Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 27, Ed. 1, Saturday, January 14, 1854 Page: 1 of 4
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TRI-WEEKLY STATE TIMES
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VOL. 1.
AUSTIN TEXAS SATURDAY JANUARY 14 1854.
NO 27.
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FIFTH LKGISIjATURK.
DEBATES IN THE SENATE.
J.T. FttiUKT Reporter.
Fiuday Dec. 30 1853.
The" bill to be entitled An tict to
amend an An act supplementary to An
act. to incorporate the Vicksburg and El
Paso Railroad Company being before
the Senate with report of select commit-
tee. The President decided that the
motion to refer to select committee re-
quiring them to report to-day at 11
o'clock also contained a clause making it
the special order of the day for that
hour.
Mr. MARTIN offered a minority re
port recommending the rejection of the
bill: and then stated that he did not un-
derstand that the mom-referring to Se-
lect committee to report to-day at 11
o'clock made the bill and report the
ipecial order for that hour.
U Mr. PASCHAL Mr. President: I
made the motion to meet the views of
Senators. It was to avoid delays on
the one hand and to secure information
on the other as some seemed anxious to
get the bill passed without delay while
others wished time for the purpose of in-
forming themselves as to the effects sought
to be attained by it. It was as I under-
stood to make the bill the special order
for the day at 11 o'clock.
Mr. SCOTT Mr. President: The
Senator from Bexar (Mr. Paschal) was
right in stating that the motion to refer
to select committee making it their duty
to report to-day at 11 o'clock upon the
bill also making it the special order for
that hour ; therefore the bill and report is
properly before this body for action. I
understood it to be thus it appears the
President did also as well as many of the
members upon this floor. When Sena-
tor Martin made the first motion to refer
to select committee I remarked that I
was willing that the bill should bo laid
over until to-day as that gentlemen
could have an opportunity to inform
themselves in regard to it: but did not
wish to havo-the?bill meet with any un-
necessary delay. Senator Martin was
pressing his motion when Senator Pas-
chal came in with a motion to refer to se.
lect committee whose duty it should bo
to report to-day at 11 o'clock making it
also the special order for that hour.
(The journals were heie referred to
but did not show that the bill was made
special order of the day ; showing only
that it was referred to select committee
whose duty was to teport to-day at VI
o'clock..
' Mr. BURKS Mr. President : Ilid
not understand it to have been made' the
special order? for this hour when that mo-
tion was put'yestorday. All that I wan-
ted was time to examine the bill .and see
what is sought to be attained by it ; that
I may vote undorstandingly. I do not
wish to be understood to say that the
bill was not made the special order of to-
day but that I did not understand it to
be so.
Mr. HART said that the committee
had reported back this morning upon the
bill and that he thought under a rule of
the Senate it would have to lay upon the
table'onc day for consideration.
Mr. GAGE Mr. President: I can-
not see the object that the friends of the
.bill have in pressing it with so much haste
if it i3 harmless in its features. It may
bo that wo ought to pass the bill but I
do not like to see them press the matter
with so much haste I would like a little
more time to give ono an opportunity to
understand the bill better. If it is a
good bill investigation will not prevent
its passage.
Mr. MARTIN Mr. President: The
committco have only partially examined
this bill. There are many things in re-
gard to that chart or which ought to bo
laid before this Senate The -object of
tho motion yesterday was for delay (as 1
understood) and thus give gentlemen time
to inform themselves. The committee
could not fully examino the case being
required to report at so early an hour. I
'assure tho Senato that it is a question of
great importance and theroforo hopo that
it will not bo acted upon to-duy that
gentlemen may have moro time to inves-
tigate it.
Mr. " SCOTT Mr. President: I
trust there will not be made another mo-
tion to farther delay this bill. Gentle-
men know all the facts in regard to it.
There is nothing moro or less of it than
what is expressed upon its face. It has
been some three weeks before tho Sen-
ato was regularly referred to the com-
mittee on internal improvement? that
the committco reported it back to this bo-
dy with an amendment to strike out a cer-
tain section and also recommending its
passage; then it was laid upon (he table
(under rule) ono day for consideration to
come up in its regular order. It came
up regularly before this body when on
yesterday the motion was made to refer
to select committee with the view there
is no doubt in my mind of defeating the
bill although it has been said that the
motion was made for the purpose of get
ting information. Now sir a. delay of
ibis bill may be the means of defeating
it without giving it a chance to pass off
on its merits. Suppose that it should
bo made tho special order of the day for
sometime next week ; some gentlemen
well skilled in delaying matters may be
able to get it postponed to some future
day again until it will get in the House
in time to pass that body before the ad-
journment of tho legislature. Wo do
not seek to get any advantage above those
given in our charterj; we merely ask for
a ratification of our acts at the meeting
when we organized. Some of us do not
think it absolutely necessary that a rati
fication of that meeting should bo had
though there are others who think the
organization was illegal and that the
ratification should be had. Our object
is merely to clear up all doubt on that
subject so that the people will not hesi-
tate to subscribe for stock in any compa-
ny. We know that there are some who
arc opposed to this bill and who would
proclaim to the world that our organiza-
tion was illegal to prevent us foom ob-
taining stock and it would have the ef-
fect to intimidate some men who have
capital living in that country and who
Avishto make an investment of their
money which will be undoubtedly safe.
