Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 18, Ed. 1 Saturday, December 24, 1853 Page: 2 of 4
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JH
mert Jacreasing the quanti „
"be #at aside, but the bill, if so amended,
" be free from the objections
st upon my mind. I would
[r. Speaker, set aside
States not only twelve
# but I had almost said—twelve
twelve, if I could be induced to be-
lieve we could thereby rid ourselves of
Indian difficulties and depredations. No
one, sht, deplores more than I do the suf-
ferings and dangers to which our frontier
people have been constantly exposed, by
the neglect of the United States Govern-
ment to afford that protection to which
we were entitled at her hands. And no
-one is willing to go farther than myself,
for their rélief and protection.
But heíé, Mr. Speaker, the question ar-
ises—Does the bill in its present shape
in the least degree ensure that protection
and security which our frontier citizens
hapjso long and so earnestly desired ?—
I « forced to the conclusion, sir, that it
The bill proposes to set aside
public domain of the State,
í leagues of land to be selected and
divided into three separate districts, which
is to be ceded to the United States, for
the purpose of settling such Indian tribes
*6 belong within the limits of Texas.
And out of what part of the public
l is this land to be taken ? On
* part are these Indians to be settled ?
_iie bill provides that they shall not be
Situated more than twenty miles south or
edby
Government of rthe United
j from the Red River
The presumption is,
General Government un-
, them under the provis-
they will be settled as
r posts as practicable,
e them immediately
. .x^tier, and very little
„ of .our present settle-
ments, and in a very few years our set-
tlements would not only spring up close
around them, but advance far beyond.
And what, Mr. Speaker, would be the
result ?—Strife and conflict, without end.
Nothing less than a Chinese wall could
keep the Indians, whose nasure it has ev-
er been to roam at pleasure, within their
proper limits. What! Mr. Speaker, con-
grua thirty five thousand Indians, con-
sisting Of at least thirty-five different
■tribes, upon twelve leagues of land, with-
ifi the very heart of the country ! We
might with as much reason, think of con-
flfvwmg the broad Ocean within the same
narrow limits.
And are we to bring down in our very
midst, these numerous war-like tribes
which are now roaming upon our extreme
northern frontier ?
The United States Government can
n«ver induce them to come within
«ponour
north
►n walls without providing them with
and fire arms,
farming utensils and fire arms, whereby
they would be better prepared to come
forth upon our frontier with their instru-
ments of déath, placed in their hands by
our own folly.
The removal and colonization of the
Indiana of Texas, is no small undertak-
ing, Mr. Speaker; and when they are
raovad, I want them taken out of the
heart of our country, and I want them
plAoed - where there can be no possible
conflict between the State and General
Government with regard to them. The
history of the perplexing difficulties be-
nf M and the Gen-
—p—^ J to thé Che-
rokee Indians and the lands occupied by
them and claimed by the State, is fami-
liar, I presume, to every member of this
body. For more than thirty years, that
State was constantly h arrasa 3d with the
eon%£ of jurisdiction between her and
the General Government, and often
threatene4 -with not only Indian wars,'
but civil strife. This, too, occurred, not-
withstanding the United States Govern-
ment acknowledged the pre-emption right
of Georgia to the soil. I, for one, Mr.
Speaker, do not wish to see my adopted
State drawn into any such perplexing re-
lations with the Genial Government, as
tkm bill appears to me to be well calculat-
ed to do. It proposes to give to the Go-
vernment of the United Suites jurisdic-
tion ewer twelve leagues of land in our
, for Indian purposes, and with
regulating trade and inter-
ese witn the Indian tribes, and at the
«A tne to reserve the jurisdiction of
er all other persons commit-
ting offences against the person or pro-
of an v one within the State, etc.
