The Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 53, Ed. 1 Saturday, March 18, 1854 Page: 1 of 4
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CITY OF AUSTIN, TEXAS, SATURDAY, MARCH 18, 1854.
NO.
DEBATES IN THE HOUSE.
Monday, Jan. 9, 1864.
Thebül to establish & system df Common
i,being under consideration,
FRANKLIN offered an amend-
He said~l move to amend the cap-
tion, in order that it may conform to the
provision of the Constitution, that every
law shall embrace but one object, and that
shall be expressed in the title. Under
the tenth article it is provided that the
legislature shall, as early as practicable,
establish ffte schools throughout the
State. It M said by the friends of the
bül, that its object is to establish a sys-
tem ofsehools under the Constitution. If
that is the object, there can be no objec-
tion to using the language of the Consti-
tution. The title as it stands is—"an
aet to establish a system of common
schools." The amendment will make it
—"an act to establish a system of free
schools throughout the State." I propose
it, because there are two classes of schools
and of public schools, known and recog-
nised by the Constitution. The first sec-
tion is general in its character, and ac-
cording to my own view is intimately
connected with the second section. But
admitting that they are distinct and sub-
stantive provisions—taking them in con-
nection with the third section, it would
that the framers of the Constitu-
coiitemplation two classes of
of them comprising the
academies in the various
' which the Republic of Tex-
as, wheft in existense as & nation, had
of land. But the class
of free public spools is the only one
which the cons titotion requires us to keep
up and support. Iiioet not require the
Legislature to provide the means to sup-
port every school that may be established
m a county—every academy or college
that may be chartered throughout the
State. Then by this amendment I pro-
pose to limit our action upon this subject
to the class of schools for which the con-
stitution requires that the Legislature
shall provide the means of support.
Mr. FERRIS: I have but very few
words to say in reply to the gentleman
from Galveston. I would simply remark,
that the reason why the caption of the
bill reads, "a system of eommoc schools,"
is because the object of the bill itself is
to provide for the establishment of com-
mon schools, and not of free schools.—
Hence, if you change the caption, as pro-
posed, it will not define the character of
the bill. Any member who has read the
bill, knows that it. does not contemplate
the establishment of free schools. In
the States of Massachusetts and Connec-
ticut they have established free schools.
In the State of New York, in Illinois,
and most of the other States, following
the example of New York, they have not
established free schools, but, as they term
them, common schools; because they are
not absolutely free schools though they
are such to some extent.
The object is not-to establish free
schools here. We cannot at present
adopt that system. That would require
a school fund of four millions, perhaps of
five. The gentleman who offers this
amendment aims a blow at the whole bill;
and as he stated this morning that he is
an enemy to common schools, I can see
his object.
[Here Mr. Ferris read some of the pro-
visions of the bill, and proceeded:}
It proposes that the interest of this
money shall go to pay the salary of teach-
ers, as far as the fund itself will justify.
And the bill provides that the balance of
such salary shall be paid up by the pat-
rons of the schools, according to the num-
ber of children, and the time they are
sent to school. It is in part a free school,
and in part a school to be supported by
individual contributions.
The two sections before referred to in
debate provide for the free education of
the children of the poorer portion of the
community—of those who are not able
to pay their share of the tuition fees.—
Now, the difficulty raised here with re-
gard to the peculiar phraseology of the
COMtifcntinn is nhvintAd iw tliia hill And
an enemy of the bill. In part that is
true: I do not believe that this bill will
work well, so far as regards a majority of
the people of this State. I offer that
amendment to make the bill as good as
possible before it passes, and I hope it
may be made. The framers of this bill
have spoken a good deal about free schools,
and I want! them to be free indeed. I
wish that parents and guardians may
have the right of sending their children
to any school within the limits of our
State; whether it be a high school, a com-
mon school, or an old corn-field school;
or term it as you please—to any school
that may suit them, and at the same
time, be permitted to draw their "pro rata
amount of the money. And I would say,
further, that a like amendment was offered
to the bill in committee, and was only lost
by a tie vote. I believe the amendment
is a good one, and I hope it will be adop-
ted.
On motion of Mr. Hale, the amend-
ment was laid on the table.
Mr. STOUT offered an amendment:
Strike out "two millions," and insert
"one million."
