Texas State Gazette. (Austin, Tex.), Vol. 2, No. 49, Ed. 1, Saturday, July 26, 1851 Page: 3 of 8
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demonstrate beyond a floubt tho. entire practicability of its removal nt
u cost considerably within the estimate niado by the United States
Engineers if the necessary means we're afforded the Directory. 'Com-
posed as this body is of men of the highest character and deeply in-
terested in the completion of the work no man need feel any want of
confidence in their honest and judicious expenditure of the money
placed at their command. It is but little more than three months un-
til the Legislature meets. nud it is of vast moment to the city of Aus-
tin that this enterprise should by that time have progressed so far as Jo
give that body an.earncst of its practicability in order to induce them
to 'lend the necessary aid to say nothing of the influence of such re-
liable facilities upon thcit legislation in referenco to providing by law
for. works necessary at this point for public poinfort ond convenience.
(EP" A private letter from the Rio Grande to the editors of this
paper says that in Stair county the vote will be divided for Governor
between Bell and Greer and that in Cameron countv it is believed
Greer will get a majority. The same letter says" Until Lewis an-
nounced his name as a candidate McLeod would have got out here
almost tlio entire vote In Starr county the vote will bo almost
equally divided between McLeod Lewis ond Howard ; in the other
counties of the Rio Grande Lewis will take but few votes from Mc-
Leod. For Lieutenant Governor the vote will be divtded ptctty
equally between Kecuan and Ward. Crosby for Commissioner of the
Land Office will get almost an unanimous vote throughout this re-
gion of the State so far as my observation and information extend."
Q5?- The Paris Star of the flth hist. contains the circular of Hon.
William M. Williams who is a candidate for the State Senate in the
district of Lamar and Fannin und the circular of Dr. Coles candidate
for Representative in Lamar. From the very excellent circular of
Maj. Williams we copy the following extracts :
" I will if elected advocate the immediate payment of our debt ac-
cording to the scaled value affixed to each class by the Auditor and
Comptroller under the act of 1848. Texas by the compact of an-
nexation became the trustee between the Republic and unappropria-
ted lauds in trust &c and I cannot suppose a case either in law
equity or good morals which would justify a trustee in withholding
from his principal the proceeds arising from the salo of mortgaged pre-
mises. " That wo will have a surplus after paying our debt all admit.-
Then let us divide it into two moieties one to constitute a perpetual
fund the interest arising rorn it to bo applied to purposes of educa-
tion. And the interest arising from the other to constitute a fund to
be applied to internal improvements but leave thedisposition of the
principal constituting the funds to a future Legislature when the vo-
ters of Texas will be prepared to decide whether it will be better to
hold the bonds of the United States and draw the 5 per cent interest
or sell them and invest the proceeds in Rail Road or other State
" I expect to continue to advocate the Indian policy heretofore re-
commended when acting as Chairman of the Committee of the House
of Representatives on Indian Affairs i. c. 'establish a cordon of posts
from Red River to the Rio Grande above El Passo' remove all In-
dians no. v south of that line north of the same and compel them to
remain tlisre. And instruct our senators in the Congress of the Uni-
ted States to procure an appropriation to improve the navigation of
Red River" . . .
Law and Widowhood.
The report of a case is before us in which two of the judges of
Pennsylvania have presented opinions directly adverse upon a ques-
tion of no small interest in itself but more directly so in view of the
terms employed by each in the delivery of his opinion. The case is
that of the Commonwealth vs. Stoufl'er. A testator devibed his real
and personal estate to his wife provided she remained a widow for life ;
but incase she married again she was to " leave the premises." The
widow married again and an action ensuing Judge Lewis held that
audi a devise is a condition in restraint of marriage and void. This
opinion Judge Lewis enforced by the following pertinent remarks :
" The principle of reproduction stands next in importance to its
elder born correlative self-preservation and is equally a fundamental
law of existence. It is the blessing which tempered with mercy the
justice of expulsion from ParadUc. It was impressed upon the hu-
inaii creatior by a benificent Providence to multiply the images of
himself and thus to promote his own glory and the happiuess of his
creatures. Not man alone but the whole animal and vegetable king-
dom arc under an imperious necessity to obey its mandates. From
the lord of the foiest to the monster of the deep from the subtlety of
the serpent to the innocence of the dove from the elastic embrace of
the mountain Kalniia to the descending fructification of the lily of the
plain all nature bows submissively to this primeval law. Even the
Uowers which perfume the air with their fragrance and decorate the
forests and fields with their hues are but curtains to the nuptial bed.
