in vacation to hearand
determine causes upoo a stipulation of facts by the
parties which-ahouid have the same effect Jcc. as a
judgment rendered in term time. Mr. Robinson of-
fered to amend the amendment by a. proviso that no
judgment should be rendered except upon a hearing
ju the court where the suit may be brought. Mr.
Mayfield offered further to amend by declaring that
the deeease.of any person should ipse facto be taken
-and adjudged as full payment and liquidation of all
debts an simple contract provided always that such
u-ii . :. ...---J- it- t t r
i peisuus auaii uui buiiuuii suiciue. mi. r uiucs uuer-
-ed fuitherto amend by excluding lawyers from the
Dencm oi me aoove amendment mr. raneer oi
Houston offered still lo amend by providing that all
-debts due the deceased shall cease with the decease
of the individual. Mr. Wynns moved tt e previous
question carried. Main question being the nngross-
mentofthr bill was. then put and carried. Mr. Van
-Zand t by leave introduced a bill to make valid ccr-
.tain acta done in the judicial counties of this Repub-
lic read first time and bill referred to the Judiciary
.committee. A message waa received from the Pre
trident (being the information required by a resolu-
.tion of the House concerning Indian agents &c) On
tuition of Mr. Usher the communication andaccom-
i panying documents were referred to the committee
od Indian affairs. Mr. Usher by leave introduced
i a-bill concerning the conveyance of the mails read
A iirst time and bill referred to committee on Post
A Offices and Post Roads. On motion of Mr. Mayfield
J .the resolution requiring the appointment of a commit-
tee to inquire into the causes. &c of the present na-
r tional distress taken up and adopted Mr. Mayfield
goffered a resolution declaring it detrimental to the
g country to treat with the Indians residing within our
iborders and the sustaining of agents for that purpose
3 and Impolitic for the protection of the frontiers; and
Hkhal in the opinion of the House all such agents and
commissioners now in the employment of the Execu-
K-tire should be discontinued and more particularly
that of Count de rtarbonne. On motion laid on the
(table until called up. On motion the House adjourn-
mi until 3 o clock.
Half past 3 o'clock.
S House met quorum present. Mr. Raymond of-
fered a resolution requiring the President to inform
jibe .House whether there is any evidence that Felix
iT accepted and adopted. Mr. Dennis offered a rcsolu-
! j tion that his Excellency the President be requested
.ts&tsrifhufonaatiga of the probable cost of support-
is (ing'thenavvyMr the next sixth months in full equip-
3 -neat rule suspended and resolution adopted. Com-
0 jphtee on Judiciary to whom was referred a bill to
jjnake sxtad certain act done in the judicial courts
?ecmmunded its passage report accepted and bill
taken up. Mr. Mayfielc offered to amend by secur
ing mira parties ot prior vetted right in surveys
snade in said courts adopted and bill ordered to be
Wednesday July 6 1842.
House met quorum present Committee on re
trenchment to whom was referpjd a hill providing
or the abolition of the duties on certain articles of
importation reported bg substitute report received
na Dili lata on me uoie 10 come up amon? the or-
lers of the day. " Mr. Jones of San Patricio by
leave introductid a joint rcioluliou authorizing the'
!: Huston has resigned the ofhee oi Major General of
Utht Militia of Texas rule suspended. Mr. Mayfield
i I moved to amend by inserting the word "forthwith"
President to hypothecate certain portions of the pub-
lie domain (6 ameliorate the condition of our citizens
now prisoners in Mexico. Keaa 1st time. House
proceeded ta the orders of the day.
The bill eOncrrning impost duties was taken up
together whh the substitute. On motion of Mr. Jones
of San Patricio so fnuch at provided for the reduc-
tion ofdoties on salt and bacon was stricken out. On
motion bill and substitute laid on the table. The
war question substitute and report of committee were
made the special order oi inc aay to-morrow 1U
o'clock. On motion of Mr. Mayfield a bill concern-
ing the Probate Courts waa taken up read third
time and passed. Mr. Jones of Galveston by leave
introduced a bill authorizing County Court) to levy
a tax read first and second time and refer red to com-
mittee on Judiciary. Adjourned.
Thursday July 7.
House iTiet quorum present The committee on
thi Judiciary to whom was referred a bill authoriz-
ing Couritv Courts lo levv a tax. repoited the same
bick to the Houio ith an tmendraent and recom-
mended its passage report received and bill laid on
the table to come up dipong the orders of the day.
