The Belton Weekly Journal (Belton, Tex.), Vol. 4, No. 23, Ed. 1 Saturday, May 28, 1870 Page: 1 of 4
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JOURNAL.
*F. XX. DAVENPORT, Proprietor. ]
DEVOTED TO THE INTEREST OF THE SECTION I\ WHICH IT IS PUBLISHED.
[Tonus: 0>'e DOLLAR PKU ANNU3L
TOL. IV.
BELTON, BELL COUNTY, TEXAS, SATURDAY, MAY 28, 1870.
No. 23.
BELTON JOURNAL
. * IS PUBLISHED
leal>Wcckl]rand Weekly
AT BELTON, TEXAS.-
jyf The Semi-Weekly Journal is
isstied every Wednesday and Saturday
at #8 SO per annum in advance.
"The
s WCKkly Journal is issacd
every Saturday, at One DoHai per
annum in advance.
Rata* of Adverttwing.
SHn-WKEEKT.
3 mos. 6 mos. 1 year.
One Inch $ 5.00 $10.00 $15.00
Quarter Col'mn 15.00 30.00 35.00
Half Column.. 25.00 40.00 75*00
One Column... 75.00 90.00 125.00
■weekly.
S mos. 6 mos. 1 vear
One Inch $ 6.00 $10.00 $15.00
Quarter Col'nrn 15.00 95.00 40.00
Half Column.. 25.00 40.00 75.00
One Column... 75.00 100.00 150.00
fW Liberal deductions made when
advertisements are inserted in both
Wbkkly and Semi-Weekly.
HT Transient advertisements will
be charged at the rate of $1 per inch
for the the first, and fifty cents for each
subsequent Insertibn. ■'* 1 1
gT Legal advertisements charged
tea cents per line, currency, for each
insertion.
E-BT- Editorial, or Special Notices,
charged fifteen cents per line for each
insertion.
AGENTS.
Heary Harris, Ha>rris*ille, Texas
John T. Eubank Salado, Tetatt
8 Field, Gatesville, Texas
Qua. Ditto, Cameron, Texas
John W. Ail en.. • Calvert. Tesa
R. T. Elliott Da villa. Texas
Q. W. Lyoll Moffuttown. Texas
Dr M- J. Scott, Lampasas. Texii--
PROFESSIONAL,.
W. W. KATASACOH, M. d. j. w. hed-
K. D. R. B. KAVAXAUGD M. D.
Qpdion Sl Kavanaughs,
PBISICI.WS & SURGEONS,
BELTON, TEXAS.
Office at the Store of John Q.Allen
& Co. (aprl3w&swtf.)
Dr. P. H. TVTAT.T.ORY,
PHYSICIAN AND SURGEON,
BELTON, TEXAS.
Office at the Drug Store of Miller,
Chamberlin & Co. (ap 9'70sw&wlj.
Dr. H. J. SCOTT,
Phyidclan and Surgeon,
LAMPASAS, TEXAS.
myl4w&swtt
DR. J. W. EMBREE
«xraiTii*ifKS ma" practice of his pro
fession, and respectfully tenders bis ser-
vices to the people of Bell county.
Office at the Drug Store of Enibree <k
Miller 1:40
M- Martin,
Attaricjr * Counselor at Law,
4-9-y LAMPASAS, TEXAS.
Attorney at Law & Land Agent
BELTON, TEXAS.
jan22'70:52:ly
DBICTAT. gSji NOTICE.
JT. .J. GREGORY,
DENTIST,
SALADO, BELL COUNTY, TEXAS.
HAVING permanently located afSa-
latlo, offers his Professional services
to the citizens of Bell and adjoining
Counties. All Dental operations per-
formed in accordance with the latest and
most approved method. 52-Gm.
DR. n. 2M. CURTIS
WILL continue the practice of Medi-
cine at Moffcttown, and tenders
bis professional services to the citizens
of Bell and Coryell counties. 1-ly
J. K. BRAWN EH,
Attorney at Law A Land Agent
Bolton, Bell County, Texas,
References—flint & chamber
lin. Bankers, Waco, Texas: Balk
Hutchins & Co., Bankers, Galveston.
Texas; C. R Johns & Co., Austin, Tex-
as; Swenion. Perkins A Co., New 1 orft
Sty • Miller, Chamberlin & Co.. Belton,
Teai. decJS^ly
. A- D-McCinnis... Wm Lowr\
p*McGINNiii & LO WRY, ; L
A ttomeys & Cou nsetors a t Lav,
BELTON, TEXAS
Will practice in various Courts of
BkII aad the all.joining c*nn ties,
and in troSvpreme and Federal Courts
Hr 8e8*fi^-.t4t-f
w. . X t-arland. X. B. Saunders
McFARLAND a SAUNDER.
