Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 9, Ed. 1 Saturday, December 3, 1853 Page: 2 of 4
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«¿e that the constitution fully contem-
thftt when he took that position, he
í ffl] the office of Lieutenant Governor.
> elected it is trae, President of the
the time being; the lieutenant
Governor, and he by virtue
Lieutenant Governor,
POTTER—Mr. President: the
rides that, "If
be equally divided on any ques-
the Lieutenant Gover-
, such question or motion
„ This shows that the Presi-
dent elected for the time being is not to give
vote, but is expected to vote upon
the President of the Sen-
:isnótallowed túvote,
be wijnout a
on thos floor. I apprehend
i might be thrown upon this
examining the rules which govern
States Senate m like cases,
resident pro tempore gives the
and also votes in the call, but I
do apprehend that that construction
be raven here.
EN said that if the construction
constitution claimed by the Senator
from Anderson were allowed, Mr. Taylor
wouldbe without a seat in the Senate after
installation of the Governor and Lieutenant
Governor elect, and consequently would have
to return home to his district and be elected
aciin; while his constituency would be all
Hfls time without a representative.
MR. SCOTT said that the question was
1 in his mind, that the president of the
ibr the time being, had no right to
^ easting vote, bat had a right. to vote
upon allquestionswfiich any other Senator
had; but that so soon as he was called upon
toabas lieutenant Governor, or Governor
he must resign his seat upon the floor of the
Senáte, and it will in that event be the duty
of the Governor to order a new election in
his district.
MR. HART (being in the chair,) decided
that Mr. Taylor though occupying the posi-
tion of President of the Senate, is entitled
tpavote as any other Senator on 'the floor
but not entitled to give the casting vote in
any cases of a tie.
The point of order being disposed of, the
then before the Senate was upon
Guinn's amendment to the bill. to su
press vice and immorality on the Sab
The amendment was adopted and also
some other slight amendments.
MR. SUBLETT—Mr. President; I re-
gret that I feel it my duty to make some re-
marks upon this subject; that I feel it my
duty to give some reasons why I cannot vote
for the bill. If 1 were a man of unquestion-
able morals, if I had devoted a life to ad-
vance the cause of religion, my remarks
might strike gentlemen with more force; but
I flatter myself that I have as correcta no-
tion of monk, and as warm feelings for the
erase of religion as any gentleman upon this
floor. I believe that the erase of religion
has received great damage from those who
axe continually doing every thing to accom-
plish all in one day. I shall speak my sen-
timents freely in regard to this bill. It is
ttue that it does not strike directly at the
_ _ of individuals, but it does aim a
„ at their consoiencies, and are there not
men in the world whose oonsciencies are dear-
er to them than money, yea, dearer than all
the world besides? There are some who
worship upon a different day from the one
provided in the bill; when you interfere
with their right to do so, you are interfering
with matters of concience, you are legisla-
tinga man out of his rights, rights which
are secured to him by the constitution, rights
which it would be almost a sacrilege to attack.
I would not have one right of mine taken
from me by the legislature in matters of con-
science upon any consideration. If I wish-
ed to advance the cause of morality and re-
ligion, I would seek to elevate public opinion,
p<nn«t, the churches, help the ministry m their
good work, telling them that it is by love and
worthy example that they are to accomplish
their object, and not by driving, especially
Texians, for they are not made of stuff to be
driven. I have asserted that this bill is
MÓnsttfce provisions of the constitution.
(Here the Speaker read the 4th section
of the let Article of the constitution).
By this bill you are * interfering with
the rights of conscience in matters of
religion f yes, you are even giving
preference by law to particular reli-
gious societies and modes of worship;
you are not protect!
