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'JMSTATESMAN. C-Partacrhip Metier. The undersigned have formed a co partner ship, to be known as the Statesman- Publish ing Cojipaxt, for the purpose of publishing a paper in Austin, Texas, to be called the 'DEMOCRATIC STATESMAN," and tracg act Rich business as belongs to a publishing company. . ANTHONY DEFFENBAUGU, JOHN 8. MoEVVEN. BREDETT C. MURRAY. CHARLES II. DEFFENBAUGH, ASTIN, July 20, 1871. CB. M. PETTENQILIi CO., Advertising Agrafe, 3T Park Row, New York, are herewith au thorized to receive and receipt for advertisement!, eubecriptlons, etc for the Democratic Statzskas, 3TGK0EGE P. ROWELL It CO., Advertising AjenU, 41 Park Row, New York, are herewith au thorized to receive and receipt for advertisements, lubwriptions, etc., for the DimoOeatic Status. THURSDAY- NOVEMBER 0, 1371 President Grant has appointed the 30th of November aa a day of thanks giving. We wish it to be particular ly understood that no part of this thanksgiving will be rendered, how ever, for anything he has been instru mental" in working out. We earnestly believe, that hud no fraudulent registration papers been is sued to those who were not entitled to vote, and had no intimidation been used by Davis, his officers, and the po lice, and a fair return of ballots been then made, that the Democrats would have carried Texas by sixty or seventy thousand majority. Nothing positive is yet known in re gard to the giving of election certifi cates. Thot Clark will obtain one, seems the general belief ; which prob ably may bo the best in the end, as then the Democracy will have an op portunity of showing up the convinc ing proofs of the infamous election frauds practiced upon the people of Texas. We hear the speeches of represen tatives Evans and Robertson in the llousc yesterday, on the Governor's proclamation of martial law in Lime stone and Freestone couuties, spoken of in the highest terms. They were clear, argumentative and at times elo quent. The analysis by ex-Speaker Evans of the testimony on which the Governor acted in making the procla mation was a master effort cf the kind, and showed the speaker to be perfectly familiar with all the facts in the case. He demonstrated clearly and unan swerably that the Governor was not warranted by the facts, under the terms of the malitia law, in declaring martial law. The result of the vote shows that these arguments had their effect. The fact that so many emigrants arc coming to Texas from all the older SlateB and from Europe, is evidence that the Radical slanders against our people and persistent charges of law lessness and crime, are not believed by any body. If the half that has been published against the people of Texas by Radical officials, speakers and thci press, was believed, no emigrant ceuld be found fool-hardy enough to venture into our borders. The result of the last election, showing a Democratic majority in the State of from thirty to fiftv thousand, has doubtless had the effect to induce thousands of good, sub stantial emigrants to seek homes with us. - TThr-TL tKD-rcy-Kcfs entire control of the State Government, we may expect to see our State rapidly settled up. No other State or country offers such flattering inducements to emigrants, and the only draw bac heretofore has been the despotisms and misrule of the party now in power, A Contrast. When, in 1789, the militia of Mass achusetts were called out to suppress the Shay rebellion, one of the instruc tions given by Gov. Bowdoin to the officers in command, was: "Consider yourself in all your military xiffensive operations constantly as vxper the DIRECUTON OF THE CIVIL OFFICER." When, in 1871, the militia of Texas are called out, to satisfy the malice and hatred of the Executive agains the people of his State, the instruc tions given by Governor Davis to the officers in command are, to suspend the operation of the civil laws, inclu- ding the writ of habeas corpus, and to declare martial law instead; to depose the civil judicial officers and appoint provost marshals in their stead ; to close the courts of the country and substitute courts martial in their stead to levy and collect taxes not warranted by the Legislature; in short, to con sider themselves in all their offensive military operations constantly above and superior to the civil officers. "Ver ily Constitutional liberty is taking some mighty strides backwards. Un less arrested, who can tell what the end will be. Don Campbell's Deatli Tlie Proper course to Pursue. By the death of Don Campbell the Senate is left without a presiding offi cer, and its action will at once bo re quired upon this question. The follow ing views we give for the earnest consideration of all concerned: A Lieutenant Governor must be elected by the people. Don Campbell was never Lieutenant Governor, but simply President pro tempore of the Senate. Ftanagart was Lieutcuant Governor, and that office became vacant by his election to the United States Senate. The Senate never had the right to elect either Fountain or Flanagan Pres ident pro tern. The President pro tcm.,Don Campbell, always had the right to name a Senator to preside ovor the deliberations of the Senate, but the authority of the presiding officer 60 selected by the President pro tern, could not extend beyond an ad journment that is, beyond that day. The office of President of the Senate becoming now vacant by the death of Don. Campbell, the Senate must elect a President pro tern., and the Senator selected for that position becomes Gov ernor in the event of a vacancy in that office. Tbe VI