R M Carwright to Stephen F Austin, 05-25-1825

Summary: Asking instructions for procedure in selling property under an execution. Judiciary.

Harrisburg Buffalow Bayou May the 25th 1825

Stephen F. Austen Esqr. Sir I have been appointed constable to act in the case between cartwright and Nelson and Benjamin Carico on board of the schooner Mary, and am without law or instructions you will do me a singular favour if you would send me written Instructions so I may be able to do my duty I will give you a copy of the Execution and letter from the Alcalde

Messrs, H. Cartwright " Nelson Vs Benjamin Carico & Schooner Mary

Austins Colony District of San Jacinto the Constable of said District is hereby commanded to seize and Expose to public sale according to law the property of Benjamin Carico the defendant in the above suit or so much thereof as may be necessary to pay Jessie H, Cartwright and Jessie Nelson the plaintiff in the above suit the sum of five hundred and forty two dollars and costs of suit being the amount of a judgement entered in my office on the 21st day of May 1825 against said Carico in favour of Jesse H Cartwright and Jesse Nel- son and should the said Carico have no property the Constable is commanded to take the Body of said Carico and bring him to me at my office Given the 21 day of May 1825

Humphry Jackson

Mr Robert Cartwright

Dear Sir Mr. Straing has handed me an advertisment for the property which you have Executed of Capt Carico, I think you are rather too premature I think you ought to have waited to the ten day was expired that was allowed him to find security I have got no law respecting this point I only give it as my opinion it was my intention when it was issued and it is my impression yet that you ought then to go no farther than execute to the ten days was expired that was allowed him to find security for an appeal.

Mr. Strange has stated to me that you wished to know if you ought to have the property valued. I have now [no] law respecting it I give it as my opinion that it ought if you sell at harrisburgh and the property on board of the vessel I think the property ought to be present at the sale if it could be got there it does not look right to me to have them a part when it is possible to have the property present I hope you will not allow or give reason for a slur to be cast on the district it is the first execution that has been Tride before me, I would have been more free to your brother in giving my opinion the other day on the points I did not feel right at my self to do any business at that time I am with Respect Yours

Humphry Jackson

you will pleas in struct how to act in all cases I expect a part of the property will be claimed by capt. Allin as I have heard he did will enclose an to you if you think it best I will have a part of the property brought to this place I have kept two young men on board to gard and take care of the schooner and cargo they the captain have ruin some flour and whiskey and other property since the attachment has been served and sold it [Instruct me] whether it is lawfull for me to keep [a guard if ?] I delay the sale longer than is needed [the reason for ?] giving so short a time was to save ex[pense the sale is ?] at this place because there is a gra[te many of people com- ?]ing and I knew if I sold on board [there would be very few ?] biders to bring it here would so of caused [some trouble ?] tobacco and flour and whiskey and whole bo [at . . .] might be brought without much expense . . . [answer] it and forward it to me as soon as possible

your obedient servant

R. M. Cartwright

Debity Constable [appointed by ?]

Humphrey Jackson