Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 33, Ed. 1 Saturday, January 28, 1854 Page: 3 of 4
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power should be exerciscd by Congress
unless it >s expressly given, or results
from clear implication; the latter are con-
strued liberally, and any power may be
exercised which is not clearly prohibited.
The 21st section, 1st article, of our con-
stitution declares, " To guard against
transgressions of the higit powers herein
delegated, we declare that every thing
in this Bill of Rights is excepted out of
the general powers of government, and
«hall forever remain inviolate, and all
laws contrary thereto, ©r to the follow-
ing provisions shall be void."
Now, as an original or abstract pro-
position it is true that tho State can ex-
ercise any power not inconsistent with
the constitution of the* United States; but
the convention which framed our State
constitution thought proper to except
certain things out of the general powers
of government, and to declare that all
laws contrary thereto should be void.—
But the right to loan or invest money is
no where excepted out of these general
powers, and therefore it remains, and
may be exercised by the Legislature.—
This proposition is so clear that I shall
not further trouble the House by the con-
sideration of it.
There seems to be a. disposition in cer-
tain quarters to cry out "speculation,"
and to make it appear that all the public
money and all the pnblic lands are to be
squandered away. We are told that
there is a speculative atmosphere envi-
roning this Capitol, which bids fair to
bankrupt the State. This may be true,
but there are different kinds of atmos-
phere encircling this Capitol; how many
sorts I will not pretend to say, but there
is one kind which had its origin some-
where near the abode of the swarms of
hungry creditors of Texas, who have spe-
culated in her currency, which prompts
men to grow eloquent in their denuncia-
tions of all internal improvement schemes,
and to discant upon the great honor that
must result from the payment of the Tex-
as debt at its face value. The word re-
pudiation is rung in our ears, and we are
charged with a desire to squander the
public money, and leave the public debt
unpaid. Now, sir, I care not what may
be said on that subject; the State has
adopted a policy by which she proposes
to pay this debt at its scaled or real value,
and I am not disposed to depart from it.
By this policy she pays her debt honora-
bly and equitablv, which is more than
state of prosperity unknown to the world,
in any former age. This unprecedented
prospe ity in the northern States, is, in
my opinion, attributable to their success
in internal improvements. The first work
of the kind of any magnitude, was the
Erie canal, which was commenced in 1817,
and completed in 1825. Up to that time,
the southern States had advanced in pros-
perity and wealth, pari passu, with the
northern ones; but the opening of that
great work poured the vast commerce of
the Great West into the laps of New
York an Boston, and excluded Baltimore
and other southern cities from any parti-
cipation in its benefits. Previous to the
opening of that canal, Philadelphia was
the first city in the Union in population,
the other States reasoned as we now do,
on this subject, their roads would never
have been built. Had Georgia and her
citizens, who have expended Ǥ14,000,000
for railroad purposes, invested that amount
otherwise, and not risked it in railroads,
what would have been the consequence ?
Why, simply that they would have made
from 5 to 8 per cent, interest on their mo-
ney, while the State would have been
without railroads; her people would have
continued to desert her for homes in the
new States; her towns and cities decayed,
and her people without any of that high
prosperity they now enjoy.
It is not the 5 per cent, interest on
these bonds Texas wants: it is the collat-
eral advantages of railroads. She wants
wealth, and internal commerce; and thej to bring a market to every man's door;
products of western New York went doAvn
the Susquehanna to Baltimore, as the
cheapest and best market: but the open-
ing of the canal diverted it to New York,
which is now the emporium of the con-
federacy. The numerous lines of railway
opened in the North, all pointing to New
York and Boston, have increased theii
to bring people into the country to buy
and cultivate her land, whose strong arms
may defend her when she needs defence;
to make towns and cities spring up in her
broad wilderness, with their concomitants,
manufactures and commerce; to rear col-
leges and seminaries of learning, and to
disseminate the truths of Christianitv.—
importance as commercial depots; and at For these purposes the friends of internal
this time, they bid fair to absorb almost I improvements wish to extend aid to rail-
the entire commerce of the Union. I road companies by a loan of money; and
A different policy has been adopted in I whenever gentlemen convince me that this
is wrong when any individual refuses to
exhibit his title papers. The more he re-
sists inspection, the stronger is the pre-
sumption of fraud against him, for in-
deed the opposition struggle as with
death to avoid the examination.
