Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 25, Ed. 1 Tuesday, January 10, 1854 Page: 1 of 4
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TRI-WEEKLY STATE TIMES.
VOL. 1.
CITY OF AUSTIN, TEXAS, TUESDAY, JANUARY 10, 1854.
NO. 25,
FIFTH LEGISLATURE.
DEBATES IN THE SENATE.
J. T. FMSTT, Reporter.
Friday, Dec. 16.
Remarks of
MR. J0WJSR& upon Mr. Kyle 8 a-
mendment to the bill to be entitled "An
act to. encourage the construction of
railroads by donations of land.
Mr. President:—The few remarks that
I propose to make upon this question, are
called out by tKe arguments of the gen-
tleman (Mr. Potter) who has just address-
ed you. It seems to me that it is impos-
sible for him to argue any question in
relation to the increase of land to be do-
nated to railroad companies, without also
arguing the question ol "What is to be
done with the money in the treasury?"
[Mr. POTTER here asked if his argu-
ments upon that point had not been in
reply to others.]
Mr. JOWERS continued—Mr. Presi-
dent : I do not recollect that others have j
spoken upon it, except incidentally. The |
gentleman goes into an argument in re-1
gard to the loaning policy ; but after j
hearing him through, I am not certain
that I understand1 his views, but should
judge that he would be opposed to it. I
think I know the views of a portion of
this Senate, who are willing to increase
the bonus of land from eight to sixteen
sections per mile of road constructed, and
that is about all that they are willing to
to do, and therefore will, be opposed to
the policy of loaning the money now in
the treasury? Does he occupy that po-
sition? I say will he be willing to give |
the eight additional sections, according!
to the term3 of this bill, and then vote for j
the loaning of the money ?
Mr. POTTER said: No sir; I would
not vote for the loaning of the money to
railroad companies, whether we give eight
or sixteen sections of land.
Mr. JOWERS: Just as I expected.
I am willing to give the bonus of eight
additional sections, reserving my opinion
in regard to the loaning policy, until that
question shall come up. The very argu-
ment that I heard the gentleman make,
on a former occasion, in regard to cre-
ating monopolies, is the argument that I
would make against this amendment.
When the Pacific railroad bill was before
the Senate, I think he made quite an ar-
gument against it, upon the ground that
by granting so much land to a railroad
company, that we would be creating a
dangerous monopoly. If that be so, how
much greater will be the danger, it this
amendment is adopted ? In the first in-
stance, but half of the land set apart for j
the construction of the Pacific road would j
belong to railroad companies; in the se- j
cond Instance, all, and the whole line !
«Jong that road for 60 miles in width, and j
800mile3 long, would be tied up: for what j
would not then be owned by the Pacific i
Toad, would be owned by local roads.—
Then there would be danger of a great
land monopoly; therefore, I am opposed
to that amendment. It is singular to see
those very men who opposed the Pacific
road bill, advocate the policy of giving
the alternate sections of land reserved to
the State by it, to the local roads-—to see
gentlemen who were afraid to give one-
half of the lands set apart for the con-
struction of a road, for fear it might
create a monopoly, now willing to give
the whole of it to railroad companies. If
what they ask by this amendment had be-
come part of the Pacific railroad bill, it
would have defeated it. The senator from
Galveston (Mr. Potter) and the senator
from Fayette (Mr. Hill) would make one
believe, who does not know something of
the country above the reserved lands for
the Pacific road, that it is of no account
and not worth one's trouble to locate it,
and therefore would be of no value for the
local roads to put their certificates upon.
It is strange that they should have so re-
ceirtly'found out that the county through
Which the Pacific road passes, is the only
country in Texas that is worth one's time
to survey. Now, I am satisfied that the
country beyond that belt of reserved lands
is a fine one, and that it contains some of
our finest lands. The companies which
construct the local roads will not have to
go, as the gentleman says, above 33°
north latitude; but thirty miles north of
32°, which would be 32|°, the natural
fertility and worth of which will be as
much as upon the line of 32°.
Mr. POTTER: As the gentleman is
in the habit of having his speeches print-
ed, and I am not much in that habit, a
person, upon reading his remarks, might
be led to believe that I had said there is
no country above the line of the Pacific
road.