rtkotúneof the House
nut the nu-
s likely to
nation to foresee them, in a hundred dif-
ferent forms. f
The substitute offered by me is intend-
ed to avoid these difficulties. I believe
it is the imperative duty of the United
States to remove these Indians without
the limits of Texas. That Government
has an immense vacant domain, large
portions'of which are well adapted for the
settlement of her Indians. We are un-
der no obligations whatever to furnish
land for the settlement of the Indians
within our bwn limits. If she wants any
of our territory for this purpose, let her
pay us for it, and let her pay us well.—
The territory mentioned in the substitute
is well adapted for the purpose, and c
be set apart without interfering eit1
with the citizens of the State or her c
venient geographical boundaries. Th
Indian tribes must necessarily at some
future day be removed |fom our midst,
and when an attempt is m
their present location, it is the policy
both of the State and of the General
Government, to remove them permanent-
ly. I am well aware, sir, that the sub-
stitute itself is very defective, in its pre-
sent form. But it was not my intention
in offering . it, to press it before the
House at present:—I desire to see the
whole matter referred to a committee.
The bill, in its present shape, does not
seem to suit any one—not even the gen-
tleman introducing it. I therefore hope,
Mr. Speaker, that the bill, with the a-
mendment and substitute, will be referred
to a special committee, with instructions
to report at as early a day as possible.
MR. CROSBY: I had hoped that this
bill would pass this House without elicit-
ing the great degree of discussion which
it has given rise to. So far as I am my-
self concerned, I have experienced no dis-
position either to originate or participate
in any discussion upon this subject; but,
sir, I now feel that if I were to remain
with closed lips, I would prove recreant
and unworthy of the trust which my im-
mediate constituents have reposed in me.
I must confess that I am not a little as-
tonished to observe the various and mani-
fest efforts which have been made by Hon.
gentlemen to so trammel this measure as
to render it wholly inoperative for the
purposes for which it is designed, or to ul-
timately defeat the bill.
I am glad to see that my Honorable
friend from Walker is so tenacious with
regard to the grant of jurisdiction to the
United States, within the limits of any
one of the States composing this confe-
deracy ; yet, sir, I am seriously inclined
to the belief that this ebullition of States'
rights spirit, and the announcement of
States' rights doctrine, on the part of my
honorable friend, is totally misplaced, un-
called for, and inappropriate, under pre-
sent circumstances. I hold to be as good
a States rights man, as any other gentle-
man occupying a seat upon this floor; but
I am free to confess that I can perceive
nothing contained in this bill, at all cal-
culated to conflict with my general views
in this respect. Gentlemen seriously as-
sert that the passage of this bill would be
the establishment of a dangerous prece-
dent; to this conclusion I most respectful-
ly dissent. Although I cfaim to be the
originator of this measure in the House,
yet, sir, I feel it due to myself to remark,
that this bill was not introduced without
much previous consultation with those
who are older and far more experienced
than myself. Among others, I took oc-
casion to confer with, and present the bill
to the consideration of our distinguished
Senator, the Hon. Thos. J. Rusk:
tion that it was at the time that this grant
was first solicited on the part of the Gen-
eral Government,—yes, sir, even inastiU
more embarrassed and deplorable condi-
tion. I here state it as an indisputable
fact, that there were sixteen horses taken
by the Indians, in the county of El Paso,
in the month of May last, and a vast
amount of other depredations committed;
and further, I state it as a conclusive fact,
showing the inadequate protection afford-
ed to the north-western frontier, that the
bones of eleven of our citizens, massacred
by the Indians, are now bleaching upon
the mountain sides in the vicinity of El
Paso! There could not be a force suffi-
cient raised to give their remains a decent
ristian interment.
iow, sir, we have the assurances of
te General Government, and of the In-
dian Superintendent, Major Neighbors,
(in whom I have great confidence in all
bifching Indian affairs,) that if
STcession of jurisdiction is made, there
will be an appropriation made, sufficient
to settle, clothe and feed the roving bands
of Indians that now harrass and render
desolate our ill-fated frontier; and in God's
name, if we can remove the existing diffi-
culties by so small a sacrifice on our part,
let us do it.
