The Tri-Weekly Times. (Austin, Tex.), Vol. 1, No. 3, Ed. 1 Wednesday, July 23, 1856 Page: 1 of 4
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TIMES
SERIES.
CITY OF AUSTIN, JULY 23, 1856.
YOL. 1, NO. 8.
ÉÜÉ
DEBATES IN THE SENATE.
¿im?
W. TftlíEBLO . Reporter,
SENATE.
Saturday, July 11,1856.
Tbé Té'goi^tiofl providing for a distri-
bution of the School fund to the several
counties of the State being before the
Senate,
k Mí.FLANAGAN arose and said—
I notice on yesterday, sir, that I
making some remarks upon the
lnow pending Before the Sen-
ínce that time I have hesitated
r, whether or not I should do so;
due reflection, I am inclined to
iriy first love and make a few
aa The reasons prompting me
numerous ; and upon this
gratified to see there are
^ ■ over us, and therefore it
will Wto ¡Ore pleasant than usual. I do
not prdp(Me to extend my remarks to any
bat
occasi
cío
great le D
I wafer to
call the attention of the
Senate toHhe fact that there are 123
members composing the present legisla-
iature, and there are' perhays as many
different pinions entertained upon the
one all-important subject of internal im-
provements. What does this state of
things teach us ? To ine it argues, not
that they are all in error or insincere ;
bj no means, sir. I take the broad prin-
ciple, sir, that each and every one of
them come up here, honestly and faith-
fully representing the wishes of their
constituency upon this vitar question.—
They represent a broad territory, such
a one iar cannot be boasted of by any
other state. Their interests are many
and various, and many and various as
they are, they must all agree upon one
grand object—some plan by which facili-
ties for transportation can be attained.
Pla
of our constitution. It would be entirely
competent for such a convention to
change this feature of the constitution ;
then, sir, we could appropriate the fund
now in our treasury, to the building of
railroads. I desire sir, to cast no reflec-
tion on the honorable gentlemen who
framed the constitution of our state.—
They performed a noble work! But there
were clouds hanging over our young state.
at that time, which have happily been
dispelled from our political horizon; and
¿hfrt provision of our constitution which
was then proper and just, in the rapid
improvement of our country, has become
ine^edie^t and improper. The proper
of our state demands that
'asystem of internal improvements should
be adopted; and to do this, the funds of
the state must be applied for that parti-
cular object. I think sir, there is scarcely
an intelligent citizen of this state, who is
familiar with the repeated attempts that
have been made, and are now being
made to alter or amend the constitution,
who does not see the almost imperative
necessity of some amendments being
made. There is scarcely a state in this
union, that has not found it necessary to
revise its state constitution; and it has
been found to work well for the best inte-
rest of the state in every instance, with-
out a single exception. Then how much
more is it necessary for the proud and
noble State of Texas, possessing a large
amount of funds in the treasury, with a
public domain surpassing in richness of
soil and mineral resources, every other
state in the union ; how much necessity
there is for our own state to embark in a
general system of internal improvement,
we must know. I am distinctly in favor
of amendments of this kind being made.
The constitution provides that in no case
shall more than one hundred thousand
dollars be drawn from the Treasury,
except to repel invasion or to suppress
insurrection. Why sir, there are gentle-
men in this state, who are able to use a
capital of that amount.
if all adhere to their original
fe perfectly clear nothing satis-
' cáh be done. Something must
ifr* spirit of compromise, and I
something will be done ; Qar yast public domain of one hundred
be done. The peopielmillion acres, together "With the four mil-
expect it, and even if the better policy is
not adopted, it is certainly better that
something secondary in point of utility
should be chosen. There are many pro-
positions now before the people. The
"loan bill" has already passed this body;
it is well known what its provisions are,
and I need not stop here to recapitulate
them. True sir, 1 did vote for that bill;
I was induced to do it in the spirit I have
intimated — a spirit of compromise.—
There are, however, some features in the
resolution now pending before the Senate,
whi«h I unhesitatingly approve; and I
hope it will be re-considered, whether
acted upon directly or not. Education!
The word education can scarcely be lost
sight of in the moat trivial bill introduced
in this senate. Undue importance is
attached to this subject; and why ? It
is because we are driven to this necessity
by the constitution of our state, which
provides that no appropriations shall be
made for internal improvement purposes,
for a period of longer than two years.
