Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 32, Ed. 1 Thursday, January 26, 1854 Page: 3 of 4
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rules «í construction, by which we must
be governed, in arriving at the intention
of its framers.
Now, the first question which «-rises in
my mind, is, What is the intention of the
substitute or bill now before the House ?
Is it to make a fund for the support of
free common schools, or for the benefit of
public schools ? There are two independ-
! ent sections in our constitution, providing
ritorious measure, by arguments (if argu-
ments they may be called) having refer-
ence entirely to his prognostications of
what was to come hereafter.
The position of gentlemen who argue
thus, reminds me very much of the fourth
of July orator who, in the warmth of his
eloquence, in describing our revolutionary
struggle, asked—What is Great Britain ?
She is the mistress of the ocean! [He
continued.] But suppose you dam up the for the separate systems entirely, as I
Mississippi and turn it into the Mammoth conceive it. I will read the two: " Art.
Cave, where then would be the Great At-! 10, Sec. 2. A general diffusion of know-
lantic ? Where then is Great Britain ?— | ledge being essential to the preservation
Where then is your mistress of the seas ? I of the rights and liberties of the people,
Where then are her ships and fleets ? it shall be the duty of the legislature of.
Echo answers, no where.. That, sir, was j this State, to make suitable provision for
just as legitimate a supposition as that of the support and maintenance of public
those gentlemen. The argument of the! schools." This, I understand to be a
fourth of July orator, was a little on the class of schools of a different character
lofty order, but it was just as good logic j from free common schools, and of a high-
as that of the gentlemen opposing this j er order, as academies, colleges and uni-
bill. The conjecture, even were it really ; versitics. They are designated as 'public'
to be anticipated, that the Legislature ! schools. The second section provides for
would hereafter invest these funds in some1 a different class: "Sec. 2. The Legisla-
mode, b; wHch they may be made more ture shall, as early as practicable, estab-
lucrative than at present, is not an ob- lish free schools throughout the State, and
jection to the measure under discussion, shall furnish means for their support by
Are we to keep our money lying in the taxation on property; and it shall be the
treasury, idle and useless ? Are we to duty of the Legislature, to set apart not
gloat over it like the timorous miser, to less than one-tenth of the annual reve-
count and recount it; to let it sweat in nues of the State, derivable from taxation,
the treasury, when you might legitimately; as a perpetual fund, which fund shall be
invest it in*some mode for the benefit of appropriated to the support of free pub-
the State, in such a mode that the school ¡ lictschools; and no law shall ever be
interest may be provided for by it; and made, diverting said fund to any other
all, both children and adults, of the pre- use: and until such time as the legisla-
sent gereration, may derive the most im- ture shall provide for the establishment
portant advantages from its investment ? ¡ of such schools, in the several districts of
Could such a policy be deemed wise ?— the State, the fund thus created shall re-
Could it be deemed prudent? No, sir, it main as a charge against the State, pass-
would be a sordid, a timorous, a foolish; ed to the credit of the free common school
policy. If that fund can be properlyj fund.'
and securely invested, so as to promote If I comprehend the object and design
the interests of education and the gene- of the bill and substitute, it is intended to
ral interests of the community likewise, provide for the schools embraced in the
will gentlemen say that they will rather second section—free common schools.—
lock it up in their vaults, and there leave Because, until the establishment of the
it, like the winds imprisoned in the cave system, the fund is to remain as a charge
of iEolus ? Like them, money struggles against the State. The first section which
for expansion and dissemination. Money I read, contemplates that the Legislature
was intended to promote the convenience shall make suitable provision for the sup-
and welfare of mankind; but if horded up, port and maintenance of public schools:
it might as well not exist. I ask gentle- that it shall first establish a system of
men upon this floor, supposing we had public schools, or shall make suitable pro-
two millions of dollars in the treasury, j vision for the support and maintenance
accruing from taxes, from the sale of ¡ such as have been established. The
public domain, or derived from any otherj second section provides the mode by
source; would it be policy—would it be! which the means shall be raised for the
in consonance with common sense, for us, j support of free schools, namely, by taxa-
here acting as legislators, as persons ha- tion on property: and it also provides for
ving the interest and welfare of the com- j the [setting apart of a perpetual fund of
munity at heart, to take that money and! n°t less than one-tenth of the annual re-
lend it to the United States at five per ¡venue derivable from taxation; and di-
cent. ? Where is the gentleman who will i recta that it shall be appropriated for the
vote for such a policy ? Who will do it ? ¡ support of free schools, and no law shall
Let him rise in his seat, and say that it is j be made, diverting it to any other use;
the part of wisdom. Sir, it would be a; an(l until the Legislature shall provide
sordid, a narrow-minded, an absurd poli-! f°r the establishment of such schools,
cy. No individual, in his own private af-j said fund shall remain as a charge against
fairs, would pursue that course, when the! ^ie State, and passed to the credit of the
Legislative.