He said: I am in earnest in offering
that amendment. I think that sum am-
ply sufficient; and I will here state, that
I am not particularly opposed to the sub-
fctitute which has been adopted: but if
we are going to set apart money for this
purpose, let us not defraud our creditors,
but retain a sufficient amount to pay our
debts. I think one million ought to
satisfy the friends of this bill. By the
'meeting of the next Legislature, it will be
known what is the precise amount we
shall then owe; and if, after paying our
creditors there should be a surplus, we
can very easily set aside half a million or
a million more.
[After some remarks inaudible to the
reporter, he continued]:
We have already given away the State
tax for the ne*l two yaars. * I atn appre-
hensive that two years henee the State
will be found without a dollar intim
sury, and then we shall have to go back
and take up this school fund.
I know that this scheme of free schools
looks well in the eyes of the people, and
that men make capital out of it; but, in
the first place, we should pay our just
and honest debts. And as it has been
said, too, we wish to school and educate
the children of the old pioneers of Texas.
I say, let us pay what we owe to those
men—to those who have stood by the
country in her darkest hours, and given
their time, their money, their property,
all that they had, to secure her welfare;
and then, if they are not able to educate
their children, there will be time enough
to set aside a fund for that purpose.
I will go with gentlemen in passing the
bill if they will put this fund down to a
reasonable amount, and not leave the
State in such a situation, that at the next
session we shall have to take the money
back.
Mr. HUNT: I had not expected to
say a word upon this subject—knowing,
as I did, that the cause of education was
in the hands of as able champions as
could be found in this House, and I will
say as able as could be found in the State.
Jt has been battled for this session fairly,
earnestly, and with every prospect of a
glorious victory. I regret to see, howe-
ver, as I think I do, that the numerous
amendments offered with . vi#>w tn suit
I consider it the great and particular
merit of the bill before the House, that
the fund set apart and created by the
constitution, of one-tenth of the annual
revenue derived from taxation, is applied
alone to the free education of those whose
parents are unable to educate them; and
so far as that class of the community is
concerned, we are establishing by this bill
a sytem of free schools. The gentleman
then cannot raise any constitutional ob-
jection to the bill, because the fund raised
by the constitutional provision is to go to
the free education of the children of those
who are unable to pay their pro rata for
the support of schools.
We are unable to create an absolute
free school system, without a resort to
taxation. We here propose a system si-
milar to that of New York and other
States, where all children are allowed to
be educated, and if a certain class among
parents and guardians are unable to pay
their pro rata, their children can be edu-
cated free of charge.
I am in favor of the bill as it is, and I
hope no more amendments will be presen-
ted to cloy its passage. What is the ob-
ject of thus attempting to block the wheels
of legislation, and consume the time of
the House to no purpose ? We have no
time to lose. Many of us will go home
in a few days, whether the House ad-
journs or not, and we have other impor-
tant measures to act upon. I move to
lay the amendment on the table.
The amendment, with others after-
wards proposed, was laid on the table. C
Mr. RUSHING offered some amend-
ments, and spoke as follows:
Mr. Speaker: In offering these amend-
ments, I would have the House under-
stand that I do not do so to impede , the
passage of the bill, but to cure an obvious
defect, which, in my humble judgment,
will tend, in a great degree, to foil the
object for which this bill is certainly in-
tendacL I -offer this amendment as a
{fiend to the measure, To understand
which, I call the special attention of the
House to the 12th section of the bill. I
will read it first as it is, then as I propose
to amend it.
"Sec. 12. If any patron or patrons
of the school are unable to pay their share
of the salary as aforesaid, and the said
trustees be satisfied of the fact, it shall
be the* duty of said trustees to make out
a list of all such patrons in the district,
together with the amount of money due
from each for tuition, and forward the
same, under their own proper signatures,
to the Chief Justice of the county."
I propose that it shall read thus: " It
shall be the duty of the said trustees to
take the number without the names of all
such patrons as may be unable to pay,
&c." Then, in the 13th section, I also
ask to strike out "lists," and insert
"number."
I hope every gentleman will see the
policy at once. The bill as it now stands
will force every citizen in the district,
who may unfortunately be unable to pay
the excess, to have his or her name sent
up to the Chief Justice, and from him to
the State Treasurer, as paupers.
