The Texas State Times (Austin, Tex.), Vol. 1, No. 12, Ed. 1 Saturday, February 18, 1854 Page: 1 of 4
four pages : ill. ; page 26 x 19 in.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
K
(JbPL fhw
t'"-*.' -'Z
. author iz1
J
wk?
CITY OF AUSTT* VfflSAS, SATURDAY. FEBRUARY 18, 1854.
r- •■ i 'ill -
NUMBER 12.
CAW
BcnrnU .4ttt anfi Joist Rett-
(MOMi ay Ike flftk Legit-
rporate the Medical
***
-.a, ',
jorate the Shard Un-
act to&corporute the Black Cy-
idge, Fctry and Turnpike com-
. ' '
An act granti^* to Henry J. Jewett,
oft&etMrtiet h Judicial district of
of absence from
W& ~
for the relief of America
. _ rporate the Linden
iale Academy and Masonic
two copies of
meljoUrt to be made
Coartv .,
the constroc-
i atid Pacific ra3^
" *a-3
. .
an appropriation for
iture, and the per
~ Hj'TWTlF * -* -
the Commis-
sioner of tha, General Landoffiee to ap-
additional Draughtsmen and Assis-
partment, and to fix
of" the Comtdfcioner and all
under his control. *
\4a act supplementary to an act enti-
tled an act authorising the Commissioner
of the General Landoffiee to appoint ad-
ditional Draughtsmen and Assistant clerks
to his Department, and to fix the salaries
ef the Commissioner and all under his
eoatrol. <
12. Afirftcit to incorporate the Austin
and Houston Tnrnpile company.
13. An act to incorporate the Grand
Temple of Honor oftbe State of Texas,
■and subordinate Temples under its juris-
diction. .
HkAnaet supplementary to an act
[relief to certain pre-emption clai-
Cextending the time within which
said clanx ants are required by the second
section of an act. passed Jannaiy the
twenty-second, eighteen hundred and for-
ty-five, granting to settlers on public do-
maiu pre-«nption privileges, to have the
land including their improvements, cover-
ed with valid certificates.
a joint resolution
lution for the relief of
of Benjamin Nolles,
ntary to an act to
Houston and
eallcd into the service
theprOtecti
lending and supplemen-
to incorporate the Hen
Burksville railroad company,
' '
any.
0. F- 'r
relief of
j.-* >>-&:
t au-
ction
uWe
'52.
tary to
derson an
approved Feb. l<*tti, 1852.
W> 53. An act to incorporate the Tyler
Dallas railroad company.
54. Ail act authorizing and requiring
the commissioners of the General Land
Office, to issue patent to the assignee of
James 0.1 Rice for lot No. 4 in block
98 in the city, of Austin.
55. An act. supplemental to an act, to
encourage the construction of railroads
in Texas by donations of land. *
56. An;act to provide for the Issu-
ance of Bounty and Donation land war-
rants, to persons entitled to the same.
57. ^tn aqst tp incorporate the Colum-
bia, Wharton apd Austin railroad com-
Pffl&r:'... ;
- ' '58. An act supplemental to an act to
secure the German Emigration company,
and their Colonists the • lands to which
they are entitled^-and to adjust the lia-
bilities of said company, apgjayed,- Jan.
21st* 1850. '4jk« ' r : * it*-
I 59. An act to incorporate the Jeffer-
i son railrostd company.
; 60. An act to correct the name of a
grant confirmed by the State of Texas,
to Yreneo Gomez by a wrong name.
61. An act to authorize John Moongy
to construct a bridge across the San Mar-
cos river near the town of Gonzales.
62. An act for the relief of George
W. Wright.
63. An act concerning offences against
life or person.
64. An act to amend an act, incorpo-
rating the Buffalo . Bavou, Brazos and
Colorado railroad company, approved,
Feb. 11th, 1850.
65. An act confirming certain head-
right grants of land, lying on the boun-
dary line of Robertson's colony, and
Austin's little colony.
66. An act supplementary to an act,
to establish the New Orleans, Texas and
Pacific railroad company, for the exten-
sion of the New Orleans, Algiers and
Opelousas railway "through Texas, ap-
proved, Feb. 16th, 1852.
67. An act to relinquish to the inhab-
tants of Yeleta in El Paso county a cer-
tain tract of land adjoining the town
tract now held and owned by said inhabi-
tants.
68. An act to establish a svstem of
v
Schools.
69. An act to incorporate the Sanja-.
cinto bridge company.
70. An act for the relief of the heirs
and legal representatives of Robert W.
Smith, deceased.
71. An act giving three weeks session
to the District court of Red River county.
72. An act for the relief of the inhab-
itants of the town of Yeleta in the coun-
ty of El Paso. 4 $
demental to an act, to
jQriwarts, Texas and
iuy. fpr the exten-
of an act conr Tiling jnri-S sppr
of the frontier, ajaproy§jl4 16& Feb.^^
105. An act delating tc th? Indians of
Texas.