Orders of the dav Message received from the Pre
sident which was ttken up showing die receipts and
expenditures of the government in Exchequer bilby
Ac and the amount now in circuJfllicn relerred to
committee on finance. Also a message shoeing the
cost of furnishing an army for six month's campaign.
Referred to committee on Military Affairs. The L'H
to prosecute the war together with the report of the
maioritv of the committee were taken tiD. and on
motion of Mr. Van Zandt the House resolved itself
into a committee of the whole: alter some time spent
therein the committee rose and reported progress
and asked leave to sit again adopted. House ad
Hall past 3 o'clock.
House met quorum present. On motion of Mr.
Cooke the "offensive war question" was taken up in
committee of the whole. Committee rose and re-
ported progress and bill back to the House with
amendments and recommended their adoption re-
port read and on motion of Mr. Williamson' made
the special order of tbeday for 10 o'clock to-morrow.
Fripat July 8.
The bill concerning impost duties was made the
special order oftheday for 10 o'clock Monday. The
special order of the day being the "war question" was
taken up. The amendment authorizing the Presi-
dent to take command of the army in person was
adopted. Mr. Jones of San Patricio offered to amend
by inserting after the word "person" raited undcrthe
provisions of this act-' adopted. Mr. Cooke offered
to amend by inserting "provided he be the choice of
the assembled troops: supoorted by Messrs. Cooke
and Mayfield aud opposed by Messrs. Wynns Van
.and: and Jones ol ban I'atneio. Ayes 6 noes 28
rejected. Mr. Mayfield offered to amend thus: "pro-
vided always that an election of '.Major General
shall be offered by the Executive who when elected
shall take the field and superintend the organization
of the troops and who shall be commanders of the
army coder the orders ot the Executive. Rejected.
Ayes aud noes were then called for on the adoption
ot the first amendment of the committee : aye? 27.
noes 7 carried and amendment adopted. Second
amendraenudopted. Third amendment giving the
Executive full control of all the unappropriated means
ot the country to carry on the war" was substituted
by another "giving the President authority to hypo-
thecate the public domain to raise funds and report
the same to Congress. Ayes 29 noes 3. Message
read from the Senate informing the House of the pas
sage oi tne Dili "hung tlie pay ol the navy." Ad-
journed. Satdrady July 9.
House met quotum present A joint resolution
authorizing the President to hypothecate the public
domain to ameliorate the condition of the Santa Fe
prisoners read second time and referred to the commit-
tee on finance. A bill fixing the pay of the officers
seamen and marines of the navy; read first time and
referred to committee on naal affairs. A bill autho-
rizing County Courts to levy tax was taken up and
after considerable discussion was amended so as to
read " Courts of Commissioners of Roads and Re-
venues. The engrossing of the bill was lost Mr.
Van Zandt gave notice that hu should move a recon-
sideration of the rote first taken. Mr. Jones of San
Patricio offered the following: "That the Secretary
of War and Navy be requested to furnish this House
with the amount of money received from the Yucatan
Government for services rendered by onr navy and
a detailed account of the manner in which said money
has been disposed of. Also a copy of the contract
if any exists between the departnv nt and the person
in whose hands one of the brigs of war is at preseut
placed. The war bill was again taken up. The
motion to strike out the second section cf the substi-
tute was lost the bill and substitute was then laid on
the table until Monday next Adjourned.
Monday July 11.
House met quorum present Mr. Jones of Gal-
veston by leave introduced a bill to amend the laws
regulating patent rights; on motion bill nassed final
reading. The bill to regulate sales by judgment of
fronate lyourt sc. taken up and referred to commit-
tee on judiciary. Meaage received from the Presi-
dent staling that Gen. Felix Huston had resigned
but resignation not accepted referred to committee
on militiry affairs. Mr. Mayfield introduced a joint
resolution requiring the President to accept the re-
signation of Gen. Felix Huston Ac; referred to
committee on military affairs. Adjourned.
House met quorum preterit. War question taken
up; suVstitute offered by Mr. Mayfield rejected. Af-
ter some amendments the substitute was adopted.
The main quesion being the engrossment of the bill
the ayes and noes were ealkd for and stood ayes
21 noes 14. Carried and bill ordered to be engross-
Tcesbay July 12.