pern. The Houston Union, in apparently candid tones, suggests that, the election being over, partisan discussions should abjure all bitterness and be conducted with the mildness appropriate to the discus -ion q. other subjects where men honestly differ in opinion. This would be very well, and would meet with a hearty second from us, if the alarming 'act was not plain to every good citU zen that wrongs, grievous wrongs, arc daily being inflicted upon the country by the faction of a party now tontrol- ing the State Government. These wrongs are so great that it becomes the duty of every good citizen and patriot to denounce them in the strongest terms tho English language affords. So long as every vestige of individual iberty is trampled on by a despotic power that respects neither due laws of God nor man ; so long as all the reserved rights of the people, guaran teed to them by the most solemn enact mcnts or the Constitutions ot me General and Stato Govenrments are set at defiance; 60 long as the military overrides and tramples underfoot the civil authority; so long as any portion of our State is suffering and agonizing under martial law, the suspension of tho writ of habeas corpus, and subject to the extortions of enormoun taxes not authorized by law; so long as any portion of our citizens arc being arrested without warrant or cause assigned, incarcerated in jail, denied the right of ball, and tried for offenses not known to the law, before a corrupt and mercenary court martial organized solely to convict; so long as these things exist in our midst and are per petrated under our immediate observa tion, it would be inexcusable in 113 to remain Bilent. It is the duty of every journal to speak in plain terms of de nunciation against these outrages, and to 6pcak of the perpetrators as tyrants, usurpers and robbers. No other terms will express the idea intended to be conveyed, or make known the facts. Well may the advocate and apologist of these infamies counsel the country to mildness, and advise the reference to them only in terms appropriate to be used in announcing the progress of a campmeeting or the condition of the crops in the country. During the canvass, the people were asked to either endorse or condemn tlm administration of E. J. Davis. We then dealt with the questions growin out of the issue before the country as we deemed right and proper, feeling that when the issue was decided at the ballot box, that decision would be a finality. But though the verdict was against Davis and his administration measures, there has been no relaxation of its odious and oppressive features On the other hand,maddencd by defeat, the party manipulators iu the Legis lature and the Executive department have increased their oppressions of the people and now goad them with greater wrongs. Even tho men elected are denied the certificates of the fact that thev were so elected. An infunruasijr corrupnrio of official usurpers; "pre sume to set aside the voice of the people and deny them their right to representation in the National Legis lature, by the men chosen by them for that purpose. While these things con tinue, we do not propose to remain silent, nor yet to seek for mild and honeyed words in our denunciations of them. So long as these high crimes are unblushingly committed, we will publish the crimes and the criminals, and arraign them before the bar of public justice, until by the return of law and order another tribunal will take jurisdiction oversuch offenses. Dead. It becomes our duty to announce the death of the Hon. Don Campbell, President of Senate and ex officio Lieu tenant Governor of Texas. The deceased was lorn in Alabama, iu the year 1830. He was educated and graduated at Knoxville College in 1849, and in 1858 moved to Texas, where he has since resided. He was an old line Whig of the Clay school. When tho question of secession was agitated, he took an active part against it. At the close of the war, when Ham ilton came into power as Provisional Governor, Mr. Campbell was appointed Chief Justice, which position lie held till the election of 18GG, and was also Postmaster in the city of Jefferson. Deceased was elected to fill the un expired term of the Reverend Mr Griggsby, member f the Provisional Convention of 18GS-9, and was prom inent for the nomination of Lieutenant Governor at Tyler, when Judge A. II. Lattimer was elected. He then became a candidate for the Senate. When the Legislature assembled in 1S70, Lieutenant Governor Flanagan having been elected to the Senate of the United States, deceased was chosen to fill the vacancy, and became Presi dent of the Senate and ex-officio Lieu tenant Governor of the State. The deceased was a man who, though always and ever voting and working for party, was yet able to so separate the gentleman from the poli tician, that he possessed the warm per. sonal friendship of the Senators of both parties, and was privately respected by all who knew him. Don Campbell was taken sick about ten days ago, with intlamatiou of the bowels, of which disease he died this morning, at about 3 o'clock. As soon as it was thought that his case was at all dangerous, his wife was telegraphed for and is now on her way across the country, and is expecttd to arrive to morrow. Our deepest sympathy is hers. A woman at a revival meeting in Ohio, becoming satisfied that "her jewelry was dragging her down to peruiuuu, gave it, an to a younger sister. The Government of Austria is con sidering the International Society question. Tlie Habeas Corpus Case, now Pending Before the Federal Court In this CHy, Seems