106. An act to amend ift act entitled ;
an act to establish the tiAe of holding
courts in the first Judicii District,
proved Feb. 8th, 1850.
i«ers troiisportatiosf
■of mi act_
>mpames, app:
164. An act to amend an act to in-
orporate the Chappel Hill Male andFe- i -
t-'/mnle Institute. ^ j-
105. ,.An act regulating and restrict- '
FIFTH LEGISLATURE.
Feb 7tb 1853™"1' DEBATES IN THE HOUSE.
mpany.
send the 22d
sec-
ig the §ale of spirituous liquors.
" A i J" "
W. F. WEEKS, Reporter.
Wednesday, Jan. 4, 1854. |
Mr. PALMERsaid—I hope the friends i
j of the bill will not raise any question of
107. An act to incorprate the Gilmef j
and Sulphur Springs Rairoad Company.-i £~l6t>. An act to provide for the erec-j order at this time. I think 1 can show
108. An act to incoporate the town 'i ion and furnifrhingbf a residence and out j the friends of education here that the ob-
of McKinnev in the coiaty of Collin. building foi'- the Governor of the State of ;ject of offering these amendments and
109.r "Joint resolutifi concerning the i^Texas. "T' 'substitutes is simply to prevent setting
JL67. An act to provide for the inves- ! aside the school , fund. The substitute
i' tigation of land titles in certain counties ; proposed n<<fchas got what the opponents
Lockwood. - | therein mentioned. Jj* of the bill call a tail to it, and if they
110". An aOt t<i autiorize the County 168. An act togriint ninety-four sec- can get their feet upon the tail, they de-
Clerk of Milam coan.tr h> transcribe cer- : tions of land of fcishundred and forty i feat setting aside the fund.
tain records. -■ 'acres each to the Galveston and Brazos j Let the friends of education watch the
111. / act to d'.Msre the name of Narigation Company. «
Frederick to^i..it of William IV] .1^9- Joint reioWrJion instructing the
he did not know the provisions of this
bill for the investment of the fund.
In addition to the remark quoted by the
gentleman from Walker, he said that if
this money were loaned for purposes of
internal improvement, no road would ever
be built, and not one dollar would ever
find its way back into the Treasury. Now
the bill upon which gentlemen have been
security, will be politically damned in all j jumping in advance, implies the fact that
futurity before the eyes of the people. | five hundred miles of road have been com-
Tlie present bill, Sir. Speaker, follows j pleted before the §2,000,000 can be ta-
tlic Constitution precisely. The Consti-! ken from the Treasury. For this money
tution, in setting aside a fund for the sup- is only to be loaned after fifty miles of
port of free schools, says it shall remain ' road have been constructed by any com-
•in the Treasury of the State, until asys-j pany, at the rates of §4000 per mile
up for its investment, let it stand upon
its own merits, or if it has no merits, let ;
it fall. I pledge myself to go for no plan
which does not afford the very best se- j
curity. In tlus respect, " these walls j
shall fly from their firm base, as soon
as I."
Any man who shall permit the loaning
of this sacred fund, without the best se-
Shelton
112. Ar> hot
of an act tA re£
District
of May, 184SC J
lis.
Louisa Johnson,
.WiniMnJrfhr.ji- ii, o: t
[Senators and reqhegjingthe Kepresenta-
£he 9th section Itivcs of Texas in Coigress to urge upon
occedings in the Congress the adj^sti^vnt of the indemni-
on the iSth day j ty due the'late R^£utUc of Texas, for cx-
pgnses inenrred lwl;^r.in defence against
name of icertein Indian belonging to the
life name OI xnuisu
daughter of I United States.'
of Kauf- ! -i70 Art act to"
: .r;- « 73. An_acji
^^^tobiish Tu'crf
■?* i Pacific f-jS
^! tion of tbe.N
irpofrate? Mann s
man, to that i f Lonsa 1^'y.i. " | Bluff Turnpike company.
114. An act to legalize the acts of: 171. An act to prescribe the manner
Alexander Beaton,Notary Public of Na- ; in which the Governor shall issue his
varro countv. ' proclamations.
115. An act tc incorporate the Alma ; 172. An act for the relief of Richard
Female Institute. j M. Collins.