House met quorum present Committee on Pub-
lic Lands made a report and recommended the pas-
sage of the bill with amendments in relation to
emuTOBta. Received and laid on the table. War
bill read third tknc
Ayes and noes on the final pas
sage oi the bill Ayes. Messrs. Bower. Caldwell
Cooke Dancy Daniels Dennis Fowler) Grimes
Head Homer Jones of Gonzales Jones of San Pa
tricio Lackie McConnell Neibling Parker of
Houston Raymond Roberts Usher Van Zandt and
Wynn 21 Noes: Speaker Brown Darnell For-
bes Hewett Jones of Galreston Latimer Mayfield
Parker of Fort Bend Patilfo Pennall Robinson and
Wood 14. Carried. Mr. Mayfield gave notice that
he would protest against the passage of the bill in
consequence of the vast and extraordinary combina
tion of powers vested in the President nndthenncon
4titmional features of the bill. Mr. Williamson gave
notice that he would present bis protest also. Mr.
Mayfield introducedjgfiift resolution to rran equip
ana fit out tbeunsjlrred t0 naval committee.
Mr. Jonqppf.Galvestori ifnrroduced a bill prescribing
in whjutiaajnier non-resident defendants and unknown
beinXjyFbjPmade parties to suits &c. Committee
on raiDSrVaffairs reported that the predatory dis-
missal by the Secretary of War of Mr Williams from
the service of the Republic without a trial according
tokr was in violation of law and the rights of said
Williams as an officer; also that 1'nte'Wictriig him
from again entering the service was an assumption of
power not only not delegated by the Constitution but
subversive to the existence of free institutions; there-
fore the committee report a joint resolution for the
relief of Capt. A. Williams: read second and third
times. Ayes and noes on lis passage ayes 27 noes
bill passed. Adjourned.
House met Bill concerning emigrants &c after
considerable discussion passed its third reading. A
bill concerning impost duties taken up. Several mo-
tions for amendments were made but it was ordered
to be engrossed and finally passed. Adjourned.
To reduce into onr and amend the several Acts con-
Skc. 1. J5e it enacted !? tht Senate and House
of Representatives of the Republic of Texas in Con-
gress assembled That from nfld after the rising of
every court it shall be the duty ofihe clerk to tax the
co?ls of suit in every case incurred by the successful
party ana issue cxecuuon. cnaorsmg tnejeon me sev-
eral items contained in the bill of costs in intelligible
words and figures.
Sec 2. Be it father cxasted. That it ebalLbe the
duty of the clerks of the several courts of this Re
public to keep an execution docket in which shall be
entered the names of cases the time at which execu
tion issued the amount therefor to whom and when
delivered and the return which may be made there
on by the sheriff or such officer as may receive the
execution : which said docket shall be subject to the
inspection of any person interested at any time when
required: and any clerk who shall fail to keep such
a docket or shall neglect to make the entries shall be
liable to a fine of one hundred dollars to be recover
ed by the party complaining by motion before the
court three day previous notice being given there
Sec 3. Be it further enacted That should the
defendant many judgment of the court be about to
remove his or her property from the county in which
judgment may be Tendered and before risiog of the
court the court shall order execution to be immedi-
ately issued upon an affidavit being made and filed in
the court to that effect
Sec. 4. Bt it further enacted That all execu-
tions shall be made returnable on or before the first
day of the the next term of the court except in jus-
tices' courts iu which they shall be made returnable
in sixty days; and the defendant or his agent or at-
torney in all cases shall have the right to designate
the property to be levied on; provided said property
shall be in the county where judgment shall have
been rendered or to which execution may be issued:
and if the defendant his agent or attorney shall fail or
reluse to designate the same it being his own proper-
ty then the levy shall be made in the following man-
ner: first on personal and moveable property then on
uncultivated lands then on slaves and lastly on im-
plored lands or homestead of the defendant
Sec. 5. Be it further enacted. That whenever any
property shall have been seized by virtue of an execu-
tion it shall be the duty of the sheriff or other offi-
cer to advertise the same if it be personal property
at least ten days at three public places in the county
one of which shall be at the place where the property
is to bo sold: if it be slave or land twenty days by
advert-.sement posted up one at the court-houseof the
county: provided that all sales of lands and negroes
shall be made at the court Louse door of the county
in which the sales takes place on the first Tuesday off
the month between the hours of ten o'clock A. M.
and A P. M.; and prodded further that all other
property may be sold on the premises where ii is seiz-
ed in execution.
