Page:Life and Select Literary Remains of Sam Houston of Texas (1884).djvu/559

 party to pursue, in respect to the Salt Lake, commanded, as they still do, my most earnest attention. Not doubting that you have most thoroughly viewed this triangular title—not hearing from Mr. Reynolds on this point, and of course unadvised of his peculiar views in detail, in relation thereto—I must say that I most fully concur in your views of our best policy. Time is on the wing. A fewr years more, and Mr. Reynolds and I border on 'the sere and yellow leaf.' Of immense value, the property admits of a very long division. A protracted litigation, in quest of the lion's share, divests us virtually of all, and secures something only to our legal representatives. Dum vivimus, vivamus. So say I. Of our party, Mr. Reynolds holds the major interest; perhaps nearly all. Compared to his, my right is small. Thus, I feel some delicacy in obtruding any conclusion of mine against any deliberate judgment of his. I have the utmost confidence in his judgment and discretion.

"I am also sure that all that can be compassed by energy and perseverance, he (Reynolds) will accomplish. And yet, he may be impelled by the rivalry to evade an obsolete title on the one hand and a fraudulent one on the other, backed, as it is, by the perjured tyrants of a petty and venal Legislature. Hence, you will oblige me by assuring our old friend Reynolds that while, under the peculiar circumstances, I venture my mite of advice, in confirmation of yours, with due deference to. him, I yet offer it most urgently. Please, therefore, show him this letter. As he is of course familiar with all the positions stated in your letter, they need not be detailed in this paper. My health, though far better than when I saw you here, under so many months of the care of Dr. Francis, of New York, is still by no means reliable. If this thing can be made available during the short life I have yet probably before me, I am very anxious to see that result.

"I find much of your matter of reliance in the big suit, in Bibb's Reports. This casually led me, the other day, to bring the case to the notice of . He seems perfectly familiar with every precedent and doctrine applicable to this case, and its whole class, and he says it is quite impossible for the Supreme Court, on deliberate review and consideration, to abandon right, reason, and customary law on account of one casual act of stultification at the last term. I shall not omit the part of striker with certain members of the court, which I told you I would see to. I am already here for the purpose, I will persuade Catron, of Tennessee, to take the case under his especial charge.

"" It has been shown, incontestably, that Judge Watrous was a member of the conspiracy, in the furtherance of whose designs Williams was acting. The part assumed by this man as " striker " with certain members of the Supreme Court, was, to all intents and purposes, the act of Judge Watrous himself. He (the judge) was responsible for the acts of his confederates, having entered into a conspiracy with them for their mutual profit, and with a common design. Such is the rule of evidence. Such is the irresistible conclusion to be made in cases of this nature, according to the authority which I will here read, from the great and universally admitted text-book on the subject of evidence, which is no doubt familiar to honorable Senators: "The evidence in proof of a conspiracy will, generally, from the nature of the