I do not seek, as has been said, to dis-
trust land titles. The opposition may
raise such objections in order to defeat
enquiry. I deckre myself the friend of
good titles, and am now seeking by this
means to secure titles to the meritorious
and deserving, and if neceasary I will
vote for the confirmation of all head
right titles, having a reasonable appear-
ance of genuineness. I will do more, I
will receive to every purchaser who actual-
ly occupies and cultivates lands under
any kind of title to the extent of his
his purchase, not exceeding one league
and labor. It is the industrious citisen
I wish to protect against the crafty and
designing, who speculate upon him, . of
whom there are vast numbers roaming
over the country locating their II league
and 30 league claims. Unless something
be done even he who occupies under an
II league claim is not secure. I say that
I am asking an opportunity to defend
the citizens against 11 league locators.
The citizens headrieht and the holders
nearly all the southern States, and differ-1 money, when set aside, is to be loaned to ; of bounty warrants, have no chance
ent results have followed. The States of j railroads, I am prepared to support the
South Carolina and Georgia form excep-! bill.
tions; having, at an early day, projected ,•—J- - ■
judicious systems of internal improvement, j DEBATES IN THE SENATE.
These States sought a remedy against de-
population and decay, by wise expendi-
tures for these purposes. The latter
State has expended fourteen millions on
railroads, and thereby kept her people at
home; gave a new impetus to all branches
of agricultural, manufacturing, and com-
mercial industry; and in ten years added
one hundred and fifty millions to the as-
sessed valuation of the property within her
limits.
Whilst the enterprise of the North and
West has furnished thus far, over 9,450
miles of railroad, the States of the South
have embarked slowly, and with extreme
caution, in similar improvements; and
have built but 3000 miles of railroads, and
about one-half of that is in the States of
South Carolina and Georgia: and in
those two States, we find a greater de-
gree of general prosperity existing than
elsewhere in the South. When we con-
sider the great disparity existing between
x „, j the amount of improvement made in the
any revolutionary government ever did ¡ North and that in the South, it is not as-
J. T. FMHÍT, Reporter.
against
Thursday, Dec. 22d.
The question before the Senate was . - - o -
the adoption of the report made by a i-tion being allowed, will have that effect
the 11 league locator, because
o . O '
we are prohibited from raising the objec-
tions against him which would defeat
him.
Mr. President—let us investigate old
, titles of that description and that being
j done, will stop the introducers and loca-
! tors of those large claims. Investiga-
majoi ity of the Judiciary committee, up-
on a bill entitled An act to ascertain for-
feited and escheated land, recommend-
ing its indefinite postponment.
Mr. ARMSTRONG of said eommit-
Those locators are spreading the coun-
try with their suspicioned titles, and cov-
ering the beautiful vallies of the tributa-
ry streams of the upper Brazos and ef-
fectually checking, if not destroying the
with a revolutionary debt. The United
States paid a part of their revolutionary
debt at two and a half cents on the dol-
lar, and another part of it at one cent on
the dollar. •
The reserved five millions of indemni-
ty bonds, now in the United States trea-
sury are more than sufficient to pay all
the debt of Texas, according to the re-
tonishing that the one should have so far
outstripped the other in the acquisition of
population and wealth. Now, the ques-
tion arises—How has the North and
those southern States that have railroads,
obtained them ? Have the silent and un-
aided efforts of private capital and pri-
vate enterprise created these improve-
ments? Or have they been commenced
tee made a minority report, recommend-j prosperity of the finest portions of our
ing a substitute for the original bill, and ; noble State. I say that something
said j should be done that the honest purchaser
Mr. President: It is understood that i of lands may be protected, that our home-
the object of the original bill and substi-! steads and firesides may have, some
tute is to provide for the investigation of' chance of protection against the 11 league
11 league titles. The question involved locator. I complain of the grievous
is, shall an investigation be had or not ? ¡ hardships we labor under. I complain
The report of the majority is opposed to j that the citizen whose headright claim
all manner of enquiry into the character | has undergone the trial of investigation
of 11 league titles, while the report of j by boards of land commissioners and dis-
the minority signed by myself, argues the ! trict courts, and the soldier who has de-
absolute necessity of some manner of en- ! fended his country against her invaders,
is not permitted to object to defects of
titles issued to Mexicans, aliens or ene-
mies of our country. What Texan will
contend for this principle, that a 11 league
title issued to a Mexican an alien enemy
quiry being instituted, and the substi-
tute offered by the minority is a modifica-
tion of the original bill. The original
bill provides that the District Attornies
shall institute proceedings for the discov- .