This bill proposes to settle the Indians
in three separate districts of four leagues
each. In each one of these districts there
is to be established a military post and an
Indian agency, so that the Indians would
remain under the continual supervision
and surveillance of the Government au-
thorities. The bill also guaranties the
reversion of the land over which the pro-
posed jurisdiction is to be exercised, to-
gether with all and singular the improve-
ments made thereon, to the State. We
can lose nothing by this grant; the land
reverts to the State, when it ceases to be
used for Indian purposes; and certainly
it will be much improved in value when
it is again turned over to the State.
There is one fact which will not admit
of dispute. The Indians of Texas must
be fed and clothed, or they must be ex-
'terminated. The first suggestion occurs
to me to be much more in consonance
with the humanity of the age. If they
are left in their present starved and naked
condition, they have no other alternative
but to rob and murder. This they now
almost daily do, and this they will Con-
tinue to do, until some system for their
amelioration is put in operation.
Mr. FRANKLIN—I trust the motion
of the gentleman from Harris [Mr. Pal-
mer,] will prevail. It has been remark-
ed here that every gentleman has had this
bill before him, had ample time to exam-
ine it, and is as well prepared to vote
upon it now as he would be at any future
time. Now, sir, by some accident or the
anxiety of some gentleman to examine
the bill, it was not left upon my table,
and it was only this morning that I had
a copy handed me.
[After referring to a discussion of the
same subject, in the legislature of 1850,
he proceeded:]
I will simply ask the question—can
the legislature of Texas confer an addi-
tional power upon the Congress of the
United States—one which is not confer-
red by the Constitution of the United
States ? Can we authorize the United
States to exercise a power not granted in
that instrument, when all other powers
are reserved to the States and the peo-
ple ? I think the answer must be no-
it is not for us to confer such a power.
Do the powers conferred upon the Federal
(rovfirnmont «.nthrtriz# t.Vmt. government
— 7 — y XX w VA J«wvuu UIUIIUVIIOV
the same having met with his entire ap- to come within the limits of a State,
probation, I thereby felt an additional in-
centive for offering the bill in its present
shape. The great and moving objection
which gentlemen entertain with regard to
this measure, is the fact, that we are at-
_—w — — __7
even if the State consent, to exercise ju-
risdiction over a country settled by In-
dians? It docs seem to me that such a
power cannot be found in the Constitu-
tion. Thf> HAPiiinn nf t.liA C!nnstit,iition
a rerv
- 7 — "VWl-VM Vf* V14V
tempting to confer jurisdiction upon the j referring to this ' subject, is the 18th of
United States, to be exercised within the j the 1st article. [Here Mr. Franklin read
limits of our own State, and that we not j the section in full.] I hope, sir, it will
only thereby establish a dangerous prece- j be long before our legislature will con-
dent, but that wo create the probability j sent to take the initiative step in extend-
of future difficulties and embarrassments 1 ing the power of the United States Go-
with the General Government. j vernment. Our legislature has gone as
Now, Mr. Speaker, it is gratifying to ! far as it can or ought to go. The act of
me to know that I have more respect for j Dec. 19,' 1849, reads is follows :
the integrity, and greater confidence in i "Be it enacted by the legislature of
the good faith of the General Govern- i the State of Texas, That the United
ment, than for a moment to indulge in"! States be, and they are hereby authoriz-
the belief that we are incurring so many ¡ ed and empowered to purchase, acquire,
imminent risks by the cession of the pro-! hold, own, occupy and possess such land
posed jurisdiction to the Government of; or lands, within the limits of this State,
the United States. I know, sir, that a! as they shall judge it expedient, and shall
measure, setting apart a portion of our j seek to occupy and hold, as sites on which
unappropriated public domain, has been j to erect and maintain light-houses, forts,
asked for again and again, by the General' garrisons, military stations, magazines, ar-
Govcrnment. I know that this proposi- senals, dockyards, and other needful build-
tion has, from time to time, been insisted ings, or any of them, as contemplated and
upon by our own Executive; andyetnoth-! provided in the Constitution of the Uni-
purpos-
Wu it
in contemplation at that time that you
should set apart a portion of your State,
be it one league or twelve leagues, for
such a purpose as this, for the United
States to hold in perpetuity—for she is
to hold it, she is not compelled to sell ?