116. An act toincorporate the town of 173. An act to amend the sixth sec-
Corsicana. „ ; tion of an act to incorporate the town of
117. An act t> incorporate the town Independence, approvedFeb. 9th, 1852.
of Columbus. ! 174. An act to extend the provisions
118. An act sipplemental to an act to of an act entitled an act to provide for
movements of these gentlemen. Speech- j
es have been made here day after day, I
warning the friends of education against:
O ^ ^ ~ |
the friends of internal improvements.— ;
But it is not tlie investment of the fund ;
these gentlemen are affraid of: it is the j
setting it aside. If it was the investment i
which excited their .^ars, why not wait;
that question coy5« qp ? No. sir
throw everv ot>sta-
tem shall be established, a charge against
the State. What docs this bill do ? It
says that two millions, of dollars shall be
set aside, which shall remain in the
Treasury of the -State, in bonds, and the
interest arising thereon shall be collect-
I which would require the completion of
e
five hundrrd miles of road before the
32,000,000 could be loaned. I have no
doubt that when Gen. Houston was speak-
ing on this sub ject, he was alluding to the
State plan. It amuses mo to hear people
ed annually, and given for the support of j ^noting as gospel the remarks of that dis-
schools, upon a system hereafter to be tinguished man, who have never been his
established . ! admirers, and who have always been his
The next argument.pf the gentleman 1 political opponents. It is amusing to
from Walker was this: that to set aside I hear the devil quote scripture, but more
two millions, and make.it*jjfeargeagainst ; amusing still to hear those who have al-
meii
j. ■ t. " v.'itmiivncj uiiu iiiuov • uulu-l,,p -nn iv I livcv n nu JJ«H
a_ J iwMJffw/wuidAie in'tiHtSict ^fic^-ways been known ns ainl-titK^tcu
s i thev comemnow; and. uiiun utoui-i .. •/ - /.l •. . - ^ ! « ,:—,,
! cle their in^enuit" c#ftrinvent in the way S Constitution, as by the Constitution the ! citmginm asauthority, and landing him to
| of setting the iuiki aside. All they want
create the coun-v of Trinity, approved
Feb. 11th, 1850"
119. An a (^supplemental to an act to
ascertaining the debt of the late Repub-
lic of Texas.
175. An act to incorporate Gilmer
incorporate the town of Carthage, in Pa- Male Academy in the county of Upshur,
nola county, approved Jan. 19th, 1852. ! 176. An act for the relief of James
120. An act to incorporate
Thomas' Turnpke Company.
R.
B. i H. Tom.
177. An
act regulating Justices'
121. An act authorizing the Clerk of i Courts in the city of San Antonio.
the County Corrt of Navarro county to
transcribe thfc book of marks and brands
of said county.
122. An act to create the fourteenth
Judicial District of the State of Texas,
and to fix the rime of holding the courts
therein. *
123. An act supplemental to an act
concerning crimes and punishnitents, ap-
proved March 20th, 1848.
124. An act to authorize the cancel-
lation of patents in certain ^ases.
125. Joint resolution to fix the per
diem pay of the officers of the two Houses
of the Legislature.
126. An act to incorporate the Bra-
zos Branch Railroad Company.
127. An act authorizing the Chief
Justice of Galveston county to exercise
the jurisdiction of a Justice of the Peace.
128. An act for the relief of Leslie,
Combs.
178. An act making an appropria-
tion for the use and support of the State
is to get in something that will create di-
vision in the ranks of the friends of edu-
! cation, and their object is accomplished.
Gentlemen of the House, I warn you
now, look to it that you get this fund set
aside; and I will ensure
system.
I wish gentlemen to watch the ayes
and nays upon-every question which has
come before the House in connection
with this subject.
What was the first amendment offered
by thp gentleman from Victoria (Mr.
Stapp ?) He proposed to set aside for
purposes of education, two millions of
dollars of the money now reserved in the
United Strifes Treasury. What was pro-
posed by the gentleman from Fannin,
(Mr Taylor ) in his amendment ? That
State could not contract a debt for over j the skies, when it chances to suit their
100,000 dollars. Now let us see the re- j purposes. The gentleman fears the nox-
sult of that argument in respect to our ; ious atmosphere that will surround us aT-
present school fund. It now amountr to : tor this money ha^cen set aside and fears
82,000 dollars, according to his construc- i that we may be OTbed to loan it to rail-
tion of the Constitution, the State can- j roads.
that vou ect a not ^eeP ^ as a charge against her, be- : Sir, there is an atmosphere of another
cause she would thereby contract a debt j character which sometimes hovers over
exceeding 100,000 dollars. If his argu- j these halls. I have already alluded to
ment is correct, the constitutional school 1 the efforts of lobby members to force us
fund now accumulating can never exceed ; to abrogate the school svstem in the
Government for the yearn 1854 and 1855, j the money should be invested in one par-
and other purposes. I ticular way, and no other. What is the
179. An act to authorize the County object of these propositions ? Evidently j
Courts to issue unconditional headright j to produce confusion in the ranks of the !
certificates where condrional certificates ' friends of the cause. What is the next J
only have issued. j amendment offered ? A bill establishing
180. An act to incorporate the Red j a system of schools, at the same time
River and Texas Insurance Company. j setting aside the fund. And why this
181. An act supplementary to an act
entitled an act to incorporate the city of
Corpus Cliristi, approved February 11th,
1852.
182. An act to incorporate the Nue-
ces and San Patricio Causeway Compa-
ny.
183. An act to incor]iOTate th« town
of La Grange, in the couii tv Qf Fiyette.