Mr. JOWER: I am merely contend-
ing that the companies which construct
the local roads, will have it in their pow-
er to secure good lands; and that they
would not be obliged to go above the line
of 33° before they could get any. Now,
in regard to publishing speeches, I think
I have never failed to see the speeches of
the senator published; and I am pleased
that such is the fact, for they are very
interesting. If this amendment were to
be adopted, it might be the cause of re-
tarding the settlement of the State; as
the whole belt of country along the Pa-
cific road would be in the hands of corpo-
rations; while, on the contrary, if it is
not adopted, a portion of that great belt
of land can and will be settled as soon as
you permit it to be. Again, if we adopt
that amendment, we shall defeat the ob-
ject intended to be carried out by the Pa-
cific road bill; as it was argued that by
setting aside the alternate sections for the
benefit of the State, the State would, in
the end make money in giving away her
lands; and the argument was, and I
think correctly, too, that the sale of the
lands would relieve the people of taxation, i
and create a magnificent school fund, as
well as for other purposes. This, I con- j
fess, was one among other inducements
for me to vote for the bill and against the ,
amendment similar to this, which wasI
sought to be tacked on to it. It is no j
argument in favor of this amendment, (al-
though gentlemen have tried to use it,)!
that the senator from Travis has intro- i
duced a bill to sell the alternate sections;
reserved to the State at one dollar per
acre, and upon that affirming that the j
State will receive little or nothing for her j
reserved lands, and might, therefore, as
well give them to railroad companies. It j
is yet to be seen whether that bill will!
pass or not; and whatever may be its
prospects, or would be its effects if it be-
come a law, is not the question now before
the senate, nor is the question as to the
policy of loaning the money of the State
to railroad companies before it; but the
real question is, the granting of eight ad-
ditional sections of land to the bonus al-
ready given to railroad companies con-
structing roads, making a bonus of sixteen
sections in all. Let every question stand
upon its own merits. Those questions
which have been sprung upon us during i
this discussion, and foreign to the ques-¡
tion before us, will come up in due time, j
and then gentlemen will have an opportu-
nity to give an expression of their opin-1
ions; but, until then, I hope they will not
try to forestall the action of the Senate j
by discussion. I shall vote for giving the i
additional eight sections, but not to be j
taken out of the alternate sections reserv- j
ed to the State upon the construction of |
the Pacific road: and when the question
arises as to loaning the money of the
State, I will make my position known.
Remarks of
Mr. PASCHAL upon Mr. Kyle $
amendment to the bill to be entitled, ¡
An act, to encourage the construction
of railroads by donations of- land.
Mr. President—The known political
influence of the gentleman from Galves-
ton (Mr. Potter ) and his consistent can-
dor upon this floor, would entitle his
opinions to respect from any gentleman i
who should happen to differ with him,
and it is with the greatest respect to his j
opinions, knowing that we have the same i
object in view, that I advocate a policy
in regard to aiding railroad companies
that meets with no favor from him. I do
not know that I should reply to him if
he had not when last upon the floor j
made direct reference to me and the pol-
icy which I advocate. That gentleman ¡
and I agree in one thing, and that is the!
necessity \)f connecting the Gulf towns
with the Pacific road. It was by an un-
precidented vote, or at least by a very |
large vote that the bill for the contrac-
tion of that road was passed. I have j
stated the effect that I believe it would!
have without the branch roads have pro-
visions made for their construction—that j
I believe it would prove the Upas tree of
our coast, if we did not connect with it;
but the gentleman and I differ widely as
to the policy to be adopted to form that
connection. I am opposed to the policy
that would appropriate the alternate sec-
tions to bo reserved to the State upon the
rvmufrntHion of the Pacific road, to aid
in the construction of the local roads,
chiefly because I am in favor of* another
policy which I believe more advanfegeous
to the State, and better adapted to bring
about the ends which we mutually desire.
Now as that amendment provides that
those alternate sections shall be donated
to aid in the construction of the branch
roads, I must confess that it is a great
temptation thrown before the western
members, and if I were actuated oníy
by our own interest I would say seize up-
on this opportunity, adopt this means to
aid in their construction; at the same
time I should feel convinced that it would
not do justice to all portions of the State.
I hope my vote will never aid one portion
of the State at the expense of another—
that it will never be used to promote the
interests of my own section at the ex-
pense of others.