ery of forfeitures, while the substitute j °f our country shall be free and exempt
says the Grand Juries of the several from radical objection being raised to his
counties of the State, may make pre-
sentment to the courts of all 11 league „
land claims to which conditions are at- headright claim ?
tached and 11 league void titles lying! Mr. President I will be more specific,
in their counties. The bill does not sav ! I ^ie taws are partial to the eleven
title in our courts, and sanction the poli-
cy of ridid investigation of the citizen's
ports of the Auditor and Comptroller, I and encouraged by state authority? I ... ,
and there is now in the State treasury! assert that the States possessing these | the grand-juries shall present, but that j league locator. There has been a decis-
over three millions of dollars, after the j improvements, extended to them greater; they may present. After which it is the j ion of the Supreme Court, that a citizen
payment of all appropriations heretoforej aid than is proposed to be given to the ' duty of the District Attorney to proceed ; shall not object to the defective title of
made. What is to be done with this mo-! Texas roads by this bill. Georgia has «<rain«t the lands to ascertain their for-! the eleven league claimant; shall not
feitureand abatement of title. No form j avail himself of the name of the State
of pleading is required, but it simply di- j to raise such objection; while the eleven
reets the courts to enter the nenessarv ¡ league claimant, falls hack on the name
issues so as to involve the entire merits of
the claims.
Nn ilnmniTp ran aceiire. to tlie honest
ney? Would you lock it up in the trea- i contributed $3,500,000 in aid of her rail-
sury for the purpose of securing it, or way system; Virginia, $8,000,000; Ma-
will you appropriate it in compliance with ryland, $5,050,000; Pennsylvania, §4-
a solemn requirement of the constitution 200,000. New York made to one road a
for purposes of education? I am willing; bonus of §6,000,000. Massachusetts
to appropriate two millions for this pur-! loaned to one company, §5,400,000.— _
pose, and apply the interest to the sup-j Tennessee has a general law on her sta-! claimant from the hands of the people
port of common schools, and loan the | tute books, authorizing the State to take | who alone can institute the enquiry. In 0 0 „ --
principal to railroad companies under ¡ stock to the amount of §8,000 per mile in i counties where no such lands lie, or where ! claimant ever did ? Is it not a violent
proper restrictions and guaranties. ! all railroads in the State; and all that | the interests of the people demands no I presumption of fraud in their titles? Is
To the policy advocated by the oppo- companies arc required to do before re-! such inquiry, the juries will have noth- i it not satisfactory proof that there is
nents of this bill, is the south indebted j ceiving thi¿¿ amount, is to grade and j ing to do in that aspect; but where the ¡ fraud ? Were they anxious for the en-
for her present crippled and weakened; bridge the road for thirty miles. South \ safety of the rights of the citizens de ¡ quiry, they would be entitled to the
condition. The north adopted one poli-1 Carolina has furnished large amounts in ¡ mand such proceedings then the iuries "f honest men. Their ohsti-
cy—that of extending State aid to inter-! aid of her nublic works. Missouri is ¡ilso : will hare it in thpir nmver tn <>■
0 - •
of the State to protect himself against
objections to his titles. What is the pre-
sumption when we see the eleven league
claimants so stoutly and desperately re-
sisting investigation, which no other
cilj
r> 9 ; I ^ ¡ „ IIL liCfcfv H m 1
nal improvements, while the south adop- ■ extending liberal assistance to her railway j tection to the citizen by presenting
ted another—that of extending to them: improvements. In fact, sir, wherever rail- \ titles as are, and such * as shall be^ intro-
no aid. In the one s ection they flour-. roads exist, they have been fostered and j duced into the county. What goocí citi-
ished; in the other they languished. The; encouraged, materially, by the govern- j zen is afraid to trust that body with the w-
consequence has been that while the'mcnt; and wherever they have been built,: protection of his property—a bodv who \ The constitution of our State requires ua
northern section has been advancing in they have carried with them an amount of' have from time immemorial guarded the j to provide a law for determining what
population, wealth and power, the south-! prosperity and wealth unknown to those 1 lives, liberties and property of the citi-! lands are forfeited. The convention
U£,kl (.AAV It IA1V |U1A\.C —
power to extend pro-! nato refusal is sufficient alone to urge this
body to support a measure of enquiry.