Now, Mr. Speaker, I do think this fea-
ture will have a deleterious effect upon
the ends which this bill is intended to
accomplish. If I understand the inten-
tion of this bill, it is to assist the poorer
class of society to educate their children
—to afford the means of a common Eng-
lish education to all, and not to notify ! the peculiar ideas of individuals, are tend-
the public who are paupers. I should ing to alienate from the measure many
not like this. Men do not like to be gentlemen who were previously in favor
handed round as being unable to pay a of the bill. And since I have come here
trifle; they would refuse to send to school to-day and listened to the arguments of
where there was a probability of their gentlemen, and witnessed their proceed-
being thus exposed. So the object of the ings, and have seen every manoeuvre and
billl, I say, would be in a great measure subterfuge resorted to—honorable, I will
defeated. I hope gentlemen will con- admit, and fair under tliA ruins r f t.li«
sider this defect in the bill, and cure it
by the adoption of the amendment pro-
posed.
The amendment was laid on the table,
and the substitute was adopted.
Mr. SIMS offered an amendment:—
Strike out "only," in the 8th section,
4th line, and add, at the end of the sec-
tion, "and such other teachers as parents
or guardians may select with the State,
the parents being entitled to their pro
rata share for each child within the scho-
lastic age."
He said: In offering this amendment,
in all probability I may be looked on as
7 v *V 4 UIVW V* "MW
house, and haye seen all these efforts fail,
I think it is time the bill was coming to an
issue.
I have my own views upon this subject
as well as other gentlemen; but under
the circumstances, I do not .think it ad-
visable to propose a single amendment to
the bill. And when I see these success-
ive propositions made, and know, as I
conceive, the effect they are intended to
produce,—when I see an amendment of-
fered which will meet the known views of
some gentleman who is in favor of the
measure, but who entertains some particu-
lar idea slightly differing from the plan
developed in the bill before the House,
and see him displeased at its rejection,
and in the end perhaps alienated entirely
from the support of the measure, I tell
you, sir, that I cannot keep my seat in
silence.
Wfyat is the object of this bill ? It is
to benefit the poor of our State. Don't
the rich take care of themselves ? Did
you ever know a rich man that could not
send his son to school ? Are not the best
democrats in the land in favor of appro-
priating this money to schools? You
once appropriate it to this purpose, and
my word for it, you will never find a
House of Representatives or a Senate in
Texas, undertaking to re-appropriate or
take it back. No, indeed, sir; the peo-
ple of no county in the State of Texas
will ever go for the repeal of this law,
appropriating the interest on two millions
of dollars annually to educate these poor
children.
I profess to be a democrat, Mr. Speak-
er; and what is democracy? It is to
deal out equal justice to all. I have been
called a leveller in my county; and what
sort of a leveller am I> sir ? I am not of
those who desire to pull down men who
occupy an elevated position; Jbut I am
one of those who would take up the poor
and down-trodden, and lift them up to
the level of the highest.
You, sir, may be worth a million to-
day ,*and your child may not have a cent,
and may not be able to get his schooling.
Appropriate this amount, and make it a
permanent fund, and you secure to your
child the most desirable wealth—educa-
tion. " Knowledge is power''—it is riches,
and it will not take to itself wings and
flee away. Under our system of govern-
ment, a man who is poor to-day is rich
to-morrow; and he who is now rolling in
boundless wealth, may to-morrow be
threading his toilsome way in the lowest
walks of poverty. • If I have hefifí
th«n educated. If Lam poor: 1
give my son the ability to meet in the
ftf the eountry. en an equal foot-
ing, the son oTTütí luan-wiüJs worth his
millions. - - , .
On the same principle, I voted to raise
the pay of members. Iii the British
House of Commons they are not paid at
all; and the consequence is that a poor
man cannot go to parliament. Put down
the pay of our members to one dollar,
and what poor man can go through a
canvass and come here to represent the
people? It is a saying, trite but true,
that seeming extravagance is kindness to
the poor. And, sir, it is real democracy.
My vote is always given to raise the
amount of salaries, in order that the
poorest in the land may be able to fill the
offices of the country. If our members,
like those of the English parliament, re-
ceived no pay, I should like to know the
poor man that could come here. It has
been called extravagance to raise the pay
of members; I call it economy. It is
that economy which enables the man of
ability in the humblest position in life to
come to the councils of the country, and
exercise his talents for the benefit of the
whole nation. [Called to order.] I act-
ed upon principle in giving that vote; I
am acting upon principle now in giving
my vote in favor of appropriating this
money to secure to the poor children of
the country the inestimable advantages
of education. Sir, it is necessary to the
very existence of a democratic or repub-
lican form of government, to educate the
children of the poor. Are not the ma-
jority of the people in all countries,
whether republics or monarchies, poor?