/ion in the peaceable enjoy-
of their own mode of public
worship." but providing that all shall
Worship opo° a day certain, bat if they
do not, ibey are sobjeet to ihe penal-
ties which] you have fixed in the law.
ti subject of religion is not a sab-
of legislation; but if it is not re-
motives which has called that
9ii> out, then I am not acquainted with
the objects of the friends of it. Now
it is the principle of legislating upon
niters of religion that 1 am opposed
71 would not take the first step to-
it, for we cannot tell where we
mkI if we commence it. We
th*t the abolitionists of the
allowed to take step
petition after
in
If we take step after step in legisla-
ting upon religious matters, we can-
not tell how much trouble it may fi-
nally put us to. Now if gentlemen
suppose tbat 1 am representing a con-
stituency that like to enjoy the privi-
lege of fishing, or of getting drunk
on the sabbath; 1 can tell them that
I believe the moral tone of my constit-
uency will compare favorably with
any other portion of the state. What
] say upon this question is not for politi-
cal capital, for I feel myself perfectly
untrammeled in regard to the policy of
tbat bill. A part of the bill applies to
the subject of gambling. W« already
have stringent laws upon that subject,
and they have been faithfully executed
in my district, and are amply sufficient
to do all that law can towards sup-
pressing that vice, if enforced. I may
be told that there has been a sabbath or
Sunday set apart in every state in the
Union, this is easily accounted for; few
men in this country will take the res-
ponsibility of assuming a position that
may seem to militate against the Chris-
tion religion, and hence its most enthu-
siastic friends, have succeeded in giv-
ing it legislative sanction: but 1 hold
it to be an infringment upon a mans
natural rights, and that the State of
Texas has no right to set apart a par-
ticular day and call it Sabbath, and
punish all of her citizens who do not
observe it. I hold that a man has just
as much right to work upon the Sab-
bath as any other day, without being
liable to the penalties of the law. I
would leave a man to be governed by
bis own free will; but then il he work
ed upon the Sabbath, public opinion
should frown him down.
MR. BRYAN—Mr. Presidént: I
am of the opinion that the substitute
is a better bill than the original one. If
either are to pass I hope that it will be
the substitute, though it is my wish
that neither should.
MR. GÜ1NN—Mr. President:
cannot endose the sentiments of the
Senator from Travis, neither do 1 call
in question his motives for the course
he is pursuing in regard to fhis bill.
He appears to be a man tenacious for
Christianity and morality; but if I
understand him be thinks that the fra-
mersof the bill and its friends are
great enemies to Christianity and mor-
ality, because they attempt to legislate
upon the subject. But how is that ? I
agree with hiin that every man has
the right to worship God as he pleases.
He says tbat the bill would infringe
upon that right, but I can assure him
that it has no such object in view. It
has this object in view howéver, that
a man shall worship God as he believes
to be right, aud without molestation.
The honorable Senator will admit that
a man has no right to do a thing that
will infringe upon the rights of anoth-
er. He says that by passing laws for
the observance of the Sabbath we in-
fringe upon the natural rights of a
man; but the Senator will also recol-
lect tbat as the price of becoming mem-
bers of society, we are to give up
some of our natural rights; some of
our former liberties are to be abridged.
The bill has nothing in it that will com-
pel a man to go to church ; that will
compel a man to observe the worship
of the Methodist or Presbyterian
church ; or to observe the doctrines
of any church, but merely requires a
man to respect the Sabbath. The bill
is much modified in this substitute; it
was thought that if any penalty were
to be attached to hunting and fishing
upon the Sabbátb, that it would endan-
ger the passage of the bill, and there-
fore that part of the original bill was
left out. It has been so modified in re-
gard to gambling: tbat it will not conflict
with the gambling laws now in force.
If it is to be modified much more, it
will not be worth troubling ourselves
about passing; but let us do some
good by passing a bill upon the subject
if it is not as good a one as we might
wisN If we wish to sustain our lib-
erties, we must uphold morality and
Christianity, we must cause vice and
immorality to flee from our land; ex-
exalting religious principles which is
acknowledged te be the. foundation of
society ; and if legislation be necessa-
ry to do it, then the tim« has coine for
legislation upon the subiect.
DEBATES IN THE HOUSE.
W. P. WEEKS, Reporter.
Friday, Nov. 23, 1853.
Mr. THROCKMORTON offemd ft * fni.
lowing resolution:
Resolved, that the Committee on Public
Debt be instructed to take into consideration
the proprietv of makinsr an «nnmnriitinn
—~ r vr*'vv v* Brrlur *«nuu vo
pay that portion of the first cÍum
by citizens of Texas.
He said—In offering that resolution, Mr.