The principles of morality the policy of the nation the doctrines of
the common law the law of nature and the law of God unite in
condemning us void the condition attempted to be imposed by this
testator upon his widow."
The Chief Justice differed with Judge Lewie and the two jurists
are at this moment candidates on the same ticket for the supreme
bench ; this has added something to the general interest of the ques-
tion. The Chief Justice reversed the decision of tlie lower court and
encountered the opinion of Judge Lewis with among others the fol-
lowing sentiments :
" I know of no policy on which such a point could be rested ex-
cept the policy which for the sake of a division of labor would make
one man maintain the children begotten by another ! It would be ex-
tremely difficult to say why a husband should not bo at liberty to leave
a homestead to his wife without being compelled to let her share it
with n successor to his bed and to use it as a nest to hatch a brood of
etrangers to his blood."
Without assuming to express an opinion as to the true doctrine on
the subject we nevertheless incline to sympathise at least with the
views of the Chief Justice. Judge Lewis' rhetoric is certainly fine
but to say nothing of its taste we think it very unsatisfactory as an
argument. Arguments drawn from analogy are generally at best in-
1 conclusive presumptions and they fall far short even of this where
their foico and important are overruled or where a parity is presumed
to oxist between tho metaphor from which they are drawn and that
to which they are applied. This species of argumentation might be
bandied about and applied in too mauy different ways all equally legit-
imate and &omo of them in very odd contrast with the use his honor
uas hero niado of them .
rr5 John M. Gibson. Esq.. has sold his interest in the Galveston
Journal arid retired from the editorial control of that paper. The
Journal will in future bo conducted by Mr. Cherry. Mr. Gibson in
his retirement has our best wishes for his prosperity.
OCT We notice by the last Delta a rumor of the resignation of
Daniel Webster as Secretary of State.
0 Tho immense advantage of the fugitivo slave law to the South
may bo estimated by the cost in a single instance of tlio rccovpty of a
runaway slave. To recover the famous slave Sims Mr. Potter of
Savannah his owner paid 2000 ; tho city of Boston and tho autho-
rities of tho General Government about $10000 eaph in putting
down ttie mob and enforcing the law ; making tho wljole sum pajd
for the recovery of one fugitive. Uocnty-two thousand five hundred
dollars! Tho negro was probably worth 800.
0- Thompson's Bank Note Register says there is n considerable
cheat in the three-cent piece issucd-by tho Geitcral Government under
the provisions of tho now Post-office law. It is (says tho Reporter!
somewhat thinner and smaller than a half-dime and While new has
the appearance of silver with Hither n slippery feeling ; 3333 f of
these pieces ma'ke a hundred dollars and contain 83 33 of silver
leaving a profit in the hands of the Mint of 1G G7 on every 83 33.
A dead swindle of full 10 per cent. " God save tho Republic.
05s The State of Mississippi is deeply convulsed by the political
contest waging within her borders. Tho candidates for Governor are
Gcu.y John A. Quitman Democratic State Rights and Hon. Henry S.
Ihe candidates for
Foote Cousolidatiouist and apostate democrat.
Congress in the several districts are as follows :
Democratic State Rights. '
1. Jacob Thompson
2. W. S. Featherston
3. William Mc Willie
4. A. G. Brown.
Joseph Bell - '
R. Griffith ' '' ' '
George T. Swann
A Judge of Probate in Minesota Territory to whom a United
States sokfior at Fort Snelling recently made application for a dis-
charge on the ground that ho could not find suitable quarters at the
Fort for his wifo. erauted the discharge and held that if the govern
ment enlist a husband it must provide suitable accommodations fori
the wife ; also that eveVy enlisted soldier may have a wifo provided;
JotaaK C Standard ' ' - ' " J
Rev. D. B. Nabers
John A. Wilcox.