Sec. 6. Bs it further enacted Tliatif. on the sale
of the property more monev is received than is suffi
cient to pay the amount of the execution or execu
tions in tne nands ol the sneriff or other officer the
surplus shall be immediately paid over to the defend-
ant his agent or attorney.
8ec. 7. J5e it further enacted That whenever an
execution is levied upon personal property or slaves.
the defendant shall have the right to retain the pos-
session of the same upon giving bond with good se-
curity payable to the plaintiff in double the amount
of debt and cests conditioned for the delivery of the
property to the sheriff or other officer on the day of i
Sec. 8. Be k further enacted That if the defend-
ant shall fail to deliver the property so bonded it shall
be the duty of the sheriff to return the bond to the
clerk of the court from which execution issued as
aforesaid and endorse thereon orirtfi; whereupon
said clerk shall issue execution against the principal
and sureties on the bond for the amount of the debt
and costs upon which said execution no delivery-
bond shall be taken ; which fact shall be endorsed by
the clerk on the execution.
Sec. 9. Be it father enacted That it shall be the
duty of the sheriff to endorse on each execution the
day on which it came into hit hands and. if he re-
ceived more than one an the samr day and against
the same perron ht shall number tbcm as received;
and on failure he ehall be liable to pay twenty per
cent enthenmount ui the exec utron. torrthcT with
such damages as the praintifiT in execution may sus-
tain by such failure to number to be recovered by
the plaintiff from him and h sureties by motion on
giving three days notice that a motion will be made
to that purpose.
Sec 10. Beit further enaclid That should any
sheriff or other officer fail or refuse to pay over
money collected under an execution when demanded
by the person entitled to receive the same shall be li-
able to pay ten per tent per month on the amount so
collected besides interests and coals which may be
recovered of him and his sureties by motion before
the court from which said execution issued three days
previous notice being ciren.
8xc. 11. Beit further enacted That it shall be
the duty of the sheriff to keep securely all property
levied on by him for which no delivery-bond has been
given; and if any loss should result to any party in-
terested by his negligence he shall be liable to pay
the value of the property &o lost and ten per cent da-
mages thereon to be recovered by the party injured
before any court ofcompetentjurisdiction three days
previous notice thereof being given.
Se& 12. Beit further enacted. That whenever
final judgment shall be rendered by any of the courts
of record of this republic it shall onerate as a lien on
all the real estate of the defendant situate and being
in the same county where the judgment is rendered
from the day of the date of the iudpment: vrovided.
that said lien shall cease to operate if execution be not
issued out within twelvemonths from the date of the
Sec. 13. Beit further enacted. That when iud
ment shall be obtained before the Supreme District
ITAMnftr fr Tueftf-a' Pm.i. .rI. T3..... .!.!:
debtor damages and the person a train st whom such
judgment shall be obtained shall not have sufficient
property witbin the county where the judgment shall
be rendered to satisfy the execution of the plaintiff it
shall be lawful to issue execution to the sheriff or
other legal officer of any county in this Republic
where the defendant may have property; which said
sheriff or other officer to whom said execution may
be directed is hereby empowered and required to serve
and execute the game and shall make return thereof
to the couit where the judgment was rendered . pro-
tided that executions from justices' courts when
'sent to a different county from that in which tbeyare
I iuiiJ .shall be accomrvmipd hv rrtifict unrlnr
issueO. snail be accompanied bv a certificate under
seal of the clerk of the county "court that the officer
issuing the came is a justice ol the peace.