184. An act to define! ^ie cm rights
of aliens.
lo5. ~ Afi*act supplementary tffian act
entitled ~
•:'?i to er
;<ILt VA
ins, Algiers and ^
Texas, ap-jj
ami
Dalles rail-
1A
■iS
i kSrOrporate ? ^and Prai- ]
atute. , ^ - -
-tfrStt
lor.«on
company.
ict for the relief of Samuel
shing to the couti-
x,%for the years 1854
. An act, to authorize the Sheriff of
Calhoun e£tnrty%o"execute deeds In
tain cases, . •> *
: 29. An act to provide for the sale of
thf furniture of the old Capitol, and the
bases which contained the new furni-
tore. -
- 30. An act forthe relief of James W.
Magoffin tod; Hugh Stephenson. .
31. An act making appropriation for
the second class-debt "B,'** of the public
debt of the late Republic.
j, 32. An act supplementary to an act,
supplementary to, and amending an act,
far the relief of the citizens of Mercer's
colony of date, Feb. 2d. 1850.
83. An act to incorporate the Howard
association of Galveston. •
84. An Act to amend an act, incorpo-
rating the Clasksville and Mount Pleas-
company.
An act to allow John Douglass
, a minor, to transact business as
he were of full age.
An act to incorporate the Ara-
nana College.
81. An act to incorporate New Dan
viDe Masonic Female Academy.
38. An act to authorize the County
court of Freestone county, to levy an ad-
ditional tax for the purpose of building
a Court house.
89. An act to ament^n act, entitled
an act to fix the pay ana mileage of the
members of the legislature, approved
Apnt Kitli'j 1846,
40. Joint Resolution, instructing our
Senators and requesting our Represen-
tatives in Congress, in regard to the pas-
sage of an act, changing the port of en-
try at Point Isabel to Brownsville.
relief of Capt.
Opelousas ra d
proved. Fib.
afe. 74. An act
incorporate thevT
5 voad company.
An act foi*
Wesiley Aaskins.
76. An act to defiiST tEe fourth and
second Judicial district of Texas, and to
prescribe the time of holding courts
"therein.
77. An act for the relief of the colo-
its of Peter's colony.
'"8. An act making an appropriation
to pay for publishing the proclamations
of the Governor for the years 1852 and
1853.
79. An act supplemental to an act, to
incorporate the Jefferson railroad com-
pany.
80. An act supplemental to an act, to
amend an act, to incorporate the Buffalo
Bayou, Brazos and Colorado company,
passed at the present session of the leg-
islature. *
81. An act granting to Jesse Gibson,
guardian of George W. Cannon the
privilege of constructing a toll bridge
across the Neches river, at the place
known as Cannon's Ferry on said river.
- 82. An act to incorporate the Mc-
William's turnpike company.
83. An act to regulate Mustang chas-
es.
84. An act to amend an act, to incor-
porate the Memphis and El Paso and Pa-
cific railroad company, approved, Feb.
7tb, 1853. j
85. An act to encourage the building
of Steamboats, Steamships and other
vessels in the State of Texas.
86. An act to incorporate the city of
Brownsville, approved, 7th, 1853.
87. An act to make a further appro-
priation for the erection of a fire proof
Treasury department and Comptroler's
Office of the State of Texas.
88. An act to confirm the patent issu-
ed by the commissioners of the General
Land Office to Levi Jones and Edward
Hall on the 28tli November, 1840.
89. An act for the relief of the Ala-
bama Indians.
90. An act to create the County of
.Bosque.
91. An act to authorize the chief Jus-
129. An act confirming titles to the
colonists of Peter's colony.
130. An act to incorporate the Trin- j ruary, 1852.
ity River- ai d .<fr-lve?;.i Buy Dredging j 186. Joint resolution
Corapany.1"^-*-'^ ; oyer the grave of Gein
'13J. An aetSio. incorporate Milam , leson. _
" , hilj'jijiiil!f''Hi" ii '
_ |e StrnsriTi's j Comj.^.-•jfler of Public Acfcpuuts to
Ferrv Tmnpike Asmpax; 1 change certain lots therein feouticnedT
- An act authoriiE^g and reqnir-] 188. An act suppleuMsnfeil to an act
proposition'{ Why,-sir, as was observed
on yesterday, the other bill had no tail to
it, nothing to take hold of, nothing that
old fogyism could put its foot on, and hal-
loo hold!
All those amendments have the same
purpose—to produce a diversity of opin-
ion, and,prevent the setting aside of this
fund, until the money can be otherwise
disposedpf.
I would thank the clerk to send me
the substitute reported by the committee.
$100,000.