to be attracting the public attention to a very great degree. This circumstance seems to make it proper that the Democratic Statesman should add its mite towards enabling the true principles involved in the case to be n nrim stood Lv its readers. In a free (mintrv. whoso theory is that the j . people the legal voters are the sov ereigns, and are to make and control the government, it must not only be proper, but absolutely indispensable that they become acquainted with their constitution jf government, and more or less familiar with its essential prin ciples and practical working. There should be no mystery or law craft about the subject, but all should read, study, qualify themselves for the dignified exercise of the great sovcreigu power which they claim and are often called upon to exercise. With this view, and under this impression we offer to our readers, in advance of its trial, a brief synopsis of the pending case as we understand its facts and principles. The applicant for the writ of habeas corpus in this case complains of being illegally "imprisoned contrary to the Constitution and laws of the United States, and asks the interposition of the Federal Courts, under the pro visions of the Act of Congress of Feb. 5, 1S67, which provides, among other things, that the U. S. District and Circuit Judges, "in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus, in all cases where any persons may be restrained of their liberty in violation of the Constitution, or any treaty of the United States," etc. This Act of Congress gives tbe Federal Court jurisdiction "in addition" to what it previously possessed. Be fore the passage of the act of 1SG7, "None of the courts of the United States have authority to grant the writ for the purpose of inquiring into the cause of a commitment where the per son is imprisoned under process issued from the State courts." (Hard on Habeas Corpus, 154, citing ex-parte Dorr, 3 Howard, 103, and the four im mediate subsequent cases.) The Act of Congress of March 2, 1833, although it greatly enlarged the powers of tho Federal Courts in cases of habeas corpus, yet limited the juris diction to "power to grant writs of habeas corpus to all cases of a prisoner or prisoners in jail or confinement, where he or they shall be committed or confined, on or by authority of law, for any act done or to be done, in pur suant ef a law of tho United States, or any order, process or decree of any judge or court thereof." (See 4 Stat utes at Lanre. G34. sec. 7.) So that j ' it is plain that the act of 18G7 gives the Federal tribunals general authority to enquire, by habeas corpus, into all imprisonments not warranted by the Constitution of the United States. Under these circumstances, the plain and simple question is presented rrbctliot tUo wt of Uie Legislature of tbe State of Texas purporting to em power the Governor to declare martial law in any part of the State at his pleasure, for the causes'set forth in the act, to arrest, imprison and try by courts martial all such citizens as he mav see fit. and bv suspending the writ of habeas corpus, deny them al nrivileere of havin? the legality of l 9 their arrest and imprisonment inquired into. The Governor claims to have acted under this act of the Legislature The essential principles of civil liberty. for which the colonists waged the war of Independence, are declared in the Constitution of the United States, and effectually secured by that instrument to the people. These provisions, re lating more particularly to the right of personal liberty, are contained in the 4th, 5th, 6th and 8th articles of the amendments, and the second clause of the 9 ib. section of the 1st Article of the Constitution. (Hurd on Habeas Corpus. 120, 121 and 122. It is only necessary to read these amendments and clauses, to see that the Act of the Legislature of Texas is directly in conflict with each one of them. Every thing authorized by the act to be done by the Governor is ex pressly forbidden. Read them. Art. IV. The right of the people to be se cure in their persons, bouses, papers and ef fects, against unreasonable searches and sei zures, shall not be violated, and no warrants shall issue, but upon probable cause, sup ported by oath or affirmation, and particular ly dercribing the place to be searched, and the persons or things to be seized. Art. V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising ia tho land or naval forces, or in the militia, when in actual service in time of war or public dan eer; nor shall any person be subject for the same o Hence to be twice put in jeopardy of Ufa or limb ; nor ehall he be compelled in any criminal case to be a witness against him self, nor be deprived of life, liberty or pro perty without dub process of law : nor shall private property be taken for public use with out just compensation. Art. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the stats and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of tbe accu sation : to be confronted with tbe witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for bis defence. Art. VIII. Excessive bail shall not be re quired, nor excessive fines impesed, nor cruel and unusual punishments inflicted. Art. 1., sec. 9, clause 2. Tbe privilege of th writ of habeas corpus shall not be suspeuded unless when, in cases of rebellion or invasion the public safety may require it. It being plain then, that the Act of the Legislaluae and the action of the Governor, and his military force utider the same, is "in violation of the Con stitution of the United States," it fol lows that the Federal Court must pro nounce the same unconstitutional and void, and discharge the applicants. This is the plain and inevitatble con clusion. But if this case was before a State Court, and its inquiry limited to the questiou of tho Constitution of Texas, could the result be in any manner different ? Now, to sli ow that every security to personal liberty provided by the Cou- 1 stitution of the United States, equally exibt undi.r the Constitution of Texas, it ia only necessary to read the 7th, 8th, 9tb, 10th, 11th and 12th sections of the 1st Article of the Constitution of Texas: Sec. VIL The people shall be secured in their persons, bouses, papers, and possessions, from all unreasonable seizures or searches; and no warrant to search any place, or to seize any person or thing, shall issue, with out describing such place, person or thing, as near as may be, nor without probable cause, supported by oith or affirmation. bee. v III. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury, tie shall not be compelled to give evidence against himself. He shall have the right of being heard by himself, or by counsel, or both ; shall be confronted with the witnesses against him, aud shall have compulsory process for obtaining witnesses in his favor : and no person shall be holden to answer for any criminal charge, but on in dictment or information, except in cases aris ing in the land or naval forces or offenses against the laws regulating the militia. bee. 1. All prisoners shall be bailable upon sufficient sureties, unless fcr capital of fenses, when tbe proof is evident ; but this provision shall not be so construed as to pro hibit bail after indictment found, upon an ex amination of tbe evidence by a Judge of the Supreme or District Court, upon the return of the writ of habeas corpus, returnable in the connty where the offense is committed. bee. A. The privileges of the writ of ha beas corpus shall not be suspended, except by act of Legislature, in case ef rebellion or invasion, when tbe public safety may require it. Sec. X I. Excessive bail shall not be requir ed, nor excessive fines imposed, nor cruel nor unusual punishments inflicted. All courts shall be open, and every person, for an injury done him in bis lands, (roods, person, or repu tation, shall have remedy by due course of low. Sec. XII. No person, for tbe same offense, shall be twice, put in jeopardy of life ; nor shall a person be again put npon trial for tbe same offense, after a verdict of not guilty; and the right of trial by jury shall remain inviolate. We are aware that some members of the Legislature were induced to vote for the act in question, in conse quence of the 2d section of the 1st Article of the Constitution. That sec tion provides, "No power of suspend ing laws in the State shall be exer cised, except by the Legislature or its authority." The puerile, not to say disingenious sophistry by which the power of sus pending the "piiviligcs of the writ of habeas corpus'' is made to be identical with tho power of suspending laws generally as for iustancc, tho laws for the collection of particular taxes at a particular time, oi for holding a court at a particular time or place, or for the return of plats of surveys of tbe public lands at a particular time, and other such directory laws is too obvious and trifling to deserve comment. That the 20th section could not have meant to refer to the privileges of the writ of habeas corpus is plain from tho fac? that it was expressly provided for by section 10, and the two sections must be construed consistently. The oldest and most familiar rule of construction requires this. We car.notbring ourselves to believe that it will hi necessary, in order to have this unconstitutional legislation declared r.ud and void, or to arou.se the people of Texas to the importance of the subicct, to dwell upon the value of civil liberty, or of tho blood bought privileges of the writ of habeas corpus. This great battle has been fought by our ancestors and the boon has descended to us, to be enjoyed for ever. The prophecy of Lord Shelborne of England, in 1870, that "At the first gjcat internal foul in this country, the majority will trample on the habeas corpus, und the people will peiniit it, and so will go your liberty," we hope may never be realized. God forbid. Developments are taking place, in fluenced by undercurrents not yet fully understood, which may yet result be fore a very distant day in the over throw of the Pavis admiuistration, and a speedy return to better days. There arc weak-kneed Republicans now seek ing a soft place for their fall, and when 'he tide changes they will be ready to l'Uth on in the wake of the resistless currant. The Boston Statesman and Week ly Post says : lhe Democracy of the country 1003 with admiration upon Texas, from which State come3 the best news of the season. Tho sweep made over that broad country i3 thorough and irresistible, not a vestige of the radical organization being left to re present misrule in congress. The news has been long in coming from tho sunny cities and the broad pa3 ture lands of Texas, but it comes im pressivly at last, showing a Demo cratic minority of forty thousand and a gain of three members of con gress. Tho entire congressional dele gation is now a unit in political prin ciple, solidly Democratic i and this fact is all the more gratifying be cause of the immense popular major ity which sustains the representa' tives of the pcoplo at homo. In the midst of bayonet repression, procla mations of martial law, and politica prosecutions along tno entire range of