What better evidence do we want ? Let
us not be partial to them, but deal ijith
tlirun as wp have ilpnlt. with the eit.iv.Anfl.
population—equal gument, that the school fund, or the j safe keeping of his rights ? Are we to to disregard the requirem
and manufactures, amount proposed to be set apart for that I fear each other, if so, what can bind so-1 stitution in this respect?
., Blr- Th North purpose, is now safely invested in United ¡ ciety together? Will we acknowledge ! disregard this provision,
he controls the com-: States 5 per cent, bonds, and that it i that we have no confidence in onr fellow 1 card another, and anothe
I & t ****** i vi ^ UUV OUUIII , Jil I CAli*C Tl LU'llll _____
ern section has remained almo t station-j regions that arc without them. I zens? What good citizen is there who
ary. Sixty years ago the two sections j It has been urged on this floor, in ar- fears to entrust to such hands, also this
were about equal m population—equal ■ gument, that the school fund, or the j safe keeping of his rights? A™ w tn
in wealth, commerce anrl m
But how is it now,
has grown a giant: she . „llo VWII,. oiatus 0 {)t.r ut.Iu. DOnus, ana mat it-! that we have no connaence in our fellow g
merce and manufactures of the country:
more than that, she controls its political
destinies also. How has this h*™ • ' • 1
about ? How does it happen
and sciences have taken up .
there? and that education there
ti\ rA r linr onllnrrna nnrl Qpmmfii
* gicat otate iikü íexas, jl conicim mat 110 sarer deposit - -
"J,itng the progress an<l wpIfarA nf lw r made of such a dutv and power;-than in ¡provisions.
Mr. President—It has been objected
♦ lio f Yin nfif o irnnlrl f a fKa Rffltfl
would be unsafe to invest it elsewhere;
and that the State Will ri>:ili7í 51 nfrfitur
thought so, and the people have so de-
clared in their constitution; and are we
to disregard the requirements of the con-
If we are to
, we may disre-
& another provision with
citizens ? To refuse entrusting them with | euual propriety, and even the entire con-
eiií>li ilntu ta n tnamfAjtatinn <if o u*qrif i\f I stitution.
A ro iva tn #1 mo ♦Via pAffíV*tuftRíl OT
is because certain physical necessities, ___ _ una weiiare ox iier raaac oi sucn a
compelled her to rely on her own exer-; people: the collateral advantages arising ; the grand-juries. The mist timid can
tions, rather than on her natural ad van-j from the loaning of this money to rail- have nothing to fear from that, unless lie
ftages, and her efforts to obviate these; roads, will be infinitely greater than those fears investigation will expose fraud,
physical necessities, have resulted in a j arising from inter est on the money. Had Is it not an admission that something
by such investigation. 1
the people of Texas are
answer that
tho fitlllA
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 33, Ed. 1 Saturday, January 28, 1854, newspaper, January 28, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181735/m1/3/?q=%22tex-fron%22: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.