If the roads which we have in contem-
plation are all constructed under this
bill; we will find that the alternate sec-
tions reserved to the State by it, which
will be surveyed by the several railroad
companies for her will amount to more
tnan ten'millions of acres. Is there any-
thing extravagant in saying that if wTe
reserve those lands from present sale
that they will eventually average to us
$1 per acre, which w ould amount to more
than $10,000,000—to more than what
we received upon the sale of the Santa
Fee territory. These are not extrava-
gant calculations; then with the money
which we shall get from the sale of the
reserved sections of the Pacific road, we
will have a fund to educate every child of
Texas, and also aid in carrying out a
general system of railroad improvement
throughout Texas. The senator from
Hayes (Mr. Kyle,) says that our money
is already a bone of contention, and that
if we had only enough to defray the ex-
expenses of government that we would
get along more harmoniously. I admit
that unless we make a wise use of our
money, that it had better never be brought
into the Treasury ; but by a proper poli-
cy our money may become a perpetual
fund for the purpose of defraying the ex-
penses of the State and be made at the
same time to encourage works of inter-
nal improvement to develope her resour-
ces. Instead of using our reserved lands
for the benefit of a few roads that would
be able to take advantage o( the provis-
ions of the law granting them; let us
seek to increase the fund belonging to the
State and then by a judicious policy
make that fund subserve another great
interest, beside that of defraying the ex-
penses of the government. Now Sir, I
venture the prediction, that the State of
Texas may safely loan to her railroad com-
panies funds to the amount of 6 and 8 or
even $10,000 per mile. The security
which we will have upon loaning our mon-
ey to railroad companies by taking a
mortgage upon the road is the best that
we can have. It has been demonstrated
by the State of Wisconsin; she to aid
works of railroad improvement made the
bonds of the companies banking capital
to the amount of $8,000 for each mile of
road constructed. It has proved to be
the best bank stock that they have, and
it is also thought that they might have gone
to the extent of $10,000 per mile with
perfect safety. It is my opinion after
much reflection that the State may safe-
ly adopt the policy of loaning her mon-
ey under proper restrictions to develope
her resources. At the adjournment of
your legislature last winter, the great
questions agitated by that body, and
mainly before the public mind were for
the loaning of this money to aid in the
construction of railroads, and of making
appropriations for clearing out your riv-
ers. In the meantime another important
question arose; that of constructing a
| Pacific railroad through our State, and
Í the people voted down the bill providing
! for the improvement of the rivers, be-
! cause they saw in the construction of the
! Pacific road, that all the advantages and
¡ many more, would thus be secured to
¡ them, that could possibly arise from the
| improvement of our rivers.
It becomes a settled question that this
| legislature should do all in their power to
! foster that work, which is not positive-
j ly against good policy.
The question of loaning the money to
aid in the construction of railroads was
also canvassed; and do you not recol-
lect that every candidate for governor
but one or two advocated it ? Many of
the members of the legislature discussed
it upon the stump, and were elcctod up-
on that rme#tion.
Now let us compare the policy of that
bill with the loaning policy. In carrying
out your plan, suppose you give the priv-
ilege to the companies for the construc-
tion of the local roads to choose the lands
granted to them out of the alternate sec-
tions to be reserved to the State upon the
construction of the Pacific road. In the
first place you will have defeated the
object of the State to raise a fund from
the donation of so much land for the
construction of that road. In the sec-
ond place, if the several local roads are
constructed to the amount of one thou-
sand miles in length, they will absorb all
of the alternate sections reserved to the
State, and other roads which are to be
constructed after them will have but a
poor chance, for then you will have no
fund to help them with. The, construc-
tion of the one thousand miles of local
roads will entitle them to 10,000,000 of
acres which at the low average price of
one dollar per acre would amount to $10-
000,000—a sum which by adopting an-
other policy might become a perpetual
fund in the hands of the State.
( Were I governed by interest alone I
j might advocate that amendment. Our
I road would be one of the beneficiaries—
j would receive a large portion of those al-
i ternate sections because it would have to
i be some 400 miles long to connect with
j the Pacific road, but what would become
of the ballance of the State in that time?
II would ask if it is not more just upon
i the part of the State, to sell those choice
sections making them average at least
one dollar per acre to be invested as a
permanent fund to aid in the construc-
tion of roads throughout the State, than
to donate them at the present time
knowing that there are but a few compa-
nies in a situation to take advantage of
the donation, and that those companies
would be the sole beneficiaries ? That
fund could be loaned to railroad compa-
nies, and the first mortgage upon the
road would be a sufficient security to the
State, while the interest upon it could be
devoted to the purposes of education, or
to defray the current expenses of the
State. The bonds of the several com-
panies to the State will always be conver-
tible into money, then you will have a
fund at your command to aid in the con-
struction of railroads to almost an indef-
inite extent. I know that this policy
will meet with oposition in both branches
of this legislature. There are some that
are desirous to see the public debt paid
at its par value, and thereforo are looking
to the money in the Treasury for that
purpose. They may see it done; but
i the people have decided that it should
not be; and it will not be until there is a
different expression of the will of the peo-
ple upon this floor from what it is at the
present time. I will say nothing upon
the subject of their motives. I feel very
sure in predicting that it will never be
I used for that purpose. Some others
j would wish to see us go into a system of
j free banking, and have the money of the
j State invested in banks for her benefit.
; They are entitled to their opinions, but
i they will never see the money put to that
purpose. As the money is now in our
Treasury and we wish to secure a fund
from it for the support of schools through-
out the State, the very best way to se-
cure that object will be to invest it in the
construction of railroads. It is bound
to be invested in some way, or your
school system falls to the ground, for it
is from the interest on that fund that tha
school system is to depend for its snp
port. As gentlemen have alluded to thi
question I have no hesitation in makiuir
known my opinion.
