301
PAPERS OF MIRABEAU BuoNAPARTE LAMAR
No. 888 1838 Nov. 23, E. STAPP TO J. KERR
Jackson County, Farmers Delight Novr 23rd 1838 Mr. Jas Kerr Dr Sir
This will inform you that I had an interview with Judg Usher on the subject of his resigning the office of Chief Justice for this County; he informed me he should go to Houston in a ·few days & expected to resign when he got there Some of the Citizen of Texana previous to this Interview had the Subject before them a [nd] nominated myself to fill the office and acording a recommendation 10 was presented to the people and all that it was presented to signed it except, Wells, Bruster Larsh, and old :J\,f'r ..White-; Last Saturday I was down at Texana, & was informed that Mr Usher told his friends he should not resign as to this I know not-nor care not- I send you the recommendation_:_ you can use it if he should resign Otherwise file it with Lamar Burnet or in the Secratarys office to be used in case of resignation in the recess of Congress; & if more signers is wanting they can be had- as to any law :r:equiring the Chief-Justice to reside at the County Seat [ 1] I can find none and further you know, William- Mennifee was Chief- Justi [c] e in Colorado County he was succeded by Wm Herd living at the distance of 30 miles also Judge MClure at the distance of t\velve miles from Gonzales on the Seats of Justice, I learn John Linn retains his Seat in Congress, there was considerable Stur by some that voted against you on the subject, the Committe reporting favorable to Wright and your being in Oposition I should be pleased . if you would write to me as soon as Convenient giveing a statement of the proceedings and the grounds on which Capt Linn was sus- tained- I wish you to have an interview with Mr Holms & say to him that I attended the district Court at Columbus and that Judge franklin would have nothing to do with the suit James (Vs) Jame [s] in consequence of the Judge (Robertson) not ordering the Change of Venue & sent the papers back to Jackson Stateing that they as yet properly belong to that court- The parties .agreed to have the procedings remanded to our Court, the deft have made a deed of trust to the same property and agrees not further to prosecute the suit and as it still is in the breast of our Court the plantiff Expects Mr Holms to attend to Sd suit and get a trial at our next Term I presume the pltff attr_will motion the court to recind the order of change of Venue & go into trial pltf, wishes to be instructed what is necessary in Subpoenying Witnesses &c &c Mr Hensly will be at Houston Shortly He is the trustee & will be an active friend of the plantif I would refer you to him for further particulars as he was present & had the interview with the Judge (Franklin)- your family is well mine also- my respects to l\fr Holms & other acquaintances in Congress-I tell you all to sustain the Constitution put down all
10 No. 887.
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