These are two of the gentleman's con-
stitutional objections, to what ? to the in-
vestment of the fund. Now let us take
it for granted, for the moment, that these
constitut ional objections are good. Then
it will be impossible to loan the money
hereafter. Why then are gentlemen so
affraid to set the money aside? I will
admit, for the sake of argument in dis-
cussing this bill, that, this money can ne-
ver be loaned out upon any security. I
ask, then, is there any cause for all this
uneasiness, for this stampede that gen-
tlemen are trying to get up ? Why not,
then, set aside the money ? Oh, no 1 that
is what they are affraid of—not the loan- j
ing of the money. For when it is once
set aside it is secure for the purposes of
education. The friends of education will
stand around it as a guard, and gentle-
men will not be able to get it for State
plans, or for the payment of the public
debt at the face value. Even if railroads
ect a t'.iinb
Edward
an act concerning the s^f^iVes j J \yicVi u> call the attention of; this House
of the Legislature, applied 16th Feb- i—of education—liotTVof- friends of
the payment of the- public' "rrebt at the {
faced value, who
-j
called the State plan—or the"magn'j(?cei tT
j scli' me proposed a few days sim'e by the j
•rreat civ
cannot get it, I want to see it set asid^
And if railroads don't get it, rely dflPr
it that the public creditors' will get itwT
foreyou know it.
The last argument—the cap-sheaf, the
key-stone, put in by the gentlemen from
Walker and Rusk, f
[Here Mr. BURNEY eallcd the gen-
tleman from Harris t* vorder.
Mr. CHARLT^tfi^-'-fa^
Jis debate,-that th'
PALM
en-
deavor to save the money for the payment
of certain claims at faec value in direct
violation of the policy heretofore estab-
lished by the people of the State. While
talking about intrigue and corruption, let
the friends of education look to it that
they are not intrigued out of their school
fund.
I believe the gentleman is in favor of
the State plan of constructing internal
improvements, by which it is proposed to
take not only all the money in the treasury,
but contract a debt of million of dollars.
From all quarters, we hear the strongest
condemnation of such a policy. The dif-
! ferent States which have heretofore pur-
sued that policy, warmly recommend that
i it should not be adopted any further..—
And why ? On account of the plitical
intrigue and corruption it has been found
by experience to engender and foster,
which have nearly made bankrupt, seve-
ral States of the Union.
The gentleman from Red River (Mr.
Stout) wanted- to know why we would
not adopt the amendment introduced by
Mr. Tayler of Fannin. Now, I would
ask that gentleman—jjrhat good jreason is
there, that future legats -p-eg should be
restricted, so that they .shall go accord-
ing to his present view, ^
His vies 4b, that the - 1
W-Mii'u t- and
change the 5th sec
ing the Auditor jand Comptroller to audit
the claim of Jackson, and .James M':Far-
land. * - * U&
134. Joint resolution for the relief
of McKinney and Williams.,
135.' An act" authorizing patents to
be issued in certain cases decided by the
District Courts.
136. An act to authorize the Buffalo
Bayou, Brazos and Colorado Railroad
Company to.assign land certificates.
137. An act donating to actual set-
tlers on vacant public domain one hun-
dred and sixty acres of land.
138. An act to
tion of an act creating the county of Tar-
rant, approved Dec. 20th, 1849.
139. An act to change the name of
John Gideon Slade to that of John Gi-
deon Bell.
140. An act for the relief of the heirs
of Thomas Scott deceased. *
141. -An act supplemental to an act
supplemental to an act to incorporate the
San Antonio Railway Company, ap-
proved September 5th, 1850.
142. An act relating to surveyors of
land in certain cases.
143. An act supplemental to an act
to perfect land titles in Castro's colony,
approved January 22d, 1850.
144. Joint resolution granting S.
Crosby, Commissioner of the General
Land Office, leave of absence from the
Stata.
145. An act making provisions for
running and marking the boundary line
between the State of Texas and the ter-
ritory of the United States of America.
146. An act to incorporate the Mc-
Kenzie Institute in Red River county.
147. An act for the relief of William
B. Jaques.
148. Joint resolution for the relief of
John J. Linn.
149. An act to have the laws, civil
and criminal, amended, supplied, digest-
ed and arranged.
150. An act to incorporate
University.
At k . . | tices of Cass, Hopkins, Titus and Up-
r , * , n appropriation. 3]mr coutlties to order an clcetion in their
rftwo hunted thousand dollars for the, re8pective countics for purposes therein
indemnification of the owners of slaves, 1 v
executed since the 24th Jan. 1852. | Vlo' * , . . .
AO * , . , , i 92. An act to create the county
4Z. An Act to encourage the construc-■ -
tion of railroads in Texas by donations
of
'ft
of lands.
45|. An act supplementary to an act
to incorporate the Clarksville and Mount
Peasant Turnpike company.
44- An act to locate permanently the
county seat of Cook county.
An act to incorporate Tyler Uni-
act to enable Henry F. Fisher
d Miller to perfect titles to
fm which certificates have been
Fish-
grant.
47. An act for the relief of Sylveston
92. An act
Coryell.
93. An act to incorporate the Galves-
ton Wharf and cotton press company.
for ceding to the United States jurisdic-
tion of certain lauds in this ptate for pub-
lic purposes, approved Dec. 19th, 1849.
189. An act creating the county of
Johnson.
190. An act to incorporate Rock
Creek Bridge and Turnpike Company.