Southern States, this triumph o the Democracy of Texas is all the moro notable. The contest ka3 been long and severe, tho usual partisan influences have been applied by the faction having the success ot the Ad ministration at heart, and the result is every way a victory for the people of which they may well bo proud. A story is told of an editor who died, went to heaven, but was denied admittance lest he should meet some delinquent subscribers, and bad feel ings be engendered in that peacefu clime. Having to go somewhere, tho editor next appeared in the regions of darkness, but was postively refused admittance' as the place was lull o delinquent subscribers. Wearily the editor turned back to tho celcstia city, and was met by the watchman at the portals with a smile, who said : "1 was mistaken, you can en ter there is not a delinquent sub csriber in heaven. Alter careful thought and Eome study I am firmly and unequivocally opposed to woman suffrage, and shal feel it my duty in the very improba ble contingency of my ever occupy ing any considerable public office to stand by the obi immemorial division of activities and functions which seems to be at tbe foundation of societv. TWELFTH LEGISLATURE Second (Adjourued)SessIou. DOUSE. Austin, November i, 1871. BILLS PASSED. Incorporating the Paris and Bon ham Tap of the Missouri and Kans Baa Railroad. Incorporating the Rockport, Lo redo, Fulton and Mexican Pacific Railway. Judge G. II. Noonan, of San Antonio, claimed relief of the Leg islature to tho tune of about six hundred dollars. Mr. Locke, of Bexar County, presented the bill and advocated it. Yesterday he admitted to the House that some of the wide awake mem, bers of the Austin bar, had im pressed upon him, and he moved the bill be tabled, which was done. Had Mr. Locke's name been ins eluded in the bill for relief, we think it would have been as ably engine eercd as was tho San Antonio water bill, one of the greatest swindles of the prtsent session, and which was passed by the House and "hungup" in the Senate. Bill for the relief of R. S. Boaine, Collector of Lamar county, was passed. This relief was for money stolen from his safe in Paris, and was money collected in payment of taxes. The House refused to pass the bill for the relief of Allen, formerly treasurer. House adjourned. SENATE. Acstis, November 1, 1871. BILLS PASSED. Incorporating the Houston Dollar Savings Bank. Incorporating the Mississippi and Rio Grande Canal Company. Incorporating the Bastrop erry Company. Senate tabled the bill declaring martial law should bo declared by the Legislature only, and that their powers should not be delegated was lost. The Radicals think the bill too light upon them, and many Democrats deny the right of any one to suspend the writ of habeas corpus. This bill was presented nearly a year ago, and the Lime" stone difficulties have changed the views of many members. Senator Bowers report upon this bill is a masterlr document, and is replete with true patriotism, and is full of those principles which crea ted such a disturbance in 17 u. Senate adjourned. SENATE. Austi.v, November 2, 1871. Senate met pursuant to adjournment. Koll called. IJuorum present Prayer. Journal read and approved. BILLS PASSED. To increase and enlarge tho area ot Lamar county. To incorporate the Hebrew Asso ciation of Brownsville. To incorporate the St. Mary's Institute. Senator Bowers reported the pro gress upon the consideration o means to be adopted for the preser vation of archives of the Stato from destruction by fire. Elaborate and wise. Bill regulating the Insurance Companies' Senate considered the House amendments to tho Rockport, Ful ton, Loredo and Mexican Pacific Railroad. Senate adjourned. ROUSE. Austin, November 2, 1871. BILLS INTRODUCED. Bill to authorize the Commission ers of Immigration to apply any un expected balance of appropriation to pay the passage, m wholo or part, of Chicago Immigrants to Texas. BILLS PASSED. For tho relief of James Hay. For the relief of Philip II. Coe. For the relief of Benjamine Scraw ler. For the relief of the heirs Henry Roberts. An act making an appropriation tor deficiencies for the years 1870 and 1871. Bill to punish certain offences committed on Sunday; in discussion ot which Mr. Slaughter again gave vent to nis infidel views, and becom ing in the minds of many blasphe mous. He was called to order by Mr. Evans, which provoked a long religious discussion. Mr. Evans said that the language used was not only impious, but unparliamentary, An appeal was made to the Speaker who decided tho language not out o order. His decision, however, was not sustained. House adjourned. SENATE. Ai'stin, November 3, 1871. Senator Bowers intraduced a bil tor tho citizens oi lravis county to permit David A. Cross to construct and keep a dam across the Colorado river, for milling or manufacturing purposes. Bill possed. Bill appropriating 17,000 for the protection of public building! and archives, by finishing the arte sian well, building two cisterns and purchasing a steam fire engine. Sen ator lowers most ably advocated it benator ituby prefered to have new wooden fence around the capi tol. How the same was to protect the buildings, records etc., ho failed to state. Senator Bowers scored Ruby severely. The records in public offices were those which protected the poor people all over the State who were unable to procure copies of the papers that protected them trom poverty, lie showed Ruby' objection to be against Austin; and looking towards the change of the capitol. When the Adjutant General's of fice was destroyed in 