And the paramount object is, to avail
ourselves of the funds of the state to
construct railroads, although it has di-
rectly been appropriated to educational
purposes. For a time sir, I was indis-
posed to cast my vote thus to appropriate
this fund; but after an amendment was
made to the bill, it occurred to me that I
oould not do better than to support this
measure. I do not regret that I have
done so, though I declared at the time
what I believe was the real object of this
appropriation. I am willing to support
any measure that will secure the construc-
tion of railroads in any part of tho state,
however remote it may be from my own
particular district. Then sir, I am to the
furthest extent, a railroad man. But,
here are some stubborn facts to be consi-
dered ; I have already adverted to the
fact, the constitution of the state requires
that no appropriation shall be made for
a longer period than two years, except
for educational purposes ; thereby impo-
sing upon the legislature the necessity of
appropriating the money first to educa-
tional objects, before it can be reached
for internal improvement purposes. I
for one sir, do not hesitate to declare
myself in favor of calling a convention
to take into consideration the propriety
of changing these objectionable features
/ o
lions more in the treasury, would be suffi-
cient, if properly made use of, to build
up and sustain an extensive system of
internal improvements; but circumscribed
as it is, by the state constitution, no one
can have any reliable assurance that it will
be judiciously expended in aiding the
construction of railroads. We may re-
ceive a vast fund from the sale of our
public lands. It will pass into the vault
of the treasury, but once there, it cannot
be touched, except for " educational pur-
poses." Now in good faith I would ask
you, where is the gentleman who will say,
when he looks to the building of railroads
in the east, the west, north or south,who
does not wish aid—yes state aid—and
when it is asked, you go not directly to
the state. No sir, you present your appli-
cation and security at the back door.—
You must first strike at ¿he door of
" education," before you can approach
this fund either directly or indirectly. It
does seem to me sir, this state of things
eannot be tolerated. If the question
was submitted to the people to-day, con-
vention^ no convention, I believe sir,
they would say this thing of changing
our state constitution is a delicate sub-
ject, and it should be very maturely
considered before any action is had. And
when this question would be canvassed
by the honest yeomanry of the land, they
would enquire, who are to make these
changes ? Why there is General Rusk,
General Houston, and our fellow-senator
from Grimes (Mr. Grimes), who labored to
frame the present constitution of our
state.
Mr. GRIMES (interrupting)—There
are not many of them now living.
Mr. FLANAGAN: No sir, there are
not so many of them now, for some, I
trust, have gone home to glory. And
besides these old and well-tried patriots,
many bright stars and promising lights
have risen up, who arc well prepared to
engage in the work of revision; and I
believe, with the experience of the past,
the increased intelligence and wisdom
that might be brought together in a con-
vention of this kind, an unobjectionable
constitution might be obtained, just such
a one as our circumstances demand. I
don't think the arguments presented in
favor of this convention, can be success-
fully refuted or gainsaid; and I prophesy
here, the day Is not distant when the
people, the sovereigns of the land, will
demand a convention of this kind; Aye,
I think if our governor had only remained
firm to the principles and policy he at
first laid down, ere this they would have
demanded the holding of a convention
to change our constitution. It will be
recollected the Executive, about twelve
months since, wrote a letter upon the
subject of state policy, which by the way
has many friends. I thought sir, there
was the. .dawning of a call for ,9. state
convention ; in my own county, I am
satisfied such a call will be made, and at
no distant period. At the time of writ-
ing this letter, I was an ardent advocate
of the state plan, but not to the extent
recommended in that letter. As to the
Governor, I am unable to tell what posi-
tion he does take on this subject now, as
he is for and against it from his second
exposition. Sufficient it is to say, that
I go so far as to be in favor of calling a
convention, and a modification of our
existing constitution, so that the funds in
the treasury may be applied to the build-
ing of railroads. And ihen with a
constitution thus amended, and an over-
flowing treasury, together with a public
domain of one hundred million acres, to
base our operations upon, we have the
means to carry on a system of railroads
more magnificent and grand in construc-
tion, than has ever been conceived or
carried into practical operation by the
genius of man. The state will be ena-
bled to make advantageous loans, by
mortgaging her public lands; and by sec-
tionizing this domain and bringing it into
the market, she will be able to anticipate
her liabilities, and to offer a premium for
her indebtedness — making her credit
abroad as good as that of the General
Government. She has already paid off
her revolutionary debt, in a manner more
honorable than the United States govern-
ment paid off her revolutionary debt,
and thereby securing the reputation of
being an honorable, state-debt-paying
people. With this fond prospect before
us, is it not apparent what great advan-
tages may be realised by the state at
large, if our constitution is amended, so
as to make the funds of the state avail-
able.