John D. Freeman
A. B. Dawson.
James A. Home.
David R. Russell. '
1 ' t i
Tarrant County July 7 1851.
Editors of the Texas State Gazette:
I have just returned from an expedition to the Upper Cross Tim
bers. Whilst in that region I had the pleasure of meeting with Gen.
Belknap on his return from the Upper Brazos! The General went
out in May with two companies of Infantry to make a reconnoisance of
the country and to select sites for a line of military posts to be estab-
lished from the Arkansas frontier across to Don Anna on the Rio
Grande about fifty miles above El Paso. Gen. Belknap has determin-
ed upon the following points to be occupied: No. 1. At the Wild-
horse Crossing of the False Washita river. No. 2. In tho United
States Indian Territory a little north-east of the mouth of the Little
WiehitOi No. 3. Twenty-five miles above the Upper Indian Villages
on the Brazos and fifteen miles below Captain Marcy's crossing of
that stream. No. 4. On the Pecan Bayou and No. 5 at the head of
the Concho on the road from Austin to El Paso. The last named
point is as far as Gen. Belknap's corrimand will extend. It is a very
important station as it is a place of general rendezvous for the Indians
on their excursions to the Mexican country ; and is also a general rest-
ing place for parties of our people bound to or from El Paso.
The posts on the Washita and Brazos are now occupied and forces
are on the move from Preston on Red River where has been estab-
lished a depot with a large amount of supplies to occupy the other
I think that much credit is due to Gen. Belknap for the promptness
which he has displayed in accomplishing this movement. He had re-
ceived the order from Washingtdn scarce a month when his teams
which had to be hunted up and every thing else was in readiness and
ho was on th(j move. The reconnoisance has been made and with In-
fantry at that and two of the posts established and occupied since the
order was issued from the War Department. In this movement Gen.
Belknap has fully sustained the high and well deserved reputation
which he has heretofore won for energy and decision of character.
The establishment of this line of posts under the command of such
an officer as Gen. Belknap is will soon secure peace and quiet to our
frontier. The General's views are I think entirely correct as to the
proper course to be adopted for the control of the Indians and the pro-
tection of the frontier. He thinks as every other sensible man must
who knows any thing of the matter that it is ridiculous to keep troops
lounging about in the settlements and expect that they will restrain
the Indians and give protection to tho frontier settlers. The General
will advise the breaking up of tho worse than useless stations at Tow-
son and Washita and also that the troops so long kept useless and in
some instances to the great annoyance of ohr people scattered.about
within our settlements be concentrated upon a much shorter line in
tho vicinity of the Indians to restrain them by their presence and near
enough to strike if it become necessary to do so.
Tilt late Secretary of War Mr. Crawford and the present gentle
manly and prompt head of that department Mr. Conrad have been
much and very unjustly abused for not pioperly providing for the de-
fence of our frantic. Mr. Crawford placed upon our frontier thirty-
five companies of troops twenty of Infantry four of Artillery six of
Dragoons and five of Rangers. A hundred rangers gave protection to
our frontier before annexation and it is absurd to contend that thirty-
five companies of well appointed troops cannot do so now if they
were properly stationed and efficiently commanded. That protection
has not been given to our frontier has been the fault of the officers in
command and not with the War Department. In addition to" the
thirty-five companies now in Texas Mr Conrad has added ten more
and ordered the establishment of a line of posts where they can avail
something. The force now in Texas without counting those on the
Upper Rio Grande near El Paso therefore amounts to forty-five com-
panies or four Regiments and a half. The reproach must bo with
those in command upon our frontier if the few Indians are not restrain-
ed and kept iu check with a force greater than that with which the
Mexican army was defeated at Palo Alto and Resaca de la Palma.