We wish to go on with the work in good
-faith and if Ave do not get this supple
mentary bill passed it may be the means
of defeating our object. We have $250-
000 subscribed to the stock of the com-
pany ; a part of which has been paid in
the engineer of the company has run
and surveyed the 1 ne in part; the file
has been made of the ballance of the
route. We are entirely a Texan compa-
ny and only ask to be put upon an equal
footinc with other companies. 1 must
consider any proposition for further de
lay a proposition to defeat the bill.
- Mr. MILLICAN Mr. President: I
am in favor of having the bill postponed
till some future day that we may sec
whether it will in any way affect the con-
struction of the Mississippi and Pacific
road. Although I was found voting
asrainst the bill for the construction of
that road ; still I would like to see it have
a fair chance. I do not intend to help
bring about the defeat of the bill intro-
duced by tho gentlemen from Harrison
and which is now before us by continu-
ed delays. My wish is a little more
time for investigation that we may satisfy
ourselves that it will not clog the bill
which has just been passed by this legis-
lature for tho construction of the Pacific
Mr. McANNELLY Mr. President:
I would not undertake to defeat tho bill
by delay because I do not think that
would be fair. I would like to see it
pass off on its merits if it has any and if
it is without merits it will not be likely
to pass. The question which wo should
ask is; what is right? And upon satis-
fying ourselves try to doit. I must ac-
knowledge however that I am not much
in favor of legitmatizing acts done a long
time since bv corporations acts which at
most wo know but little about Wo don't
really know what will bo the effect of
passing that bill. They ask us to make
Koino of their illegal acts legal I think
we ought to know just what we are do-
ing or just what will bo the effects of
that bill beforo wo vote for it.
Mr. WREN said That if tht chair
nan entertained the motion to reler to a
select committco making it their duty to
report to-day at 11 o'clpcjc and also ma-
king the bill and theji'i report a special
order for that hour thai it was improp
er. A motion to make special order
for tho day should bo distinct fiom a mo-
tion to refer.
Mr. Paschal here made some remarks
in substance as follows Mr. President :
1 am well aware from tho opposition
which 1 have witnessed to that bill that it
arises from a jealous apprehension that it
may effect the great enterprise of the
road from the Atlantic to tho Pacific a
portion of which will be in this State and
which Avas contemplated recently by
both Houses of this legislature in the
passage of the bill to provide for the
construction of tho Mississippi and Pa-
cific road. I believe if that apprehen-
sion Averc (piloted no one Avould say that
the friends of this bill are asking any-
hing unreasonable.
1 knoAV that it is possible that the State
Avill be tho looser somewhat ; hho might
loose 1-10 of the alternate sections but
there is no reasonable probability that
the Pacific road Avould be cmbarassed.
If it Avould effect the Pacific road at all
it Avould have a favorable effect as tho
company that undertakes the construc-
tion of that road might determine to
build a double track through to El Paso
and therefore tako hold of tho Vicks-
burg and El Paso charter and locate
theirs along side of it and thus secure
the Avhole of the land for three miles on
each side of the road. But I have not
many fears that the State would lose a
nart of her alternate sections from a
course of that kind for I do not think
that those Avho are to undertake the con-
struction of the Pacific road Avould be
likely to pursue such a course. I believe
that it will be quite a number of years
beforo a double track to the Pacific road
-will be constructed through to El Paso.
I understand that the gentleman from
Harrison (Mr. Scoot) Avishes is for this
legislature to ratify the organization
Avhich Avas had of the company in April
last and Avhich some have supposed Avas
not exactly in accordance Avilh the char-
ter granted in 1852 Avhich required that
the first meeting should be .held on the
first Monday in July of that year; al-
though there Avas a supplementary act
passed Teb 7th 1853 wiich gives the
directors the right to hold their first
meeting at such a time and place as they
may think proper which might induce
one to believe that it is not necessary to
ratify the meeting held at Tyler for the
organization of the company.
Mr. BURKS here called Mr. Pas-
chal to order on the ground that the
merits of the bill Avas not before the Son-
ate. Mr. PASCHAL thought there Avas a
motion before the Senate but if out of
order he Avouldnot say anything farther.
Several gentlemen here made some re-
marks Avhen the question Avas taken up-
on the decision of the chair that the
bill Avas made by the motion of yester-
day the special order for this hour.
The decision of the chair Avas sus-
tained. The question Avas then upon a motion
to postpone until to-morroAV.
Mr. LOTT Mr. President: It is a
bill that has been before ub for some time.
All have had an opportunity to examine
its provisions and understand its object.