The gentleman from Galveston (Mr.
, Potter) says the money is securely invest-
ed now in bonds of the United States.—
It may be securely, but I know that be-
yond that security the State is receiving
no benefit. Being secure merely is not
sufficient, when we have it in our power
to so invest it as to advance another in-
terest, and be equally secure. The first,
the last, and only question of the miser
is the security with which his money is
to be loaned; but if you go to the man of
liberal feelings and comprehensive views,
you will find that he will ever loan his
money where he can do some good—
where he can be of service to some fami-
ly, or to his country—where it will se-
cure the greatest amount of good, the se-
curity being equal. Then, docs an en-
lightened policy force us to the belief that
the State of Texas should look to the
soundness of the security alone upon
oUm h^r nrinriflvr Tf
can invest her money securely, and at the
same time promote another great interest
of the utmost importance to her, is it not
her duty to do so? Now, there must be
some ulterior object in view by those gen-
tlemen who oppose this policy—they must
have some designs as to the future use of
this money. I do not believe those gen-
tlemen are so short-sighted as not to see
the object of it. I give them credit fof
more sagacity than that. They look far-
ther into the future, and count the prob-
abilities of carrying out a project of their'
own. It has been said here that we
should let the United States bonds re-
main in the treasury, for the eleven years
which they have to run, because they are
securely invested, using the interest for
the maintenance of schools, to the amount
provided in a bill which a short time since
passed this body. Suppose We adopt the
policy as advocated by the gentleman
from Galveston, (Mr. Potter,) until the
time for tha payment of those bonds runs
out. Is there a gentleman upon this floor
who believes the United States would re-
new those bonds? Not one but hclirvftt^
that the money will be paid into our trea-^
sury when it becomes due. Then a thou-
sand teachers, spread over the State of
Texas, will be turned out of employment,
for the want of funds to pay them for
their labors,—fifty thousand children at'
tending school, whose tuition depends
upon the punctual payment of the inter-
est arising upon those bond, will be turned
loose,— the whole machinery of your
school system stopped, without one dol-
lar to keep it in motion, unless you en-
croach upon the principals Then wewilf
have to seek another manner of investing
our school fund, or your school system
will come to an end. Under the necessi"
ty of an immediate investment, you may
make a heedless one; for stock-jobbers
will beset you, speculators will hang about
you for a loan of the money-^-vou will
feel that you must invest it in some man-
ner without delay, and there will be ma-
ny chances against your loaning it with
the proper security.
You may avoid, for the present, the
policy of loaning the school fund to rail-
road companies, but the time will come
when it will be the only way that you cratf
invest it. You will have to invest it up-
on railroad security, or invest it in other
States; and even then it would have to
be invested upon railroad security, for in
other States they do not borrow money
for any other purpose. Then, if that
will be"the only safe way of investing the'
school fund upon the expiration of the*
time that the United States bonds have*
to run, why should gentlemen be afraid
of making the investment now? Would
gentlemen advocate the policy of lending
to foreign railroad companies instead of
our own? Is there one so bold as to say
that he would take the money and loan
it to foreign companies—that he would
take it abroad instead of investing it at
home? If a man thinks he could live in
a political atmosphere of that kind, he is
very much mistaken as regards the wishes
of the people of Texas,
I am aware that I have wandered from
the legitimate question before this body,
but it has been because the gentleman
from Galveston (Mr. Potter) had touched
upon this matter further than I had done
in the few romarks which I made once
before upon this floor. I hope the amend-
ment will not be adopted. Let us reflect
on what will be the effect of the policy of
holding on to those alternate sections for
the present, but to be eventually sold, say
perhaps at one dollar per acre, and of the
fund it will place at our disposal. Let
us provide that the amount of the proceeds
of such sale shall be added to the school
fund to be loaned upon railroad security?
thus, while we invest our school fund se-
curely, we will be fostering works for the
development of our resources. I do not
ask this Legislature to pursue an untrod-
den path, but a path which is like that
pursued by some other States of the
Union. I have no complaint to make of
the views held by the gentleman from Gal-
: veston in regard to the I nited States
! bonds, but 1 know that the gentleman's
{ constituency believe that all of the means
j of the State should be used under proper
restrictions to aid in the construction oí
railroads, and if he were to advocate that
policy, he would but advoeatc the views
of his constituency.
«,. —j—
Erie, Penn., has ik? only cus*
tomhousc erected by the United States
Government on our northern lake fre&^
♦i*r. Tt fost £29.000.
A
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 25, Ed. 1 Tuesday, January 10, 1854, newspaper, January 10, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181787/m1/1/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.