Yes, sir: and those gentlemen who, in
the councils of the nation, vindicate the
interests of the masses against the little
arrangements of the rich, are called
statesmen—for they go for the good of
mankind. There are those in all legisla-
tive bodies, in all public positions, who
go for the rich—who cater for those who
have the means, and want to keep them
confined to the few. Some of these men
call themselves democrats; yet, when you
see them on the stage of action, you will
find their acts savoring of anything but
democracy.
Sir, my sympathies have ever been with
the poor. If I want to be found on any
side at any time, it is on the side of the
weak against the strong; and it is only
those who are poor and weak that need
«Ksiptance of the statesman. A voli-
tician, sir, can always help the majority
or the powerful: but a statesman, sir,
will aid the weak, and raise up the hum-
ble. I do not call myself a statesman,
Mr. Speaker; I know that I am not: but
I attempt to imitate the character to the
best of my abilities, in the position in
which I am placed.
I go for the school bill. I think I can
see the origin of all these amendments.
There are claims against your treasury;
and gentlemen representing these claim-
ants fear, that if you set apart this school
fund, the money to pay them will be
from them and their heirs forever.
want this school fund; but, thanjl _
they will never get it. The majority of
the voters of this country are compara-
tively poor, and they, too, want the assist-
ance of this money to educate their ehii-
I had not intended to make one sifcgle
remark, but really I could not help it.—
I ask pardon of the House for tresspass-
ing, as I have done, upon their time and
attention.
Tuesday, Jan. 10,1854.
The bill amending the act r
the license and practice of alt ...
law, being under consideration,*
Mr. FRANKLIN moved its postpone-
ment until the fourth of July next.
The reading of the bill was called
Read.
Mr; FIELDS explained the object of
the bill. It proposed such a change m
the present law, as would enable a young
man to acquire a license to jractice, be-
fore reaching the age of jHRy-one, if
he could stand an examint^n.
After some desultory discussion, the
House refused to postpone.
Mr. PALMER moved the
the bill, upon which the yeas
were called. ,
Vr TiWn jO -T T
Lftaagpff ...
vote upon this question; for , —
one of more importance than it is con-
1, I imagine, by many in this
Now, sir, T am opposed to the b
I took this position oefore the
afilie Judiciary, when the first
individual relief came befóte that com-
mittee. Í titok-the position then openly
that I was opposed to allowing anyyoung
man to practice law before the age ef
twenty-one; and I believe there are ma-
ny persons here now voting for this bill,
granting the privilege to all, because the
Legislature has granted it to a few, thus,
as I conceive, endeavoring to cure a 1ms
evil by perpetrating a greater.
I believe the adoption of this amend-
ment would be injurious to the young
men themselves. And I have never
known an instance where a young man
has been benefitted in the end by an ex-
ercise of this privilege. In feet he be-
comes too quickly a man; and 1 believe
it would be injurious to the community,
from the fact that these young men hold
themselves out to the world* as lawyers,
as men competent to dp business, and
many persons who are not familiarly ac-
quainted with them, commit business of
importance into their hands whilst still
inexperienced, and in many cases wholly
incapable of attending to it properly.-—
Thus, through the influence of friendship
and other causes unconnected with the
capacity of the attorney, the interests of
strangers and widows in particular are
frequently jeoparded, on account of his
want of experience. And experience is
of more value to a lawyer than anything
else. Some young men may be as well
read in their books at the age of eighteen,
as others at twenty-five. But for a man
to be a good practitioner in the law, he
must have experience. And no person
can have the necessary experience before
he is twenty-one.
I therefore vote no.
Mr. FRANKLIN: I concur entirely
in opinion with the gentleman from Cass,
(Mr. Ferris.) I do not believe this
change in the law would be for the ad-
vantage of the young men themselves; I
do not believe it would be for the advan-
tage of the community; I do not believe
it would be for the advantage of the pro-
fession. I do not think that any class
in the community would be benefited bv
it. This amendment does away with all
restrictions and limitations, leavin*ft «Q-
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Ford, John S. The Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 53, Ed. 1 Saturday, March 18, 1854, newspaper, March 18, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181757/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.