Attorney* & Counselors at Lair,
Belton, Texas,
PRACTICE in the District Courts ni
Bell and surrounding coMrtes.
and la tiaSupreme and Federal Courts
at Austin. 2:10:1 y
" ft. mcilhexky,
A"? !LAW
and CotUeting Agent,
rXTON. BkiJ. Co- Tkxas. Pn mpt
attention to all buainesa^nfiden
V . T. Ruckkk, emrregmr.
LEACH, HOLM AN & RUCKER.
JAS H. MILLER,
ilWtT " I*"
Jattf- Ta*a --~
iaay*«
HOTEL,
AjoodLHaT7«abT«\
(Its Hotel.
B"i
to me
Bdl Coanty. gjfrg
EDUCATIONAL.
The Belton Academy.
Next Session Commences
February «8th, 1870.
THIS Institution is now insucccssful
opggUiun, with nearly
dw HMiNd Studenia.
This number is encrensing almost daily,
and we feel assured that the good people
pf this pleasant town will not relax their
efforts on the subject of education until
their ' highest hope sarc realized.
TUITION
Per month from $2 to $5. MUSIC
(where Piano is furnished for practice
and lessons) per month JO. Pupils fur-
nishing their own Pianoes for practice
will receive a credit of $1 per month.
ROAROING
Can be had in the best families fo.' *10
per month, washing exclusive.
Letters addressed to the Principal, or
any of the Board of Trustees of the
Academy, will receive prompt attention.
We feel no hesitancy in saying that
the Institution, conducted by the present
Faculty, is as good as any in the South-
ern States. The Faculty has been en-
gaged for many years in the education ot-
youth and is iuHy persuaded that anv
and all who patronize the BELTON
ACADEMY will be fully satisfied.
J. O. CHURCH, Principal.
Belton, Jan. 29,1879. ltf
Owl Creek High School
fok
Young Ladies and Gentlemen.
THE exercises of this School were
commenced on Monday, January
24th, and will terminate on Friday, June
17th. The second session will begin
Monday, June 20th and end Friday,
November 18th, 1870.
TERMS:
Spelling, Reading, Writing. English
Grammar, Geography, and Arith-
metic, per month ,.. . ... .... .$2.00
History, University Arithmetic, Al-
gebra, Composition, Philosophy,
and Chemistry, per month $3.00
Higher branches of Mathematics
and Latin, per month... « 4.00
Payable at the end of each Semi-Annual
8r*si'*n in Spttie.
Board can be obtained in private fam-
ilies at $10 per month.
Text Books.—Reading, Watson's In-
dependent Headers ; Grammar, Clark's;
Geography,. Monticth's apd McNally's;
Mathematics, Davies'; Natural Philoso-
phy and Chemistry, Steel's.
FAcm.TT —JAMES B. ALLEN, Miss
BRKTIE BEEMAN.
Mathematics is as thoroughly taught
in this School as in any institution in this
State. Surveying is taught with the ut-
most care. The students are required to
master the theory in the recitation room
at the blackboard ; they are then taken
into the field, the proper instruments
placed in their hands, and they are
taught to use them.
By permission of that distinguished
author, Charles Davies, L.L.D., we insert
the following card:
Fishkill-on-thb-Hcdson, N. Y., )
April 10,1869. f
I know Mr. JAMES B. ALLEN, ot
Aiken, Texas, only as a correspondent
and am indebted to him for several valu-
able suggestions in regard to my course
of Mathematics which he has ccrtainlv
read critically and understands fully. "I
cannot dodbt, from his letters, that he is
an able teacher in that department, and
hope that he is equally well qualified to
give instruction in the other departments
of education.
(Signed,) CHARLES DAVIES.
Address,
aprSVOwtf
phy i
Tl!
J. B. ALLEN,
Aiken, Texas.
ROCK CHURCH
HIGH SCHOOL,
for
YoungLadiesand Gentlemen,
Situated three miles North-East
of Belton.
THE exercises of this School was re-
sumed on Monday, January 10, 1870.
The Scholastic year will be divided into
two terms. The first will consist ot
Twenty-Four Weeks and the latter of
Sixteen weeks. The conrse of instruc-
tion will be thorough and practical.
Even' effort will be used to make this
School equal to the best in the countiy.
Competant assistance secured if required.
Studies pursued at the option of parents
and guardians.
Firts Class—Orthography, Reading,
Writing and Mental Arithmetic.
Second Class—Arithmetic, Geogra-
and English Grennnar.
iiird Class—Algebra, Geometry,
Latin and Greek.
Terms—$2 per Month.
Tuition positively required at the ex-
piration of each quarter of ten- weeks.
, rer For further particulars enqnire ot
the undersigned, near the School.
JOHN II. SNELL1NGS,
jan'M**"0-'*f Principal.
3Am AXLLASEO US.