Saturday, Jan. 21, 1854.
Senate.—A number of reports made
by Standing Committees and a great ma-
ny bills referred. Since the engrossment
of the Loan Bill, Senators have gone to
work with alacrity. The Joint Select
Committee, appointed to examine the new
Treasury building, made their report,
sanctioning a departure from the original
plan and commending the Commissioners
Messrs. Shaw and Raymond and the con-
tractor Mr. DeChaunies. They reported
and recommended a bill for a further ap-
propriation.
A veto message was received from the
Governor on an act relinquishing to the
thorize the Atlantic and Pacific railroad
company to construct a railroad in Tex-
as-, under certain circumstances. The
object of the bill is to enable said compa-
ny, in the event they should desire so to
do, to organize under, and receive the
benefits of the act which provides for the
construction of the Mississippi and Pa-
cific railroad, passed at the present ses-
sion, in their corporate name.
A bill supplementary to an act con-
cerning crimes and punishments—passed.
A bill to incorporate the Columbia.
Wharton and Austin railroad company :
passed.
The House adopted the resolution to
adjourn sine die on the 6th of February:
counties the State Tax for the years 1854 j and also to hold hight sessions until the
and 1855. His objections are based up- business is disposed of.
on the fact that under our assessment laws
The pre-emption bill passed its third
each individual has the privilege, and gen- and final reading, with the amendment
erally exercises it, of assessing all hi3
I property in the State, in the county in
| which he resides. The object of the re-
! linquishment is to enable counties to pay
"that all emigrants who may hereafter
come to Texas shall be entitled to one
hundred and sixty acres of land, provi-
ded he will live on and cultivate a portion
their debts, build Courthouses, Jails, and ; of the same for three years. This amend-
make such other improvements as public I inent was considered a few days ago in
j utility and convenience may require.— | the Senate and rejected, and will proba-
While this object is approved, it is thought i bly be rejected by them again, which will
by his Excellency that the operation of! leave the provisions of the bill extending
the Act will be unjust, inasmuch as the ! only to actual settlers.
tax upon property in some counties may ¡ Bill granting to actual settlers on va-
be applied to the interest and advance- j cant public domain 160 acres of land, ta-
| ment of other counties. Under existing j ken up; rule suspended and bill passed
| laws this would doubtless be the result,; by vote of 59 to 11.
i and the newly organized counties which ; Senate's bill to amend an act, incorpo-
! need the relinquishment most, would re- j rating the Buffalo Bayou, Brazos and
i ceive the least benefits. Colorado railroad company taken up:
The following bills passed : | read 2nd time; rule suspended and pass-
A bill makiner an appropriation of ed by vote of 68 to 2.
$5000 for the indemnification of the own-
7 O'clock Session.—Bill incorporating
ers of slaves executed since the 24th of Memphis, El Paso and Pacific railroad
Jauuary, 1852. j company, engrossed; rule suspended and
Houses' bill to amend an act to fix the j finally passed by vote of 67 to 1.
pay and mileage of the members of the j Act to incorporate the Tyler and Dai-
Legislature, approved April 13th, 1846, las railroad company taken up; read 2nd
by a vote of 16 to 15. j time and passed to 3rd reading; rulesus-
A bill to prescribe the time within' pended, and bill passed by vote of 63
which railroad companies shall construct
their roads in order to entitle them to do-
nations of land from the State.
to 5.