Speaker, I am aware that I tread upon almost
forbidden ground. The system of settling
the debt ot Texas has been already indica-
ted by former legislatures. And unfortunate-
ly many of her staunchest defenders now find
their just dues withheld from them.
I simply ask to bring this subject before the
Committee on Phblic Debt, that they may in- j
vestigate the matter, and report by bill or oth-
erwise, whether or not it is sound policy to ¡
pay that portion of the first class debt held by
citizens of Texas. Among those embraced
in that class are many whose labors have large-
ly contributed to make Texas what she is, and
who are poor, almost pennyless. And they
are not able to get their own, for the very
reason that so large a portion of the claims
included in the first class are held by those
who are not citizens of Texas.
I hope the House will adopt the sesolution.
Mr. STAPP offered a substitute, embrac-
ing the whole debt.
Mr. THROCKMORTON said—It cannot,
sir, be a sound policy to adopt that substitute
—former legislatures have indicated the poli-
cy that the first class shall not be paid until
the five millions in the United States Treasury
shall be released.
It is not just, sir, that those citizens of Tex-
as whose blood and toil-worn exertions have
made us what we are, and secured ns the
blessings of liberty and free institutions,
should be placed upon an equality with the
Shylocks who speculated upon the liabilities
and misfortunes of Texas, in her honrs of
need, and who never contributed one moment
of personal exertion or exposure in defence
of her rights. I hope the House will not
adopt a subject which has for its object the
strangling of the resolution that I offered.
Mr. STAPP: It occurs to my mind, Sir,
that it is the proper policy of the Legislature,
and the present session too, to provide for pay-
ing the debt of the late Republic of Texas—
the whole of it, sir. I cannot see. why we
should make a distinction. If thé claim of
a creditor be just, I care not where that cred-
itor may reside, his claim should command
our attention ; and if it has been submitted,
and ascertained under the provisions of the
laws of the State, and the holders indicate a
willingness to receive their pay and
file releases, and we have the money
in the Treasury over which we have
the control; I hold it to be our sacred
duty to provide for its payment.
It is urged that the creditors resi-
ding without the limits of the State,
are those who are embarrassing our fi-
nancial affairs, by using their influence
infretaining the reserved five millions.
Sir, those who are willing to receive
their pay and file releases under our
adjustment cannot be consistantly
placed in the same category. There
are many citteens of other states who
acted in our cause from patriot-
ic motives, and contributed to our aid.
They claim only the amount the Stato
is willing to pay, we have means un
der our contjrol. and should provide for
the payments of such debts.
The object of the substitute is not
only to cover all classes of our debts
th it is just, but to cover all debts,
whether the claimants reside within or
without the limits of the State, and I
do hope that this Legislature will con-
sider this matter well, ere our Treas-
ury is drained for the purpose of pro-
moting the interest of private corpora-
tions under the name of Rail Koad
companies.
The substitute was lost.
On a motion to lay the resolution on
the table.
MR. FRANKLIN said-As an act
of justice 1 can see no difference my-
self in point of principle between pay-
ing men who live in Texas, even
though they may have served the coun-
try in ber revolutionary struggle, and
paying those who live elsewhere. All
these claims rest on the sound footing,
so far as concerns the position of Tex-
as and the admission of our Govern-
ment. And it seems to me that we
might acquire an unenviable reputa-
tion abroad by making these invidious
distiuctions in paying our debts. It
would look too much like practising
upon the maxim, •'honor among
theives" to pay ourselves and allow no
one else to coine into the division.'1
in paying our debts, we should pay it
upon principle, and if we have not
enough to pay all, let us not divide the
principle, but divide the money.
MR. TROCKMORTON—It affords
me at all times a great deal of pleasure
to listen to the suggestion of gentlemen
of the standing and experience of those
from Galveston and Victoria. (Messrs.