191. An act to locate the seat of jus-
tice of the county of Robertson.
192. An act to define the time of
holding the District Courts ir^thc fifth
Judicial District.
193. An act to require the County
Court of Cass county to reconvey to D.
N. Alley certain town lots in the town
of Jefferson, and the notes given to said
county for any or all of said lots, which
may have been sold by order of said
County Court, which remain unpaid.
194.- An act to protect the public
buildings and grounds of the State, at
and near the city of Austin.
195. An act supplemental to an act
to provide for the erection of a Capitol
for the State of Texas, approved Feb.
14th, 1852, and an act to provide for the
erection of a State Capitol, approved
Feb. 7th, 1853.
196. An act to prevent the sale of in-
toxicating liquors within five miles of the
town of Marshal except for medicinal or
sacramental purposes.
197. An act to amend the ninth and
tenth sections of an act to regulate the
license and practice of attorneys and
counsellors at law, approved May 12th,
1846.
198. An act to change the name of
Elizabeth Jane Sinclair to Elizabeth Jan$
Hampton, and to authorize J. C. Hamp-
ton to adopt her as his child.
199. An act to authorize and require
the Commissioner of the General Land
Office to issue a patent to Margairet Ken-
nedy.
200. An act to incorporate San An-
tonio Lodge, No. 11, of the I. 0. O. F.
201. An act granting to John T.
Tyler Grumbles the privilege of erecting a grist,
flour manufactory, saw and planing mill
gentleman might procccd.
gentleman from Galveston, (Mr. Frank-j r C'^ , -c
lin.) But I wish to call the attention of < , n^svbe excused i
Mr.
hands or .
.* "i vy" "
wo
•).
the friends of education to some of the
provisions of this bill offered as a sub-
stitute.
The first section proposes to set aside
two millions as a school fund. The se-
cond section provides that it shall be kept
so invested as to form a permanent cap-
ital, the principal of which shall not be
used, and the interest arising therefrom
shall be annually appropriated to the
support of schools in such a manner as
may be hereafter established by law.
The third section, provides that until
the legislature shall think proper to in-
vest it otherwise, it shall be kept, as now,
in United States' bonds.
Now, if no other law should ever be
passed, investing it otherwise, I warrant
it would continue invested as it is now.
Whilst I have the floor, I cannot refrane
from alluding to one of the constitutional
arguments, or rather, as I should call it,
a constitutional of the gentleman
from Walker, (Mr. Wiley.) The first po-
sition assumed by him on yesterday morn-
ing was, that the Constitution did not an-
ticipate or contemplate the provision of a
fund, until a system had been established.
Now, sir, I will take the Constitution, and
if I do not show to the satisfaction of the
House, that the Constitution, so far from
raising that presumption, expressly raises
a presumption to the contrary—that the
fund shall be established first, I am wil-
ling to yield the point. The first sec-
tion of the article on education is : "A
general diffusion of knowledge being es-
sential to the preservation of the rights j terest on it to the school fund. Is that
der in < ti;ying to gentlemen
have preceded me in this- debate. When
we undertake to chase 'rabbits, we must
pursue them through brier and brake.
To rcturnihen; the beautiful key-stone
of these gentlemen is the proposition,
that after this money has been appropri-
ated, it cannot be invested. I am wil-
ling to admit it; then let us appropriate
it as soon as possible; for when you get
it appropriated, you can't invest it in any
other way. But the truth of the busi-
ness is, the argument is not good, and
its fallacy has been well exposed in tlffc
few remarks made by the gentleman from
Bexar, (Mr. Maverick.)
The truth is, this money is already
loaned. It is nothing more or less than
a loan to the United States. Wc per-
mitted the United States to pay us in her
bonds, drawing interest, instead of the
cash.
What is to become of this money after
the present loan expires? The United
States Government has the use of it now.
Then the legislature of Texas cannot let
the United States have the use of it, but
it must be brought here in hard dollars
and cents. Suppose it were already here
in specie, and an effort were made to in-
vest it in United States bonds, would you ; voa(]p running through and concentrating
ndoi* onw anid/>fiAn m*rra<i r\tr opai' _ • « «• • . .i « a —
hear any objection urged by these gen-
tlemen to such investment. But I want
to know, then, what is to be none with
the money ?
It remains in the treasury of the State
of Texas, and draws no interest whatev-
er ; or the State of Texas must pay in-
151. An act to amend an act entitled I on a portion of the reserved lands of the
an act to incorporate the town of Lock- ! State, contiguous to the city of Austin,
hart in Caldwell county, approved Feb. : 202. An act granting land in pay-
10th, 1852.
and liberties of the people, it shall be the
duty of the legislature of this State, to
make suitable provisions for the support
and maintenance of public schools."