Bill granting to J. J. Grumbles the
privilege of making grist, flour, saw and
A bill to incorporate the Ursuline Con- : plaining mill, on Colorado river taken
vent and Female Academy of San An- j up; read 2nd time and engrossed; rnk
j tonio de Bexar. < suspended—read 3rd time and passed by
I A bill supplementary to and amending j vote of 59 to 3.
i an act to incorporate the Henderson and j
S Burkeville railroad company, approved Tuesday, Jan. 24.
free common school fund.
There is another provision in our con-
stitution, which I will read. The 33rd
field is open and inviting to safe and vast-
ly more lucrative investments, unless you
suppose him a miser, gorged and gloating.
over his money. And what State do you section of the General Provisions reads
find, sir, which has money to invest, lend- i thus: " aggregate amount of debts
ing it to the United States at five per cent? hereafter contracted by the Legislature,
Those which have it to invest, invest it -ball never exceed the sum of one hun-
for the benefit of their own citizens, and dl'ed thousand dollars, except in case of
to develop the resources of their own war, to repel invasions, or suppress insur-
country. And no State in this Union; rections. And in no case shall any
stands so much in need, and would be so ^0 cvntinued in next issue..
much benefitted by such prudent and wise
policy, as this, our own young and «rreat
State.
I hope, sir, the bill will pass upon its __ _ . .
own intrinsic merits; and when other; ,j0.WALKER,PROPRIETOR k PUBLISHER
questions arise, we can discuss them upon¡ jo„v s ford, editor.
their merits. Let us not prejudice or j
trammel a question of this kind, in anti- AUSTIN, THURSDAY, JAN'Y 20, 1851.
«ipation or by conjecture. These are my ¡ n„ .. ., ~^7TT "V"
X . , . v • giaf" The following gentlemen will please act as
views in brief, Sll*. : Agents lor the State Times:
Mr. WILEY : This discussion has tra- Hon. R. L>. Johnson. Galveston.
veiled over a wider range than is strictly;
justified by the question now before the ¡
Hmian The question before us now, is
I February 10th, 1852.
The Senate laid a Joint resolution fix-
ing the time of adjournment, on the ta-
ble.
A large number of bills were ordered
Senate.—Mr. Holland, one of the
select committee to whom was referred
the claim of Frederick Dawson, submit-
ted a minority report, wherein he opposes
the payment of said claim at its full face
; _ *■
the expediency of adopting a substitute
which recommends setting apart two mill-
ions of dollars of the United States bonds, \
now in the treasury, for the purpose of
creating a school fund; but the discuss-
ion has taken a range embracing the in-
vestment of the fund. Since its com-
mencement, I have examined the various
provisions of the constitution which 1
think have a bearing upon the question:
and it strikes me that the constitution
does not contemplate the setting aside
of this fund, until after the establishment
of the system of schools, for the support
of which it is set apart. It is true, our
constitution is one which, from its m :lti-
farious provisions, is difficult to be under-
stood, and which it is difficult to construe |
correctly; but there are fixed and known |
to be engrossed, among them a bill to ! value with interest, and urges the pro-
grant ninety-four sections of land of 640 ¡ priety and expediency of adhering to th<*
acres each to the Galveston and Brazos 8ca^n9 He contends that Mr.