Sec. 14. Beit further enacted That whenever
a judgment shall bave been rendered by any court of
of this Republic if the plaintiff his agent or attornay
shall make affidavit before the court orclerk thereof
in which judgment was .obtained that the defendant
or defendants hath or have no property within the
knowledge of such affiant in his or their possession
of which the debt can be made and that such affiant
has just reason to believe that another person or per-
sons is. or arc indebted lo said defendant or defend
ants or hath or have effects of such defendant orde-fcnd.-nts
in his or her hands it shall be lawful for
the court orclerk to cause the person or persons
supposed to he indebted to or supposed to hare any
effects of said defendant or defendants to appear at the
next term of such court as guarnishee or guarni-
sheca; and said court shall examine and proceed
againstsaid guarnishee or guarnisliues ititncaiiie
manner as prescribed by law eainst guarnishces in
Sec. 15. Beit finkcr cn-icled. That if aiiv per-
n shall bid off nroprrty.at any sale made by virtue i
of aft execution ...id ?ha!l fiil to comply with the
terms ol the same he 3i..'! be iiabie-to pay to the
plaintiff or plaintiffs -n cvcition twenty per cent
on the value of the prope-n- thus bid off besides costs
to be recovered before tho curt whence the execu
tion issued by the motion three days previous notice
being given to htm or her that such motion will be
made; and should the property on a second sale
bring less than on the former he shall be liable to
pay to the defendant in execution all loss which he
sustains thereby to be recovered as above in this sec
Sec. 16. J?ej father enacted That when the
terms of the sale snMl not be complied with by the
bidder the sheriff shall proceed to sell the property
again on the same day ii there be sufficient tune;
butifnot he shall re-advertise the same for the nest
succeeding regular day of sale.
Sec. 17. Be it further enacted That upon the
day of sale the plaintiff may choose one and the de-
fendant another appraiser who after being duly
sworn by the sheriff shall proceed to appraise the
property levied on at itsiaircasn value: and. incase
said appraisers shall not be able to agree they shall
chooin an umpire who after beine duly sworn in
like manner shall proceed to decide between them;
but if either party fail to attend or make his selection
either in person or by agent it shall be the duly of the
sheriff to appoint an appraiser or appraisers for the
absentee or absentees. The appraisement shall be
reduced to writing and signed by the appraisers or a
majority of them: the gEeriff or other officer shall
then proceed to offer the property eo levied oh and
appraised for sale to the highest bidder for cash; and
if tha highest sum so bid docs not amount to two-
thirds of the valuation made by the appraisers there
shall be no sale: provided that if the property so le-
vied on and appraised be personal property orsla ves
the defendant shall give bond. as specified in the sev-
enth section of this act conditioned for the delivery
of the property to the sheriff or other officer whenev-
er thereto required andthat he shall not in the mean
time remove said property out ofthecounty in which
said levy is made.
Sec. 18. Be it father enacted. That when any
defendant shall fail or refuse to give bond ns hereto-
fore provided or when the property levied upon shall
be clearly of a wasting or perishable nature and
likely to be destroyed by keeping it shall.be lawful
forthe Chief Justice of the county in which such levy
ismade on the application of the sheriff or" either ofj
me parties supported ny tne amaavu oi some creu-
ible person to order such property to be sold after the
notice on a credit of nine months for whatever it will
bring the purchaser being required to give bond
with good security for the purchase money payable
to tke plaintiff which bond shall bo returned bv the
sheriff or other officer to the clerk's office o"f the court
irom nicn tne execution lisucn. am iiian nae hi
force and effect of a judgment ; and if at the maturity
of such bond it shall not be punctually paid execu-
tion shall issue thereon against both the principal and
securities upon which the clerk shall endorse that
"no appraisment shall be had and no security of any
kind shall betaken;" and the sheriff or other offi-
cer by virtue of such execution shall proceed to seize
and sell sufficient property to pay the amount thereof
for cash without appraisment
Sec. 19. Be it further enacted That in case there
beno sale of property taken in execution as contem-
plated in the aerentecnth section of this act it shall be
lawful forthe sheriff or other officer after the expi-
ration cf three months to procede to make a second
levy upon suan property as the defendant may point
out to him not being the same lened opon in the first
instance; and in cae the property so levied upon in
the second instance shall not bring two-thirds of its
appraised value then it shall be lawful afur the expi-
ration of three months from the last mentioned sale-
day for the plaintiff in execution his agent or attor-
ney to designate such property of the defendant aa
he may think proper to be levied on and if the pro-
perty so pointed shall not bring its full appraised val-
ue there shall be no sale: and it shall not be lawful
for the sheriff or other officer to levy the same exe-
cution upon any property of the defendant for the
space of twelve months thereafter after which time-
tbe plaintiff may aeain point out property to be sold
under the provisions above specified in cases oi prop-
erty pointed out by plaintiff: provided that each levy
and salo of property pointed out by the plaintiff shall
be at his own expense.