1855, hun dreds of families were made home less and poor, and the papers lost by fire, Texas would gladly, to-day, givo 20,000,000 to regain them, which loss has deprived Texas of the brightest pages' of her history navel, military and historical. Senator Parsons advocated the passage of the bill. The artesian well being the highest ground in the city, and cisterns could be kept filled to overflowing, by surplus waste water. The bill is meritori- Q3 of State importance and should pass; and if ever the capitol and the archives of the State are destroyed the members of this day will be held responsible before God and by the people of the State. Bui passed to engrossment. House Bill No. 747, "An act authorizing a loan to meet deficien cies of the State; providing for the issuance and sale of two millions of dollars of State Bonds." Made the special order for Saturday, No veml: 4, at 11 o'clock. Bill introduced creating tho Colo- rauo Real Estate and Banking Associotion of Austin. Read sec ond time. tVn act authorizing the lifting of floating land certificates iu certain cases. Passed. Senate adjourned. nousE. Austin, Novembar 3, 1871. Journ&ls of yesterday read and corrected. Mr. Cox was granted an indefi nite leave of absence, to attend the curt in Coryel county, to prosecute the murderer of his son. Veto of of the Governor of the bill to regulato the proceedings in the District Courts of the State. Veto sustained. BILLS PASSED. Incorporating the. Trinity river Navigation Company. Bill for the relief of Thomas 11. Ward. Bill authorizing the County Court of Washington county to erect a courthouse. Bill for assisting immigrants from Chicago and other burnt districts, to Texas, by paying their, passage in part. The bill was supported by Evans, Schutze, lTumly and others The colored gents wore afraid oi the Gorman element and opposed it. Rules suspended and resolution introduced requiring Davis to sus' pend the martial law proclamation The Governor's supporters dare not allow it read, and so moved a call of the House, billabustenng to put it off, knowing it would take two-thirds vote to take it up again. A clear majority is in favor of the resolu tion. Verv much filibustering. Pre vious question moved and carried. Mr McKee, of Gaudalupe, pared off with Mr. Moore, of Red River, but on this question went back on his agreement and voted against it, The resolution requires the Gov ernor to report to the Legislature all expenses incurred, that they may take action. Resolution passed to its second reading and was made the special order for Monday, at 10 o'clock, and from day to day. House adjourned until Monday at 10 o clock, A. M. HOUSE. Austin, November 4, 1871. Treasurer Honey sent in a com municatlou charging Comptroller liledsoe with witholding money or ders for several days, and then pub lishing the time that money would bo paid into the treasury, thereby giving an undue advantage to local creditors. The Treasurer suggests that a resolution be passed ordering the oldest warrants to be paid first. A bill was introduced by Morri son, of Anderson county, to incor porate the Sabine and El Paso Rail road Company. Capital 25,000, 000; Incorporators residing in five states. Motion to reject lost, and bill passed to its second reading. Resolution granting per diem pay to recently elected members, from October 22, and usual milage. BILLS PASSED. Many of no general importance. An act exempting undertakers, druggists, and active firemen from jury service. Mr. Schutze introduced a bill to abolish the Supervisors of Education and the creation of five assistant Superintendants of Education. Made the special order for Tues day. Several bills passed of a purely local nature. House adjourned. SENATE. Austin, November 4, 1871. BILLS PASSED. To incourago holding Industrial Fairs, by exempting certain property from taxation. Appropriating 100,000 to meet deficiencies for 1870 and 1871 to pay fees of District Attorneys, Ju3 tico of tho Peace Clerks and Sher iffs. A bill was introduced for the pros tection of fruit growers. Message from tho Governor veto ing tho Tyler Tap Railroad; taken up and made the special order for Tuesday at 12 m. Communication from tho Adjutant General reporting names, number, rank and pay of men in his employ: 6 Captains $155 per month... $930 00 11 Lieutenants$l30 " " ... 1,430 00 16 Sergeants $100 " ... 1,600 00 210 Privates $ 80 " 11 ... 16,800 00 Total.... $20,760 00 This is for salary only. Senate adjourned. house. Austin, November 6, 1871. Mr. Dorris arose to a question of privilege, lie objected to a certain report of his speech delivered at the capitol on Friday night last. The House decided that the Democratic Statesman was not the official journal of the Legislature, and Dorris' speech was not an official act. Therefore Mr. Dorris was cut off from his speech. On motion of the gentleman from Marion, Mr. Morris, Mr. Caldwell, the gentleman from Dorris, was per mitted to make a personal explanation.