Have gentlemen examined this law re-
lative to the Indians of Texas, in its force
and effect ? Have they noticed how far
it becomes binding upon the citizen, so
that he could not cross a line within the
limits of his own county, without a per-
mit ? I, for one, cannot consent to ex-
tend the jurisdiction of the United States
over any portion of our territory, unless
for purposes that come within the provis-
ions of the Constitution.
It is true the policy of our State has
been to set apart for some of the smaller
tribes, lands which they should occupy.—
If the bill takes that shape, so let it be.
Thinking thus, in relation to this mat-
ter, and believing that the House has not
investigated the question thoroughly, nor
sufficiently examined the laws relative to
intercourse with the Indians, and think-
ing Ave had better see the effect of the
grant before we make it, I desire to see
the bill postponed for a few days.
€k feas Itate
JO. WALKER, PROPRIETOR & PUBLISHER
JOHN 8. FORI). EDITOR.
AUSTIN, SATURDAY, DEC. 24, 1853
Gov. Pease has appointed Mr,
Samuel Harris, of Brazoria city, his Pri-
vate Secretary.
U^^The officers elect of Austin Lodge,
No. 12, will be installed at the Old Capi-
tol, on Tuesday the 27th instant, at 11
o'clock A. M., at which time there will
be a public procession and address. All
brethren of good standing, and the com-
munity generally are invited to attend.
Brethren of the fraternity are requested
to meet at the Lodge room at 9| o'clock.
Inauguration Ball.
On Wednesday evening, the inaugural
ball came off at the Old Capitol. There
has never been a collection in this place
including a greater number of good look-
ing ladies. It really did one's heart
good to look at them. So much beauty
—so much symmetry of form—graceful-
ness of motion—spirit and brilliancy in
conversation, were enough to make any
man forswear celibacy; and we are keen
to take that awful abjuration, provided
any one of the lovely creatures will only
taste it with us. We are not particular
which one; a man could hardly make a
bad pick out of so good a lot.
Gen. Rusk, ex-President Jones, Mr.
King, Gen. T. J. Green, and a number
of other gedtlemen of high distinction
were in attendance.
The music was good—the supper fine,
and the enjoyment undisturbed by a sin-
gle unpleasant occurrence. The compa-
ny separated about 2 o'clock, A. M.
Justin, Dec. 21, 1853.
Hon. T. Butler King—Sir: The cit-
izens of Texas, knowing the intimate con-
nection you have long had with interna]
improvements, and fully appreciating
your distinguished public services, would
respectfully solicit your views on the sub-
ject of internal improvements, in a public
address, at such time as will suit your con-
venience.
Lipscomb Nor veil, Thos. H. Duval,
James B. Shaw, Geo. W. Paschal, John
M. Swisher, W. R. D. Ward, J. M. Goffe,
L. E. Griffith, W. S. V. Landrum, Jean
G. Arnold, James H. Raymond, G. E.
Robinson, J. S. Holman, W. P. Smith,
Thos. J. Green, George J. Durham, Sa-
muel -C. Taylor, Geo. Hancock, A. W.
Cearnal, F. W. Chandler, Silman Wea-
ver, Anson Jones, E. M. Pease, J. H.
Robinson, W. R. Scurry, J. G. S. Mc-
Gehee, P. De Cordova, E. F. Calhoun,
Richard M. Shinn, Sam. H. Renick, J.
Hall, S. G. Norvejl, James G. Swisher,
Geo. S. Hughes, A. Eancs, S. G. Haynie,
L. Moke.
Austin, Dep. 22, 1853.
Gentlemen: I have had the honor to
receivc your flattering invitation, and in
reply beg to say it will afford me pleas-
ure to comply with your request, at such
time and place as you may designate.