Sec. 20. Be it further enacted. That the provis-
ions of this act shall apply to all sales under execution
whether by sheriffs coroners or constables except
wles for publicc due? which shall be positive with-
Sec. 21. Be it farther enacted That tho provis-
ions of the seventeenth eighteenth and nineteenth
sections of this act shall apply only to debts and other
legal liabilities contracted and incurred prior to the
first day of March next; and that all salts bv virtue of
executions issued on judgments founid ordt-bti- sr.i
other legal liabilities contracted or irxarred after tr.s
first day of May next shall bt made for cash with-
out appraisment; and the clerk or oth-r officer nsr-
ing any execution sbnli endorse thereon whether the
sale shall be made with or without appraisement
Sec. 22. Be it further enacted That when a sale
has been mado and the terras thereof complied with
the sheriff coroner constable shall execute and deliv-
er to the purchaser conveyance of all the riiiht ti
tle interest and claim which the defendant ic execu
tion had in and to. the propcrtv sold.
Skc. 23. Be it further enacted That if any sheriff
or other officer shall fail to make return of any exe
cution received by him on the day and at the place
the same shall be made returnable or shall neglect or
fail to make a levy when :n his power so to do being
thereto required by the plaintiff or shall fail to adver-
tise and offer for sale as required by law. any prop
erty levied on by him he shall be liable to pay to the-
plaintiff in execution the full amount of tha debt in-
terest and costs to be recovered against such sheriff
or other officer and his sureties by motion many
court having jurisdiction thereof "by giving three
days notice of such motion.
Sbc. 24. Be it further enacted That an act enti-
tled an act to repeal and amend certain parts or por-
'lonsoi an act. entitled "An Act conccrnm? .xccu-
lions" approved twenty-second December one tbou-
sand eight hundred and forty be and the came are
hereby repealed; and thnt nolhin? in this act contain
ed shall affect any law heretofore passed exempting
property from execution.
Approved 27th January 1S42.
THE DIVINING ROD.
The art of discovering water courses under the sur-
face of the earth by means of a green rod or wand
newly cut from peach hazel or cherry tree has been
known in Europe for severcl years." It is said th
discovery was made in Germany but by whom is
unceitain. Until a very late period it has been con-
sidered an imposture and ranked with the arts of ma-
gicians and other vain pretenders to mysterious
powers. This opinion of the power of" the divining
rod" or " magic wand." as it has been termed has
undoubtedly arisen from the fact thai in the hands of
many persons the action of the rod is wholly imper-
ceptible whilst in others the attraction of the water
especially if it be near the surface and the vein large
is surprisingly great When the wand is of a brittle
nature the attractive power is so forcible as frequent-
ly to break it
From numerous experiments made in France
since the commencement of the present century by
Thouvencl and other men of science the claim: of
the divining rod are found to rest upon well knuwn
material powers. The art of finding water by its
means is well established and promises to be of greet
utility to our country. The theory explaining the
phenomena of the "magic wand" supposes that the
water forms with the earth above it and the fluids of
the human body a galvanic circle. This circle is
more or less perfect as the state and condition of the
body of the operator qualifits it to be a better or worse
conductor of the galvanic fluid. The human bod
is one of the best conductors yet discovered and wrak-
ly or debilitated persons are said to be better conduc-
tors than persons in sound health and the attraction
is greatest when the skin is wet particularly tho
hands and srms. Salt water or a weak solution of
the muriatic acid nre the beet fluids for moistening
the skin. The effect will be increased if the opera-
tor be barefooted his feet and hands having been pre-
viously wetted with either of the aforesaid fluids but
if he have silk gloves or silk stockings on the rod-
will not be suspended by an electric or in immediate
confact with an electric no attraction will be felt.
and the degree of attraction varies as any substances
lying between the water and the band of the opern'or.
are more or less adapted to conduct the gnlvanc " - :j
Such arc some of the facts stated by .:! :a or.iN
aubject but of the reality of the power. -ino.tei -
"the divining rod." we now need no fori-r- la'-'r.-'
rilies to carry conviction to every intelligent mind
We have in this city several operators men of the
most unquestionable charactefjjvhose powers. hnv.;v
been tested by the severest scrutiny and rcho h.vc
nc-cr failed to ronxince 'lie niof incv''iiPi' 'U'S
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De Morse, Charles. The Northern Standard. (Clarksville, Tex.), Vol. 1, No. 5, Ed. 1, Saturday, September 17, 1842, newspaper, September 17, 1842; Clarksville, Texas. (texashistory.unt.edu/ark:/67531/metapth80456/m1/1/: accessed January 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.