The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-26

A history of the celebrated Mercer col
ony case has already been given in these
columns Part of last and the whole of
this week have been consumed in the
trial of the case. The argument on the
merits was opened by
COL. JOHN MASON BROWN,
distinguished lawyer of Louisville, on
Wednesday last. 1t opened the whole
case in very clear and lucid manner,
both upon the law and the facts, and it
was admitted by all to have been an adj
mirable presentation of the equities of
the bill and the different subjects of the
relief, both by the perpetuation of Judge
Woods injunction, and further relief by
mandatory injunction, commanding
the land commissioner of Texas to issue
certificates for nearly million ofacres of
land Included in the boundaries Of sixteen
counties in the richest and most prosper
Gus section of the state, south and east of
Dallas.
COL. A. ]. PEELER,
of Austin, made an elaborate argu-
ment IN behalf of the state, showing
great research and a multitude of au-
thorities, denying that the court had any
power to compel the defendent to issue
the certificates, because not warranted
by the contract and because it was, in
substance, suit against sovereign state,
and the relief, if any, must be given by
the legislature, and not by the courts.
JUDGE SAM A. WILSON,
of Rusk, also appeared for the state and
made direct, forcibie and convincing
argument to show that Mercer and his
associates had0forfeited all rights by a
failure to comply with the terms of the
contract that the contract had been de-
clared null and void many years ago by
the courts Of Texas that the claim had
been abandoned and considered obsolete
for thirty years or more that no effort
had been made by the claimants during
that time to establish their claim that il
was stale demand, and long since
barred by the statute of limitation,
which was pleaded by the defendant, to-
ge'her with many other defenses con.
tanned In the answer setting up the
sovereignty of the state, the privilege of
his powers as land commissioner, which
exempted him from the jurisdiction of
the court.
At this stage of the proceedings on
yesterday the court was removed to the
new building. Quite large audience
of LAWYERS and people were assembled.
JUDGE PARDEE's REMARKS.
Judge Pardee, in opening court, oh
served that he could congratulate the
bar upon the commodious courtroom
now prepared for the sessions of the
| ~. hot 70 friun oil tna g.,
] cilities for the transaction of the business
of the court that could be desired, and
certainly exceeded in beauty, design and
finish any of the courtrooms within the
| limits of his circuit, and congratulated
himself on having inaugurated the new
courtroom on this his first visit to this
part of his circuit, and trusted that this
was but the first of very many pleasant
meetings with the bar of the district Of
western Texas.
| GENERAL WILLIAM PRESTON.
Gen. VIM. Preston made the conclud
ing argument, which was a very able
effort His peroration was beautiful
| He said that the remarks made by the
court, in removing from the old to the
new and beautiful building, dedicated to
1
his mind that the final argument for the
last colony established by the republic
| of Texas, was to be heard in the new and
beautiful building erected by the gov
| eminent of the United States. This
brought up to him many memories of his
| former life, intimately connected with
the men who had founded the re
| public of Texas, and men connected
| no nd IA
periods of her history. Many had van
ished from the scenes of their enterprise,
and but few remained to remember her
early struggles and glories 1t was nat
ural, therefore, on a day like this, affect
ing the dignity of the state and the inter
| est of her early friends, to recall those
connected with the case at bar. The
very contract that the court was called
upon to interpret was in the sign man
ual of o.
SAMUEL HOUSTON,
president of the republic, in her behalf,
to establish powerful colony upon the
femote frontiers of the state, to guard
her people and protect her rights. The
other, Charles Fenton Mercer, was a ma
tive of the same state, Virginian, of dis
tinguished ancestry, who for more than
twenty years represented his state in the
congress of the United States. In the
most important position the former had
won for himself the first places in the
history of the republic he had founded
by his valor and conduct at San Jacinto.
Texas had appeared as a new STA
among the nations, and under his
guidance has become one in the galaxy
nf ha A ITniA
been styled the Washington of Texas; in
the history of America he would
hold a place second only to the
John Smith in the history of Virginia,
and William Penn in the history of
Pennsylvania. These were signers of
the contract, the enforcement of which
was sought this day before the court
The great benefits which had been re
ceived by the enterprise and efforts of
Mercer, were shown by the record, and
the sagacity of Houston by the great and
populous counties which had been sue
cessfully established. For these reasons
he considered the magnitude of the case
and the dedication of the building to
the q administration of law and equity
fortunate. In the beautiful decorations
of the room the bass-reliefs of the archi-
tect had placed two medallions repre-
senting the stern impartiality of the law
and the milder and wider morality of
equity. This cause was to be heard, and
forever decided this day by the principles
of equity jurisprudence. This jurispru-
dence knew no geographical boundary;
it was the same in every state of the
Union, and was not governed by any
state laws, statutes or decisions, that
come in conflict with its vast and bene-
fetal powers. 1t had been his good
fortune 10 be educated in its
gladstone light by the most Industrious
master of the times, Judge Story, of the
supreme court, whose treatise was a
guide not only in this but foreign lands.
Cicero had said fEnddmentum jUsticie est
FTdes. Good faith was deified by the Ro-
mans, and lies at the foundation of the
mighty Roman law. So long as that
was preserved with truth and sincerity
the state had the most solid foundation
for its happiness, its welfare and Its
glory. Faith was the mother of peace,
and when it is honestly kept
"Then wars shall cease, and pristine faith pre-
vail,
Returning justice lift aloft her SCALE
DECISION WITHHELD.
Judge Pardee withheld his decision.
1t is thought it may be rendered on Mon
day or Tuesday next.
Austin wochenblatt.l
The Austin STATESMAN appears since
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