-. He had just launched out when the special order was called up, and Caldwell of Dorris was called down, and the resolution of martial law in Limestone county was taken up. Freedman Dupree made a speech, the exact tenor of which the reporter could not ascertain, and was unable to find any one who could enlighten him. Schutze, of Bastrop, made a rno- tion to refer the resolution to a select committee of seven, with in structions to report in one hour. Both parties seemed to be anxious to proceed to business without filla blistering. Mr. Plumley moved to amend tfcr resolution so as to read as follows: Whsrkas, His Excellency E. J. Davis, Gov ernor of the State of Texas, did, on the ninth day of Oetober, 1871, declare martial law in the counties of Limestone and Freestone, and oi l suspend tho privilege of the writ of habeas corpus in and to said counties; ard, Whereas, an armed force has been quars tered upon the people cf said counties for several weeks past, at a heavy expense to said counties, and the limitations of the per sonal liberty of the people therein; and, Wberea3, the Governor did, in bis said proclamation of martial law, direct a penalty of $50,000, to be levied and collected from the citizens of Limestone county; and, Whereas, in pursuance thereof an assess ment of three per cent, upon all tbe taxable property of said connty has been levied and u being collected, to tbe great detriment aud ruiu of said -ounty; and, Whereas, tbo Legislature of the Stale was in session at tbe date of said proclamation, and was in nowise consulted wiih, as we be lieve it should have been, to make said proc lamation legal, with reference to the said declaration of martial law; therefore be it Resolved ly the House of Representatives, tr. Sencte concurring. That tho action of His Excellency E. J. Davis, ia declaring martial law in the manner aforesaid in the counties of Limestone and Freestone, be and :be same is nereby disapproved. Resolved further, That the Governor te, and he is hereby requested aed instructed to restore civil authority in said counties, and to withdraw all armed forces theretrom, and to disband the same, and that be inform this Legislature of toe expenses of the same, that action may be had with reference thereto. Resolved further, That tbe fapeater ot the House of Representatives furnish His Excel lency the Governor with a copy cf this' reso lution. On motion made to adopt the resolution, Mr. Schutze advocated the bill in a most able and eloquent speech. C. D. Morris attempted to reply, said reply consisted in saying that the Governor must be sustained. The Governor would not bo sus tained in the House but that the Senate would defeat the resolution, and that the Governor had accom-. plished all ho desired to accomplish, and said he would resign, rather than vote in favor of the resolution. Morrison and Dick Allen followed in the same strain. Robertson, of Robertson, consid ered this the gravest question ever before the public. He says : "The counties of Limestone and Freestone are charged with certain grave offences; and to justify the Governor in his acts, we have the testimony of certain witnesse?. As we are a grand inquest, I shall briefly review the character of these witnesses. CHARACTER OF WITNESSES. S. M. Jones, was Justice of the Peace and iudze of election. This "man came to Texas with power of at torney to sell land belonging to par ties in Alabama, and to this day has never paid over and is a defaulter and swindler and detested by all who know him. Next comes W. B. Bonner. The records of the city of Houston and Criminal Court cf Harrison county, show him impeached by the council for dishonest conduct as Treasurer, was indicted by the grand jury in Harris county and only escaped by a technicality. Next, a Jew by birth, debarred from the synagogue by his own peo ple for notorious dishonesty and abandoned character. ThLi is the Mayor of Groesbeck, appointed by Davis on recommendation of Oliver. Ho came to Bryan a3 a three card monte player ; was known as a com mon thief; records of Brazos and Robertson counties, are black with his name having been charged with every crime known to tho calender, including murder. Next, John L. Baling, a bogus lawyer. He began life as a slight of hand performer. Then baptist preacher, and jack leg lawyer. He has been everything by turns, whig, Democrat, unionist, secessionist and Ku Klux a Radical, a drunkard, gambler and proprietor of a catfish tavern. This is tho only man who was hardened enough to affix his oath to statement made. Next, James F. Kustin, recently appointed by Oliver Treasurer of Limestone county.- A deep sense of duty compels mo to state that ho was first known as physician in the city of Waco, where his wife is advertised as professional abortionist, was ins dieted and prosecuted as such; now keeping a house notorious throughout central Texas. Next, the chief instigator of the whole trouble, J. W. Oliver, Judge, who to defeat Giddmgs and elect Clark to Congress, in the Third Dis trict, made this wholo statement, which is false. He basely lied and knew it, and the falsehood is proven by the whole testimony before this House. Witness upon witness swear that this Oliver obtained their signa ture3 to statements by fraud, or made the statements himself without their knowledge or consent. Who is J. W. Oliver He was educated in McKcnzie College by McKenzie, who took hi3 note for board and tuition while in College. Four years afterwards when asked not to pay the note, but to renew it, ho repudiated it. Aftorwardr, as a lawyer at Ft. Worth, collected money on sundry claims, embezzled the pro ceeds and applied them to his own use. Afterwards moved to Houston, where he continued to swindle his clients, until prosecuted in tho Criminal Court, where his attendance 13 re quired at every term to answer these charges. This is the man Davis elevates to the high office of District Judge. Martial Law in Freestone county, was declared upon the single state ment of W. II. Tracy, and this statement is simply that he was not treated as a gentleman. I shall show thi3 House that he is not a gentleman and has no right te be so considered. Who is this W. II. Tracey