Some gentlemen seem to think there is a
"snake" in it: that there is something
bad in it they do not appear to have the
least doubt. Well iioav if there is any-
thing in tho bill that is not expressed I
am not capable of seeing it. It has un-
dergone tho investigation of Lavo commit-
tees; neither of Avhich have been able to
bring the snake to light Avhich some gen-
tlemen seems to think lies hidden in it.
I can assure gentlemen that that bill is
just Avhat it purports to bo. Who are
those that ask further time in regard to
this bill? Tho very men who Avill defeat
it if it is in their power to do so. AVe
ask a ratification of the meeting that Avas
hold at Tyler to organize the company;
because some persons seem to think that
it was somewhat exceptionable not that
Ave Avish to acquire any iioav rights. Gen-
tlemen seem to think that tho passago of
tho bill may confirm tho filo that has been
inado in the landoflico of the routo of tho
road.
Tho filo is not mentionedjn tho bill. I
ask gentlemen toreadtho bill Avith care
and say Avhother theytthink it affects that
file at all either one way or tho other.
Does it confer any now rights? Gentle-
men lmvo not shown us that it docs a
single ono. It is a question that deeply
interests the people of the eastern portion
of the State. Will this legislature rofuso
to place that charter upon the same foot-
ing as others ? I hopo senators will con-
sider this matter and lot tho bill pass.
Noav if I thought delay would chango a
vote or that every senator had not made
up his mind in regard to it I should bo
willing to have it postponed until to-morrow.
It seems to mo that tho obiect of
the bill is too plain to be misunderstood :
it is as I havo said before to ratify tho
meeting held at Tyler. I Avould not striko
a bloAV at the Pacific railroad. I claim
to be ono of its mest ardent friends and
Avould voto for a repeal of the charter for
the Vicksburg and El Paso railroad if I
thought it Avould iritorfero'Svilh the' con-
struction of tho former.
Mr. ALLEN hero asked Mr. Scott
the folloAving questions :
1st. Was the meeting of the corpora-
tors held at Tyler at which tho organi-
zation of tho board of directors Avas had
held by authority of hiAV ? If so and the
board did not go beyond the Statuto
Avherein exist tho necessity for ogislatio
confirmation ?
Mr. SCOTT : It is because some think
the organization Avas not legally made
though many of us believe that it Avas.
We wish to remove all doubt so that
kv-iiwmon win hji mroiiuLe iu suuaunuu
to the stock of the company.
2d. Was any resolution passed at that
or any subsequent meeting instructing
tho President of that board to mako tho
filo noAV in the land-office identifying tho
track of the road ?
Mr. SCOTT said that lie Avas not pre-
pared to say Avhat Avas tho action of tho
directors in regard to making that file.
He did not know Avhcther tho President
Avas authorized to make tho filo or riot ;
but kncAV that ho Avas authorized as agent
of the company to locate the road.
Ho Avas one of tho directors; but so
far as the bill before them Avent it could
not affect their action of October last. It
Avas to ratify tho. organization meeting
hold in April last. Ho said the propo-
sition Avas made before the committee on
yesterday by tho friends of tho bill that
its proA'isions should not extend beyond
tho meeting under Avhich the company or-
ganized ; but as it did not meet with fa-
vor from tho opponents of the bill tho
friends of it did not think it Avorth their
Avhile to press it.
Mr. MARTIN Mr. President: The
committee Avere not fully satisfied Avhat
might bo the effects of that bill: they
Avcro not in possession of the rules and
regulations Avhich have been adopted to
govern tho Vicksburg and El Paso rail-
road company : they did not knoAV Avheth-
er the bill Avould confirm any sale of tho
charter or not. Without such informa-
tion a portion of the committee thought
that it Avould be fniugl t Avith danger to
pass this bill : that portion could not re-
commend its passage Avithout knoAving
fully Avhat might be the effects of it.
Some remarks havo been inado Avith
regard to my feelings and position on this
subject ; and doubtless no ono should feci
and do moro than myself if it did not
conflict with tho construction of tho Pa-
cific railroad ; for it Avas intended to run
through my district) and will if construct-
ed ; but sir I havo no expectation of itB
ever being built further than Marshall
under the original charter: and if tho
amendment proposed is passed it Avill bo
an open conflict witli tho main charter.
I belioAro that tho Pacific road Avill bo
built and afford all the facility that tho
people of that region can wish ; and
Avhile I believe this I can never voto for
a project that leaves on every pago of its
history a Avant of everything bin specu-
lation ; and shall oppose it unless upon a
further examination I shall become con-
vinced that it is harmless in its provisions.
Something lias been said about a meet-
ing which Avas held in Tyler. I am able to
throAV a little light upon the transactions
of that meeting and of which senator
Lott Avas a member by rending from tho
Tylor Telegraph which 1 hold in my
hand and Avhich published tho proceed-
ings of that meeting Avhich Avas hold on
tho third of October last and publishou
in tho paper of tho eighth of sarru&
month Wo Avill see by tho resolutions of
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Ford, John S. Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 27, Ed. 1, Saturday, January 14, 1854, newspaper, January 14, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth78418/m1/1/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.