I hope the public press of our Stato will cense their censure of the
Secretary of. War who can make no reply and hold responsible those
nearer at home who are really to blame. Our frontier has been neg-
lected inexcusably neglected : the neglect however has not been
on the part of th3 Secretary of War but with the Indian department;
and especially has ouij own Executive failed to meet the just expecta-
tions of the frontier settlers by whom ho was elected with the full
belief that nothing would be left undone on his part that could be ac-
complished for their relief and security. I repeat that ho has failed to
meet our just expectations either iu seeing that the military and In-
dian Agents stationed upon our frontier did their duty in' defending
our State and our citizens against their official misrepresentations or
by doing his duty in carying out tho requirements of the Legislature
in demanding and insisting upon the removal ot tho northern Indians
from within the limits of our State and their return prevented. Had
our Governor promptly and properly carried out this requirement of the
Legislature and witl energy and decision insisted upon a proper dis-
position of the troops and an energetic and faithful administration of
the Indian Department we would have had peace long since upon our
frontier. When our own Executivemanifests such utter indifference
upon tho subject what can we expect from strangers have we a
right to complain of tho authorities at Washington or of any ono else
uiitil he whose peculiar duty it is to look to our interest has done
his duty? I think not. Let our Governor the Indian Agents and
the officers in command upon our frontier be first held responsible and
when they have done their part faithfully and efficiently and the force
furnished by tho Wur Department is proven b bo inadequate and
more is refused then it will bo time cnoughito consuro tho head of
that department. ;; J j ' : 'j TfiU
Lt. Selden who accompanied Gen. Bolfenap kindly furnished mo
with tho distunces from iPreton to the .now post on tho Brazoa) as
measured by him on tlio' outward' trip. From: Preston to tho Lower
Cross Timbers nineteen miles through tho timbors eighteen miles
to the Upper Cross Timbers seventy-one miles through tho timber
thirteen miles from tho Upper Crow Timbers to the Brazos eighty
miles making in all 104 miles from Preston to tho new" post.
Gen. Belknap says ho never saw finer lands any where than from
tho Cross Timbers to tha Brazos and that tho country at and around
the post cannot bo excelled for fertility of soil or picturesque beauty.-
The river bottoms aro extensive mostly prairie and exceedingly rich.
Stone coal of superior quality the General ays is very .abundant in
tho immediate vicinitv of the post and also that there aro immense
cliffs of white granulated and radiated gypsum and an abundance of
fine building stone. Tho General took out ploughs and ' teams with
him aud left them breaking up land to bo cultivated n a farm by the
soldiers until citizens can settlo in and supply them with brcad-stuff
and forage. A FRONTIER CITIZEN.
For tho Stato Gazette.
Messrs. Editors : Each of the newspapers published in San An-
tonio on tho 17th iust. contains an editorial in relation to the election
of Judges of the Supremo Cpurjt. The similarity of sentiment in the
two articles indicates very clearly that they were both writteriby the
same hand or by persons after consultation upon tlio subject. Whether
they were or not" is unimportant. The only matter worthy of con-
sideration is tho validity of tho objections made to Judge Webb.
Neither paper objects to him for the want of honesty or capacity.
None will deny to him the most exalted character as a gentleman
the strictest integrity with tho most extensive legal acquirements
These I supposo would bo in tho main matters for consideration in
the election of a Judge. Notwithstanding these qualifications aro
universally conceded to Judge Webb the Ledger says that " to change
our Supreme Bench at the present time would be ruinous in the ex-
treme to litigants and would unsettle our entire judicial policy."
How the election of Judge Webb could be productive of such dis-
astrous consequences I anl at a loss to conceive and the enlightened
editor lms not condescended to inform us It is left to the editor of the
Texan to inform the people how they would be produced. Wo are
informed by that paper that "if Judge Webb should be elected (and
he is the only opponent) it would indeed cripplo the Supreme Court
to an extent the people are hardly aware of. Many of the cases now
on docket would have to be either re-argued or re-submitted on briefs.
Besides he is employed in most of tho cases and could not therefore
decide upon them thus reducing the bench to two Judges."
Many of the cases on the docket have been once argued. Would
the old Judges remember much better than Judge Webb what was
said in the argument of a cause two years since ? It is but little
trouble to re-submit a cause upon briefs already on file.
Not more than one case in five in the Supremo Court requires an
oral discussion ; and not more than one-third of the cases eVer receive it.
A re-argument of any important cause would not likely vdo harm if
all the old Judges should be elected.