Navigation Company. The vote on the ! Dawson has acquired no rights superior
| engrossment of this bill stood 15 yeas to |t0 other similar creditors, by disregard-
11 nays. our *aws 0,1 ^e subject of the liqui-
House.—Bill appropriating $5000 to dation of the Pllblic debt of the late Re-
redeem persons taken captive by Indians ! public of Texas; and that the proposition
&c., passed.—Amendment by Crosby to to invest the amount of the claim and as
j c — appropriate so much of same as is nee- J much more in works of internal improve-
Eat /T |ti\ <\ Anti" (ít | essiirv to carry Mrs. AVilson, now in mcnts jn the State, is the price offered
(LpdfXÚÜ ^ICIl>(LmifÜ.¡SantaF^to herfnendsm Hunt coun-jforthe sacrl£ce of'a prmc¡pfe founded
i ' Reily?chairman of special committee, wisdoIn and Polic}'> we)1 settled by the
! made a" pathetic report in favor of the acts of 1848 and 1850, acquiesced in by
claim of Fred Dawson. other creditors and endorsed by a sove-
Bill incorporating Brazos branch rail- reign people. No other member of the
road company, ordered to be engrossed, committee dissented from the majority re-
. - port.
¡ Monday Jan. 23, 1854. Mr Sublett chairman on the part of
Senate.—Mr. laylor, Chairman ot , 0 A J . ~ ,
; Committee on Public Debt, reported a the benate' of the Committee on Enrol-
' bill for the relief of Leslie Combs. The ¡led Bllls> reported a number of bills, cor-
| General is authorized to present his claim, ; rectly enrolled, and this day submitted to
(not to exceed $137,246 66, principal and the Governor for his approval.
interest) to the Auditorial Board for ad- transaction of business is expedit-
iustment to be sealed and audited as sim-! , • mi. 1 1
|J , . , .1 i r. , n , ed as time wanes apace. The laurels
liar claims by the Auditor and Comptrol- ¡ . f t
ler, and to be paid in accordance with the tLat fanc? nourished in the early part of
! second section of an act providing for the the session are being withered by burn-
liquidation and payment of the debt of ing thoughts of "wife, children and
the late Republic of Texas, approved Jan- friends."
uary 31st, 1H<>_. In addition to the usual morning and
The veto message of the Governor on , . • , n
r • 1 • * +i ^ +i evening labors, a night session was hold-
a bill relinquishing to the counties, the f ; ® .
State tax for the years 1854 and 1855, cn aI1(1 "®re Alness despatched
was, on motion of Mr. Hart, postponed than 1ms been on any previous day of the
until Saiurday the 28th inst- Mr. Hart session.
introduced a bill ¡of the same caption, | The following bills passed :
: which is designed to obviate the objection supplementary to An acttoeii-
on the score of policy, of the Governor, courage the construction of railroads in
"NTrmrmirn ínfmílilPAíl U Kill tn mi- Texas, by donations of land.
"• 7
•S. B. Brigham. Matagorda.
James Burke, Houston.
John H. Day, Brenham, Washington county.
Mr. Johnson, Bastrop.
Maj. Ben. White, Tcxana. Jackson co.
Col. S. <1. Newton, San Antonio.
Dr. L. P. Owings, Ilellena, Bexar co.
Col. Goff, Goliad.
Robt. W. Martin. San Augustine.
Capí. H. Chrism an. Caldwell, Burleson co.
Bu'M Fry, Brownsville, Cameron co.
Warren Thomas, Port Lavaca.
John Ross, San Patricio.
Caj-t. John Dix, Corpas Christ!, Nueces co.
S. B. Conley.-Gonzales.
I ¡.ill x Burke, Burkeville, Newton co.
Li nter, Canton, Smith co.
N. if. (Iiiv, Chapi-1 Hill, Washington co.
J. T. Flint. Belton, Bell co.
\ Herring, Shelbyville, Shelby co.
Wt'.-i' v Smith, Wt/bherville, Travis co.
Jamts L. Morris Kaufman.
Gi.-orgc White. MeKinney. Collin co.
A. P. Loyd. Alton, Denton < >.
Judge Wilkinson, Laredo, Webb co.
Mr. Rudolph, Uio Grande City, Starr co.
M. Seeíigson k Son. New Orleans, La.
Creen & Berry, Lynchburg. Term.
:ir#* -n>tIk>«-i.¿.«1 t.-
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 32, Ed. 1 Thursday, January 26, 1854, newspaper, January 26, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181734/m1/3/: 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.