I am, with great respeot, your most
obt. serv't, T. BUTLER KING.
To Thos. H. Duval, Esq., Secretary
of State, James B. Shaw, Esq., Comp-
troller. and othors
Governor's Message
Gentlemen of the Senate,
and of the House of Represen tativer
The constitution makes it the duty of
the Governor to give you information, in
writing, of the state of the government,
and recommend to your consideration
such measures as he may deem expedi-
ent. It cannot, however, be expected
that I shall be able so soon after my in-
stallation, to give you much information
upon these subjects; I shall, therefore,
for the present content myself with a
reference to the very full and satisfacto-
ry communication of my predecessor,
delivered to you at the commencement
of your session, with the assurance that
I shall hereafter communicate whatever
information I may obtain in relation to
the condition and operation of the gov-
ernment, that will be interesting to you,
or useful in the prosecution of your la-
bors.
In recommending measures for your
consideration, I shall mainly confine my-
self to a few of those important and lead-
ing ones that seem to have been designa-
nated by public opinion for the action of
the present Legislature, the early adop-
tion of which will tend rapidly to devel-
ope the resources of the State, and to
promote the happiness and prosperity of
its citizens.
Of these measures, one of the most
important is, to make a suitable and per-
manent provision for the support of pub-
lic schools. The highest and most sa-
cred duty of a free government is, to
provide the means for educating its citi-
zens in a manner that will enable them
to understand their duties and their ob-
ligations ; this, too, is a measure that is
enjoined upon the Legislature by the
constitution.
The want of available means has here-
tofore furnished a ready excuse for the
neglect of this duty. But this no ' lon-
ger exists. The State now has ample
means at her command, and. an opportu-
nity is offered to establish a system of
public schools that will extend its bene-
fits to every child within its limits; if we
fail to embrace it, we shall: be faithless to
our duties and the trust that has been
reposed m us by our fellow-citizens.
It is respectfully recommended, that
two millions of dollars of the United
States five per cent, bonds, now in the
treasury, shall be appropriated and set
apart as a permanent fund for the sup-
port of public schools. That the in-
come of this fund shall be annually ap-
portioned to the several counties of the
State, according to the number of free
children in each between the ages of five
and sixteen years, to be ascertained in
such manner as may be considered most
convenient; and that the amount due
to each county shall be paid over to the
county treasurer semi-annually to be dis-
bursed under the orders of the county •'
courts, to such teachers as the parents or
guardians of the children may choose to
employ for their education.
I do not pretend to recommend this as
a perfect system; but its operation wiH be
simple and cheap; it may be commenced
without delay, and it seems to be better
adapted to our situation than any other
system that has come under my notice.
A plan very similar to this has succeed-
ed well in some of the neighboring States,
where the population is sparse, like our
own. Time and experience will point
out the defects of the system proposed,
and enable us by future legislation to per-
fect and adapt it to the situation and
wants of our population.
I would also recommend that the amount'
which has already accumulated by the
appropriation of the one-tenth of the *
annual revenue of the State derivable
from taxation, be added to the principal
of this fund, and that for the future, this
tenth be apportioned in the same manner
as the income of the fund.
Under the present provisions of the
constitution, the lands that have been do-
nated to the several counties for public
schools cannot be alienated in fee, nor
disposed of otherwise than by lease, for
a term not exceeding twenty years. In
a State where land is so cheap as it is
here, and where so largo a quantity is in
market, it cannot be expected that un-
der these provisions any benefit will be
derived from these school lands during the
present generation. Much of it is located
in large bodies, in sections of the State
where it would be improved if subject to
sale. The policy of reserving from sale,
and consequently from cultivation, such
large bodies of land, may well be ques-
tioned, and I recommend to your consid-
eration the propriety of an amendment to
the constitution, by which these lands
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 18, Ed. 1 Saturday, December 24, 1853, newspaper, December 24, 1853; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181721/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.