It is true that Judge Webb has a largo practice in tho Supremo
Court ; yet he is not employed in most of the caoes or even in half
the cases in the western uistnot. in the cases in which hes em-
ployed he could not sit ; yet no person could object except the. parties
to the cause and his election might safely be left to tho decision ofcthe
parties to the very cases in which ho is engaged as counsel. vt
The election of Judge Webb could not delay the decision of the
causes in the court. Causes which have been pending for a number of
terms have been argued and remain to bo decjded ; and when they
will be decided no man can tell No man has been hardy enough to
assert that the election of Judge Webb would in any respect detract
from the talents learning or morals of the Bench. That his election
would " cripple the Supreme Court" " be ruinous in tho extreme to
litigants or unsettle our entire judicial policy" is a mere fancy in the
brains of those who can bring no other objections to bear against him
and who know nothing or but little about what they write A
A Speck of War
Several persons who have lately visited ihe towns of Santa Rosa
Morelos and the Presidio for the purpose of re-capturing runaway
slaves have returned and report 'that the fugitive slaves are harbored
by the Mexicans and in some instances force has beenused to prevent
our citizens from re-capturing these slaves. This has so exasperated
many of the Settlers at the west that they are determined to raise 3
force sufficient to overpower ail opposition and re-capturo their slaves
at all hazards. At the last accounts a large party of armed Texiana
had assembled near Presidio and threatened to attack the town if the "
fugitive slaves were not given up. It is intimated that there aro not
less than two thousand fugitive slaves m the Mexican towns between
the mouth of the Rio Grande and Presidio. In Santa Rcsa there are
forty fugitives who escaped from ono plantation in Arkansas. The
owner of them has made many efforts to induce them to Return to Ar-
kansas but in vain. Thpy boast that they are in a free country and
permitted to enjoy equal privileges with the Mexicans. We have been
informed that about two hundred fugitives from Texas crossed at one
of the principal ferries on tho Rio Grande during the last two years.
It is evident that these things will not long be tolerated by our citizens
and unless some measures are adopted by the government to prevent
tho mischief the citizens will arm themselves and make a foray upon
the Mexican towns to recover their property. Wo have much reason
to fear that difficulties of a very serious character are springing up on
that frontier and unless a fugitive slave treaty be concluded with Mex-
ico another war may ero long be inevitable. We are informed that
a company of ninety men well armed and equipped will soon bo
marched into Santa Rosa if certain slaves are not given up ; and we
should not be surprised if five hundred or a thousand men should fol-
low them should they meet with opposition from the Mexican author-
ities. Our information is derived from such respectable sources that
wo think there can be little doubt that difficulties are brewing on our
western frontier that may prove far more serious than those relating
to the Cuban invasion. It may be well for thergovernment to look
well to this subject and lake timely precautions to prevent another
rupture with Mexico. Houston Telegraph.
Vaiuo Given to Cottei is its TraBsferaatlois
The enormous value given to cotton in its various transformations
is shown in the article of lace of which there is at the London Ex-
hibition doubtless a richer display than tho world ever saw together
before. India France Belgium and England are vieing for supre-
macy in this manufacture. A manufacturer of Manchester furnished
samples of one pound of cotton spuu into 900 hanks of 840 yards
each making a distance in nil of 430 miles should the singlo thread
be extended to its utmost.
Another firm exhibited 1200 hanks of the same number of yards
each from a single pound of cotton. The first then exhibited one
pound of cotton spun into a thread 2000 miles long which shbws tho
perfection to which cotton machinery has arrived. Brussels Jaoo all
made from cotton is exhibited worth 200 sterling (1000) per yard.
A lace shawl made in Franco for the Duchess of Sutherland is exhi-
bited the cost of which is 1000 sterling. A bridal dress is shown
for which the owner wants 5000. Tho girl who wroughfnt it the
first-three years became blind from the heavy task it. put upoii- her
eyes. Jusjt think of simple handiwork eulmnoingthe ValuoTofljhH-
line's worth of cotton to $25lQV0.MHadefyhiavLeclger; -
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Brewster, H. P. & Hampton, J. W. Texas State Gazette. (Austin, Tex.), Vol. 2, No. 49, Ed. 1, Saturday, July 26, 1851, newspaper, July 26, 1851; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80989/m1/3/: accessed May 27, 2022), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.