It will be recollected by every member
of the Senate, that during the session of
1851-2 there was a gentleman from the
city of New Orleans, looking at Texai
lands, with a view to having a charter
passed by our state legislature, providing
for the constrction of a railroad from
New Orleans to El Paso and to the Paci-
fic ocean. Now what are the facts in
relation to the State of Louisiana ? She
was similarly situated to the State of
Texas; she had a constitution like ours,
which did not authorize the use of the
public fund for the purposes of internal
improvement. They said, however, they
would change this clause in their consti-
tution. They did so, and what have been
the gratifying conseqences to the citizens
of Louisiana ? They are building a road
running up to the borders of our state,
and we hope it will be completed at an
early day. At the time of changing the
constitution of Louisiana, an appropria-
tion of ^750,000 was made for the build-
ing of the Yicksburg to Shreveport road,
on our eastern bolder. A large amount
was subscribed by individuals, and re-
cently Congress donated six sections of
land to the mile, for the benefit of that
road. Therefore, this road is no longer
a matter of speculation; it will soon be
i completed, and it is being continued into
I our own state to the town of Marshall,
! in Harrison county. There sir, they
I have the means to build the road, and the
capitalists to back them. The United
States government has nobly responded
to iheir call, and the road has become a
fixed fact—a reality.
Then, what has Texas been doing to
facilitate the construction of Railroads?
Is it required that she should remain si-
lent and inactive, and to be denied the
1 right to make use of her public domain
! in the construction of facilities for trans-
j portation ? Shall we appropriate over
I one hundred millions of public domain to
j railroad corporations, and receive no
benefit from such an appropriation?—
And by the way, I will remark, I am
not disposed to condemn that policy. I
speak fearlessly on this subject, and in
fnlluro in sopnro thn mnst favorable
plan, I am ready to vote for a secondary
one, rather than fail to settle upon a plan
by which we can secure the objects so
much desired. But let us call a conven-
tion, amend our State constitution, as
Louisiana has done, and I am confident
we shall soon see an efficient system of
internal improvements, determined upon.
It may be said, sir, the population of the
State is meagre, that we are not-suffi-
cient in numerical strength, to undertake
a system of this kind. Let us look to
the fgctsof the casev and compare, the
vote of our own State with that of Lou-
isiana, and we will find that Texas feeble
as she is, casts a larger vote than does
the State of Louisiana, even with the
city of New Orleans, the greatest city of
the South. Then, sir, are we called
upon to build up Louisiana and the proud
city of the South, to the prejudice of our
own State, because we have not sufficient
confidence in ourselves, to call a conven-
tion and amend our constitution ? Most
certainly not, and I believe when this
question is submitted to the people to be
determined at the ballot-box, they will
demand this amendment in our constitu-
tion.
But to come back to the resolution.—
What does it propose ? It proposes to
appropriate the School fund now in the
Treasury to the several counties accord-
ing to free white population, then it is to
be loaned to railroad companies, and se-
cured by mortgage on real estate. Then
here comes the objectionable feature in
the resolution; it is to be appropriated
to educational purposes, and whatever
temporary disposition is made of it, must
be to subserve these purposes. An ex-
amination of the premises, will lead us to
see whether this disposition of this fund
is proper and necessary. I hold it is not.
We have a precedent of high authority,
in the action of the General Government.
I think in 1836, the Congress of the
United States, the Representatives of the
various States of the Union, just as we
ropresent the several counties of the
State, come to the conclusion, to make a
distribution of tLe..funds'of the United
States Treasury, among the several States
of the Union. They found in the Treas
ury, millions of dollars more than was
necessary to meet the liabilities of the
Government. A bill was introduced into
Congress for this purpose. The subject
may be illustrated by a figure of this
kind. A fond parent having many fond
sons and daughters, if you please, as
Uncle Sam has about thirty, I think.—
They are young and prosperous, having
a mighty fortune of lands and money.
The fond parent living in their midst and
cherishing for each and all, the fondest
affection, they petition their loved father
for a slight distribution of his vast abun-
dance—you have a superabundance your
revenue is ample. Well Uncle Sam
heard their petition as he always does,
with patience and forbearance, and after
looking into it, found there was merit in
the proposition and he accorded it to
them. The division was accordingly
made, and that son or daughter must
I have been prodigal indeed, who could not
j prosper under so lavish a parental affec-
tion, and I have never known any injury
or evil to grow out of that distribution of
the national treasury. Then. sir.