Franklin and Stapp.) because I am
aware that they understand the sub-
ject of our public debt much better
than 1 do. But it seems to me that
they have both forgotten the vast dis-
tinction which exists amongst the hol-
ders of claims of the first class, be-
tween those who live in Texas and
those who do not They appear to
forget that it was through the efforts
of this class of claimants living abroad
that a whig administration was induc-
ed to hold up the reserved five mil-
lions. The people of Texas who hold
these claims are willing to come in
and receive payment at the scaled val-
ue, against those living outside of the
of the State protestt solemnly. And the
former had no hand*in procuring the
reservation of that money. I say then,
in God's name, when they had no
hand in hanging it up, that they should
have the right to come in and receive
the poor, insignificant pittance allowed
them.
The gentleman from Victoria will
bear me witness that I have been al-
ways found among the most liberal
upon this subject—¡ hat I have voted
on all occasions to pay the whole debt,
so far as we could. But as that is
not possible at this time, I say that the
people of Texas, who wish to receive
the amount due them at the scaled
rate, should be paid; and there is no
just reason why those persons citizens
of Texas, who hold first class debts,
should not be placed upon an equal
footing with their more fortunate, but
not more meritorious neighbors, whu
bold second andj third class claims. 1
trust the House will adopt the resolu-
tion.
The resolution was adopted.
The bill for the relief of the heirs
of J. O. Logan being b« fore the House¡
after various motions bad been made,
MR. TURNER of Ruik, offereti
the following amendment;
Provided that the fee in the certifi
cate herein before granted, and the
land on which it shall be located, shall
vest in the donee or heirs, and shall not
be disposed of until he, she or they res-
pectively become of age.
Some inquiries being made}
MR. TURNER said—1 do not up-
on this occasion profess to look through
any peculiar optics, nor to see tilings
which are invisible to others. But as
the gentlemen have called upon me
to explain the object ot the amend-
ment, I will try to do so in few words.
It is admitted that the relief sought
and granted is in the nature of a dona-
tion upon the part of the State, the le-
gal rights having been loat by the
laches of the parties, they claim now
apon their equity. The object of the
proposed amendment, is to secure to
the heirs of the unfortunate dead, the
benefit of the donation until they ar-
rive at full age; in this 1 can see noth-
ing wrong. It will also protect the
donees against any advantage that
may have heretofore been sought of
them or their executors. Now it is
not unfrequently the case that there is
behind those applications for rel.ef a
regular chain of conveyances, none of
which come to the view of this House,
They are kept behind—for there is
such a thing in political moves as a
power behind the throne, greater than
the throne itself. Those transfers dare
not show their grim and murkisb faces
here; but will when the relief is com-
plete consume the last morsel' of the
widow's and orphan's mite.
I can see no valid objection to the
amendment, and I hope it will be adopt-
ed, as it wdl protect thé beneficiary
against the machinations ami wild
schemes, and plan of thft heartless
sp culators.
MR. DOOLEY: Mr. Speaker—The
gemleman from Rusk (Mr. Turner) has
by no means convinced me of the pro
priety of adopting an amendment so al-
together unusual as the one he has pro-
posed. If we are to confer a benefit on
the heirs of one who fell so gallantly,
let us do it not by halves,—let them
realize the full benefit of our bounty.—
If the heirs be minors, as the amend-
ment of the gentleman seems to con-
template, let us not tantalize ffaem with
a benefit "in futuro,*' but let us give
them that which would be the rightful
claim of their ancestor had he survived,
and which to them can be a presentand
effective benefit. The gentleman pro-
poses to lock this land up, until these
heirs have arrived at a majority.if ihev
be minors as seems to be contemplated.
Has be considered, and does he know,
how they are to survive till that period?
How are they to be eeucated, clothed,
and fed? It would be a tantalizalion
to tell dependent children, "survive till
you are 21 years old, and you will then
have an estate in land." It is very much
like telling hungry children that you
will give them bread, and then locking
it up beyond their reach, and attempt-
ing to console them by the assurance
that if they can only manage to live till
they arrive to be 21 years old, they shall
ktVA fthun¿iniyL ]q fcctf it ia Knt
(k* rdA
and giving them
t of explanation
annthsr vminn
sir, —
aphorism—
"live horse and you'll get grass."