What does it next say ? "Sec. 2. The
legislature shall, as early as practicable,
establish free schools throughout the
State, and shall furnish means for their
support, by taxation on property ; and it
shall be the duty of the legislature, to set
apart not less than one-tenth the annual
revenue of the State, derivable from tax-
ation, as a perpetual fund, which fund
shall be appropriated to the support of
152. An act to fix the salaries of cer- ! on the 18th December, 1837, to the fami-
tain State officers. ,Jy of Erastus Smith, known in the histo-
] 153. An act to change the northern | ry of Texas as Deaf Smith.
j boundary of Lavaca county. 203. An act to organize the Cook
i 154. An act to incorporate the Sa- ! and Denton countv land district.
! bine and Lakefork Bridge and Turnpike ! 204. An act t'0 amend thc 2(1 section
| ment of an allowance or pension granted free public schools; and no law shall
in accordance with gentlemen's vi^rs of
political economy; to keep JHis money
rusting in the iron safe, and at the same
time force the State to pay 100.000 dol-
lars interest annually on it, when she is
receiving no benefit whatever from it ?
Mr. Speaker; as was justly remarked
by one of the candidates in thc recent
election—you must either use the princi-
pal for the support of common schools,
or make the State pay the interest, or
you must invest the moiley—one of those
three things.
Why, sir, the gentleman from Walker
appealed so warmly to our historic remi-
niscences, and brought out in such glow-
94. An act to provide books for the j Company.
i use of the Supreme court. 155. An act to locate permanently
95. Joint Resolution forthe relief of the seat of justice for the county of An-
ever be made, diverting said fund to any
other use; and until such time as the le- j jng colors our fathers who liad adopted
I gislaturc shall pro\ ide for the establish-: ^jg Constitution, as men who had fought
! ment of such schools, in the several dis- j
tricts of the State, the fund thus created I
against thc
I shall remain as a charge
i8sao4 to them within thc limits of
er'saad Miller's
48. An aet for the relief of the Colo-
nial* of Fisher's and Millers's colony.
49. Anact extending the time for the
jreMn of field notes of claimants to
l*nd in Fisher's and Millers's colony,
in Castro's colony.
50. An act to amejd an act to incor-
porate the Colorado valley railroad com-
-4.V An ^t suppflSientary t<y an act,
jtfopriations to defray the ex-'
"oftl iree companies of volunteers '
< 4 ' (
the contractor on route, No. 6287.
96. An act to create the county of
Karnes.
97. An act making appropriation for
the rescue of captives now in the hands,
or may hereafter fall into the hands of
the Indians.
98. An act to incorporate thc Sabine
and Rio Grande railroad company.
99. An act to incorporate the Dallas
bridge and crauseway company.
100. An act authorizing and requir-
ing the county courts to regulate roads,
appoint overseers, &c.
101. An act to incorporate the Gulf
coast and Austin city railroad company.
. 102. Joint resolution regarding mail
service from the mouth of Red river to
Huntsville.
103. Anact to amend an act to pro-
vide for^tssessment and collection of taxes
gelina.
156. An act to authorize and require
the Commissioner of the General Land
Office to issue to the heirs of Walter H.
Gilbert and wife a certificate for 4108
acres of land.
157. An act for the relief of certain
persons therein named,
158.
of an act to amend the 2d and 7th sec-
tions of an act entitled an act to organize
thc Supreme Court of the State of Texas,
approved Nov. 30th, 1850.
205. An act to incorporate Church
Hill Male and Female Academy.
206. An act for the relief of James
i McGloin.
207
of
free
State, passed to the credit of the
common school fund." Here is? an ex-
press admission that it wa> not practica-
ble at that time to establish a system, but
that it was practicable to establish a fund.
The framcrs of the Constitution say that
I the formation of the fund shall commence
; from the adoption of that instrument.
It expressly says that the fund shall be
and bled in thc (lavs of our revolution—
and I almost expected to hear him say
died, too—before the formation of our
State government, lie seemed to have all
his sympathies aroused, and to desire to j and Georgia, among them—States which
arouse the sympathies of the House up-
on the subject. Now, sir, when constitu-
tional questions are under discussion, I
like to hear them discussed calmly.
If we we're discussing a railroad bill,
I could call up the dying groans and strug
fifesji"*
get out o#or^1 ^ ^ .
He spr. '-:s ®$!>iWC-& the
people hot being in favo of SnFpolicy.
I beg leave to differ with -\.at gentleman;
and will venture to assert, that wherever
thc question has been made a direct issue,
the voice of the people has been decidedly
in its favor. Every candidate for Go-
vernor declared it as his favorite policy:
the Governor elect, the present Governor,
Mr. Henderson, I believe Gen. Johnson,
and I know Gen. Chambers, all declared
that they not only would set aside the
money for public schools; but would go
further, and loan it to railroads. I ven-
ture to assert that there is not a member
upon this floor, who declared himself be-
fore the people, opposed to this policy.