which arises here, is, to whom does the
public fund of the State belong ? It be-
longs to the sovereigns, the people, to be
applied to educational purposes; then,
sir, if you have any doubts as io the dis-
position of this money, can you better
acquit yourselves, than to return it to
those to whom it belongs. Then what
further can be said on this subject? It
may be said that I am visionary; well
let it be so, for me, I can say there is
substantial utility in the proposition. I
sar josieli ,pf cloth can be woven from the
consideration of this' argument. The
money in accordance with'this resolution,
can be properly guarded by the various
counties of the State. It will be recol-
lected, that a bill is now pending before
the Legislature, to authorize the counties
of the State to vote a tax for the purpose
of building railroads. Very well, if they
see proper, they can vote that tax, and
if they do so, they cannot object at all
to the onerous operation of the law, be-
cause it is their own act. This is the
filling of the web which I am about to
weave. Well what is next? It is very
well known there is a law already in ex-
istence, to give corporate companies six-
teen sections of land to the mile; now one
thread is the private division under this res-
olution; one thread is the county tax; one
thread is the sixteen sections of land to
the mile; one thread private subscription;
and then there is the fifth thread, which
would be sufficient of itself, and that is,
capitalists will be ready to make loans
to these corporate companies whenever
the demand is made upon them, for they
are far seeing men, men of superior intel-
ligence, and indeed, capital never remains
long with any other kind of men. When
you come to a capitalist and say, sir, here
are chances to.pay, we have got a charter
authorizing and granting to our corpora-
tion to construct this road, we have a,
donation from the State Legislature of
sixteen sections to the mile, and the loan
of the school fund. Why, sir, he would
grasp at the prospect with delight, and
exclaim "how much do you want?"—
There would be no difficulty in making a.
loan, and upon the most advantageous
terms. Gentlemen may say this is all
visionary. Be it so, it is not visionary
to my mind. Then, I propose this mighty
web, you see I have woven one yard of
it in this grand enterprise. A road it
already chartered from Yicksburg to
the State line, and is rapidly being con-
structed—by liberal State aid from Lou-
isiana, capitalists, and the general gov-
ernment, by a donation of six sections of
land to the mile, then, sir, this is a fixed
fact, this road will be built, nay, sir, they
are likely to push it forward to Marshall
in Harrison county, and thence on to the
Pacific—and sir I can take the amount
that Rusk county will receive under this
resolution, the sixteen sections, the county
tax, private subscriptions, and a loan for
the balance and ask no odds in positively
building a road from Henderson to the
State line, on our eastern border, cither
in Harrison county, 01* in Panola, to suit
either contingency—to intersect with the
Yicksburg or the Oppelousas road; well
it cannot be misunderstood, this plan of
weaving will do, for these corporation?
will not at any time require large loan?.
and there will he no ennstitntinn*.! h«r.
, tioñ. Uncle Sam has not suffered any
'[ injury from his liberal distribution of his
j fund among the several States of the
j Union; but on the contrary, he has ac-
; quired millions upon millions of acres of
1 public domain. Look to the golden
j shores of California, how came the Gen-
! eral Government in possession of them?
j True, we came in possession of them by
right of conquest, but we had, at the
; same time, millions of dollars in the
j Treasury, with which to have purchased
j tliis golden world. He has been con-
¡ stantly acquiring territory, and paying
' out her millions of dollars for it. He
paid over to our own State of Texas, ten
millions of dollars for territory within the
border of our State, agreeably to the let-
ter of the contract. Then, sir, when we
thus illustrate the resolution before us, it
does not seem so visionary. We have
the highest authority in the Union, for
the course we are about to pursue in the
distribution of this fund, in the action of
the General Government—a government
which does not have a superior on the
face of the globe. Then the question
v. j - 7 J - — ~ wv k/UJ
may I ask on the other side of the ques- riers, as is found in the State proposition.
7 I#.
and if in the uniting and succeeding of
some few counties, the policy is demon-
strated ; then, sir, my word for it, all the
counties of the State, can go on and
weave one mighty web that will cover the
whole State—we could begin another, or
one of the first webs at Galveston, and
try and make cf her a great .city in our
own State. I will give my vote most
cordially for that object. I shall ever
take pleasure to vote for sustaining a
proud commercial city in the State of
Texas, sooner than any where else. My
whole heart is enlisted with the iutcrests
of the State of Texas. I can say as much
for the distinguished Senator from Hous-
ton, (Mr. Palmer.) l am now merely
throwing out some general remarks on
these subjects, upon the collateral ques-
tions that come more or less into the
consideration of the subjects embraced in
the resoulution. It is expected, Mr.
President, th#t the present Le gislature
►will determine finally upon some plan of
State policy, in regard to the subjoct of
internal improvements. What plan i«
the best, should be the interrogator? of
¿4
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The Tri-Weekly Times. (Austin, Tex.), Vol. 1, No. 3, Ed. 1 Wednesday, July 23, 1856, newspaper, July 23, 1856; (https://texashistory.unt.edu/ark:/67531/metapth181796/m1/1/?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.