Everv bodv knows that an estate nn
trammeled and* unencumbered is worth
more than one clogged wi& limitations
and conditions. It is wept known to
most of the memb^s of thü House, that
the bounty elands granted fothe braves
who fought at San Jacinto, were cou-
pled with the conditions tbat they could
not be alienated. The intention of the
Legislature was good and generous;
they considered that these lands should
forever remain as a monument of the
valor and patriotism of tbfe grantees —
But how did these meritorous grantees
and their heirs regard itf1 Tbey con-
sidered that the.prohibition of aliena-
tion of these lands was onerous and op-
pressive on them, and that they were
precluded from benefitting by the boun-
ty of the Legislature; consequently they
sent up to t^ese hails their voices and
supplications that the prohibition of
alienage should be removed,—tbat
those grantees who survived might be *
benefitted in their life time and while
they were in necessity,-^and the heirs
of such grantees might realize an ex-
isting and substantial benefit. The
Legislature listened to their supplica-
tions and removed the prohibition of
alienage.
Sir, the guards which,tbe law throws
around minors are paternal and circum-
spedi; the minor himselfcannot dispose
ot his estate so as to bind him, unless
for the necessaries of life.. Nor is there
any possible valid modé of disposing of
such estate, unless for the support, edu-
cation and maintenance of the minor,
in the manner and irrfeonformity with
the routine and formulas of law. For
myself, I am in favof of extending to
these heirs the mil beSefit of the boun-
ty of the Governmc.
the land untraramek.
After some few wo:
from MR STAPP. .
MR. EDWARD? said: I am op-
posed in all cases to taking business
frotn its regular onler, except where
there is some great good to be gained
by doing so. The House has refused
on this occasion to adopt an amend-
ment, and the geatleman from Rusk
(Mr. Turner) is endeavoring to attain
his end by other means. His remarks,
and the fears he expressed, would lead
one to imagine that he had been snake
bitten at some period of bis life. Now
it is evident from bis own statements
tbat no injury could arise to the heirs
in this case; tor no transfer could be of
any validity unless the heirs were alrea-
dy of age. Hence the arguments be
advances on tbis&ead. it appears tome,
have no force at all. This is not a hill
for the relief of dlinor heirs, but a dona-
tion given as a testimony of the light in
which the services rendered by the de-
ceased are regarded by the Leeislature.
I think with the gentleman from Co-
mal, (Mr. Dooley,) that locking cp this
land in the maguer proposed, would be
a good deal likr* locking up bread in,a
closet, and telling your children'to get
it. It is a boun'y which could be made
of no use to them. Í cannot conceive
how it is possible in any view of the
case that tbosqUheirs could be injured
by letting them have full, absolute and
unlimited control over this property.
MR. BURNEY remarked that the
gentleman seemed to fear that the heirs
of J. C. Logan are minors, and that tbey
may have transferred their claims. I
am satisfied, Sir, that the^only heirs of
J. C. Logan ere of proper age, and have
been for some year*. One of the peti-
tioners represents that she is the wife
of some one; the other is the brother of
J. C. Logan. If they should happen to
be minors, ihe bill only proposes to
grant to the jieirs of Logan, and not to
their ass:gns. Ido not see, sir. it they
were minors, that it does or should ar-
gue at all sgainst the merits of the
claim. It appeared in proof before the
committee, tbat J. C. Logan was a sin-
gle man, and was one of those unfortu-
nate ones who feH with Fannin; at
least the la« account his friends bad of
him was thjit a day or so before Fan-
nin's defeat/he was cutting up~bis tent
and makiife him pantaloons. Gentle-
men are phased to call this a donation.
He, sir, came to the country in time
under the law to emite him at least to
the amount of land his heirs ask for in
this bill, i And was he not entitled to
land by viftue of his services in the arJ
my? Unfortunately he fell, but at hie
post and i* hi* country's cause. I look
upon this «ir, as only asking at the
hands oí i*b«s Legislature that which
they are ;ustly entitled to receive m± anr
hands, if claims of this c
having b en deliberated
ported to the House, have __
to the Camrnittee en the Judiciary, I
shall moit assuredly move to reisr all
the business now bafot the Committee
on Private Land Claims to the Judicia-
ry Cottibittee. This reference I tool!
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 9, Ed. 1 Saturday, December 3, 1853, newspaper, December 3, 1853; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181714/m1/2/?q=+date%3A1845-1860: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.