The gentleman asks—What State has
ever loaned money to railroads, and got
it back ? I will refer him to the State of
New York. She has §1,700,000 loaned
to her local roads, upon which she re-
ceives the interest annually. The mo6t
of the States have taken stocks in then-
roads, instead of loaning them money. If
it is safe to take stock in them, it is cer
tainlv safe~ to loan them money. One
city (Albany, N. Y.) loaned one railroad
one million of dollars; upon which she
receives the interest annually. Savan-
nah, in Georgia, has loaned to the local
in her limits, the sum of five million of
dollars: all of which has been paid back
to her, or is now worth a premium in her
hands. I can point" to cities which have
actually loaned more money to one single
road, than the State of Texas now pro-
poses to loan to all her roads. Whilst
we were quarrelling here last winter about
loaning §2,000,000, the State of Virginia
actually appropriated §S,000,000 of.dol-
lars—taking stock in the roads to that
amount, and taking the risk. But by a
loan, as long as there is a foot of iron, the
State is secure. The iron proposed to be
laid down on thc roads, will cost double
the amount proposed to be loaned. And
yet gentlemen get up here, upon a bill
with which this has nothing to do, and
say that it provides no security to the
State. I tell those gentlemen to wait till
that question comes up, and decide it up-
on its merits.
There is another queer idea entertained
| by the gentleman from Red River—that
; if we lend money to railroads, it will make
| us hewers of wood and drawers of water,
j I beg that gentleman to cast his eye over
the States of this Union, and sec which
! are the hewers of wood and drawers of
water. Arc New York, Massachusetts,
have been foremost in encouraging works
of internal improvement ? No, sir. But
he will find them in those States-where
hide-bound politicians have kept 'them
from developing their own resources,1 un-
til they have become almost deserted:"
venue
. . . .... . Judges may be disqualified from-trying.
An act to repeal a lomt resolu- Snc \' ,. f „ J , n
j tion for the punishment of vagrants, ap- 2°8- Au act for the rel,et of lleuben
An act to providl" for a change ' form"ed innlK-dia'tel^^as soo'n 'as possible" g,c^of the inurdered oxen, whose bones j their inhabitants are fleeing from them,
of cases in winch thc Disirict ,)llt that the system shall be established j Ue Weeehing upon our prairies, and ap-
is soon as practicable. Gentlemen re-1 U. v?
upon
us to save thc
prairies, anct ap- j to save themselves from ruin, bankruptcy
"constitutions" of and (I had almost said) starvation.
proved Jan. 10th, 1839.
Fisher.
, -n . ., „ , 209. An act to incorporate Newburn
iay. An act to provide ior the estab- , Academy.
lishment of cotton and woolen factories "
'n penitentiary. ggf The provincial government of
. 1 ac': amend an act to or- Bohemia has issued circulars forbidding
ganize^ County Courts, approved March Jews to give their children Christian
16th, 1848.
161. An act to amend the first, third,
sixth and seventeenth sections of an act
entitled an act to incorporate the Browns-
ville, Rio Grande Railroad Company, ap-
to give
' names, or to keep Christain servants
approved Feb. 11th, 1*50. * l proved. February 7th, 1853,
10^-^An act to repeal the first s^.rtreh "* 162": A;£a>*0 ;nr
t :i>f° incorporate the Chain-
B@ .The Washington
that Colonel Redfield has removed a
gleSappoiiftee of Branson's, and that the
sonlof th<? latter fiaT "been, continued
Cashier.
mind mc of a man undertaking to build a j
house before he knows where the money i
| is to come from. We are told by the
; Good Book, that when the wise man builds
himself a house, he first sits down and
; counts the costs, and I will add further,
j that he will make provisions to pay them,
i I do not wish to be involved in a dis-
| cussion in relation to the propriety of
r~ r 'any investment to be made hereafter.
Union' denies We had just as well say that the two mil-
sin- lions was to be used to support the State
plan^cif to be lent on u <
vested if! ahy of the th' usan.i
to the cajuTitlisi. vW
He says, again, better give the money
to them entirely, if it could be done eon-
. ->.7
I '
oi in-
u own
ss'.uies
their living tribes.
Could they but speak, they would .
doubtless exclaim most earnestly—for j stitutionally. But the friends of pifpbill
your country's sake, and for the sake of I have not asked it; and why ? Because
your beasts of burthen, give us internal : they are the friends of education, too;
improvements ! and whilsr they make use of the principle
1 to cncourage internal improvements, they
There was another tiling which amused
mc in the speech of the gentleman from
Walker. It was his quoting to the House „ .
as a wise saying a remark of a certain ] flcl£nt for its suppo:
desire that the school system should en-
joy the interest, which will he amply suf-
! ari
gentleman who spoke here some three
eeks since. Now, sir, I do not think
tlmjemarks made on that day by that
di®^M^Fgentlema%- applied at all ; is not the investmen
And h^ sa« t aftorv.m-d^that''
I have listener
rgun
ill, ii
ments of gentler
bill, and I am pei-£pl
.
-%
s
■*
to
('"Hi,
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Ford, John S. The Texas State Times (Austin, Tex.), Vol. 1, No. 12, Ed. 1 Saturday, February 18, 1854, newspaper, February 18, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth235724/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.