he first kept a dollar store a Brcnham; stole away in his own buggy, cheating his poor landlady. He came to Austin and ran up bills which to-day are unpaid, and during the fire stole his baggage from the hotel here, and absconded leaving all bills unpaid. These are the beautiful ppecimens of the genus homo, upon whose state ments Governor Davis has proclaim ed martial law and suspended the writ of habeas corpus. Ho referred to tho Jesuits of mar- tial law in Limestone and Freestone counties, and read from 'bill of rights' and the Constitution,showinghow tho same bad been violated by the acts of Davis. I. II. Evans then mado a speech, which has not been equalled in the House since the famous speech upon the passage of the militia bill. He repelled the charges of inconsistency and showed that he advocated the res olution because having clothed Gov ernor Davis with power never before granted to any Governor, he had stepped beyond this, and committed acts calculated to ruin the party. Resolution adopted 44 to 83. SENATE. Acsin, November C. Resolution adopted requiring the Committee on Contingent Expenses, to report amounts paid to witnesses summoned before the committee to investigate charges against Degress by Waldron. It seems that there was a suspicion that the chairman, Ruby, had been approving accounts of some persons not entitled to pay. Bill Passed. Appropriating 17,000 for protection of public Ar chieves against fire. Tiirowing the SLirpER. The origin of throwing the old shoe as a good luck wisher, is still enshrouded with mystery. Throwing the shoo is differently conducted to the gen oral way. When the carriage starts with the '-happy pair," the brides maids are drawn up in a row, and the groomsmen in another. The old shoe is then thrown as far as possi ble, and tho bridesmaids run for it, tho successful one being supposed to be the first to get married; the lucky one fthen throws the shoe at the groomsmen, the one who is bit by it also being supposed to be the first one who will enter tho bond3 of wed lock. Urquhart, in "Pillars of Her cules," says, the custom of throwing the shoe, arose from the usago in tho East of bearing a slipper before the couple in token of the bride's submission to her husband. If this be it, the brides of the period will grow restive and refuse the salutatkn of tho usual avalanche of old white satin shoes, as they don't mind lov. ing, but they don't care for the sub jection or obeying. Among the no bles in Germany, it was formerly tho custom for the bride, when she was conducted to the brideschamber, to take off her shoo and throw it among the bystanders, which every ono strove to catch ; and whoever got it, thought it an omen that they them selves would shortly bo married. John Quincy Adams in a letter to the committee appointed by the wc man suffrage seekers, of Massachu setts, to obtain tho views of candi dates on this subject, comes out flat tooted against it, he says : Ono Cord of wood cut and split fine and corded up beneath a shelter while it is yet green, will furnish more beat after it has become sea soned than two cords of tho same kind of wood which has been contin ually exposed to the alternate influx ences ot storms and sunshine. A quarry of the stone of which slate pencils are made has been dis covered in Kansas. The only other known quarry in the United States is in Vermont, which ha3 hitherto had monoply of this article. The woden pavement has been of ficially condemned in Chicago. Tho Common Council passed a resolution that no more wood shall be used in paving either streets or sidewalks. Wo regct to hear of the death of Mrs. Caylor, the mother of the three children, tho birth of which we an nounced a few weeks since. The chil dren still live and are said to be healthy. Tho Weather Bureau will next onth extend its lines into Cuba, ere an observatory 13 now building, and we shall then have daily reports from tho very birthplace of gulf storm3. Ono of the old clergymen of Bos ton advised a parish committee look ing about for a pastor, to take a young man, 011 the ground that every church should do its share of taraiD, theological colts. Ladies' parasols with watches in the handles, aro cited aa singular freaks of fashion. We have lately seen several belles with clocks in their stockings. The Cincinnati Commercial 6ays the elections this full are favorable to the Democrats. The president ha3 issued a procla nation for a National Thanksgiving on tho 30th of November. It is stated that seventeen deaths have occurred from smallpox in the past two days in Pittsburg, Penn sylvania. A Doubtful Point. Would it be a delicate attention, or reverse, to offer a shoemaker a sherry cobbler ? At Lancaster, N. II., snow, ripe raspberries and strawberry blossoms have been seen since the 13th inst. A young lady translates the C. O. D. on express packages into Call on Dad. General Robert Anderson died at lice, France. has A lovely mode of reasoning Man and woman putting there heads to gether. Ten million bushels of coal are lying at Pittsburg awaiting a rise in the Ohio. This stream has been un navigable for some time owing to the severe drouth. It ii said a number of Californians will petition Congress at its next ses sion to place heavy restristions on tie emigration of Chinese to this country. The Auditor of Ohio has filed bills against the Knickerbocker, EquiU able, Garden City and Commercial Insurance Compnaies, they being bankrupt. It i3 feared that the Chicago Ob servatory, w hich contains the famous Clark telescope, will haye to be sus pended, owing to a want of fund3.