A E. EVERETT'S
NEW STORE
H ARRIS VILLE,
CONTAINS every description of Mer-
chandise usually kept in a coun-
try store, which will lie Bold as low as
can lie boil lit in Bell county.
Goods given in exchange for Hides
Brfrtef, " '
Everything sold as represented.
A. E. EVERETT,
Harrutville, Bell County,
wA-3m Texas.
D. M c C O W A N,
PLASTERER,
Belton..: Texas,
Is prepared to do all kinds of plain and
ornamental PLASTERING. Cisterns
cemented and ccllera concreted. I can
piaster a trame house cheaper thau it
cku be sealed. Satisfaction guaranteed,
apnfilvrtf D. McCOW AN.
STOVES! STOV ES!
AT ROBERTSON'S
Tin Shop!!
■*11 and examine them, and von will
sod theni THE BEST and CAEAPEST
* market. , -
f also keep on hand a large stock of
WARE, made especially for this
THE MILITIA RILL.
We give place, in other columns of this
issue, to the full minority report of the
Senate Committee on the Militia Bill.
We hope that everybody will take the
trouble, if it is not a pleasure, to read the
report carefully, as it will be of great in-
formation to them in regard to the man-
ner in which our Executive wishes to
control the affairs of this State.
The bill has passed the House of Re-
presentatives and now goes to the Senate.
It may not be considered a matter of any
particular astonishment that a selfish of-
ficial of this generation should ask in be-
half o< himself the power to institute ab-
solute despotism, but it does seem that a
Legislative body could not be composed
of a majority who would grant snch ex-
traordinary power to one man, and Btill
persist in saying that we live in a Republi-
Jin Government.
B^ranting such unlimited powers to
Governor- Davis, every clause of the Con-
stitution is violated, every sentiment of
Republicanism ignored, every sentiment
of justice completely and perfectly disre-
garded. The grandest Autocrat of the
Universe would not be vested with such
power. Military despotism, in point of
wrong, would be only a force to this out-
rageous usurpation of power. And how
docs this come? It comes under the
guise of restoring to our people the rights
of civil government. Itdisplaces thcsol-
diers of the United States for the govern-
ment of an ignorant militia, whose chief
has the power of a despot. Can they
trust him who have the power to make
the laws for this despotism ? Can they
trust any man with such unlimited
powers ?
We trust and pray that the Senate is
wise and honest enough to see the
wrong of this Militia Bill and to
Give its a good general militia law, and
we will not raise our voices against it.
Do not, we beseech yon, regard every
man in Texas as an outlaw and a cut-
throat. Is the main body of our people
to be thus classed ? Arc we all despera-
does ? And is there no one to sustain
the law but the ignorant negro ? This
idea is all wrong, and every one of yon
Senators are aware of it. It would, in-
deed, be a most deplorable state of affairs
should it be so. How could the loyal mi-
litia then preserve order in this State ?
There are numbers of citizcns disfran-
chised who would struggle to sustain
civil law, but who will lend no aid to
despotism. Why thus accuse us, when
the fact is too patent to be mistaken that.
the lawless are but*r^ma]l band in onf1
community and t'^T "ens en masse aw
opposed to themjE!j->,orlil a*flf political
opinions?
How absurd tly jvv-«sage of this law
would be in conneq < n with reconstruc-
tion and the establialftnent of civil courts.
Upon the wisdom and honesty of the
Senate we rely to avert the calamity. It
would be a calamity, whether the law
remains inoperative or not.
To know that we arc living under a
Governor who has all the power of a
monarch is enough almost to subdue the
love and veneration we have ever cher-
ished for Republican institutions.
GIVE AND TAKE.
Well regulated communities are, of
course, always desirable, but in tnany
instances it is a matter of some diffi-
culty to keep up even good general
rules to effect this purpose. The main
study of each member of society to.
bring about and sustain such happy
results as always spring iron such
communities, should be the study of
human nature, the different castes of
mind, which are almost as diversified
as the countenances of the face. We
say, sometimes, that neighbor so-and-
so has some peculiarities which I do
not like, and, therefore. I will have
nothing to do with him or her. Let
us remember at the same time that
neighbor somebody else has the same
opinion of us. and that a general feel-
ing of the kind might prevail through-
out the entire neighborhood; there-
fore we conclude it best to stand
alone,—neighbor with nobody, and
ultimately become selfish and misan-
thropic, and- forget the real pleasures
of socftty which our early boyhood, if
nothing else, taught us are essential to
the happinestf of man.
We must give and take, we must in
some measure, without compromising
honor or honesty, temper our feelings
to one another so as to effect an equi-
librium in our social circles. By thus
studying the character of one and an-
other, and choking down whatever
prejudice we entertain, we can always
have peace and prosperity among us.
Churches and school houses will
spring up without dissension, compe-
tent instructors can be always retained,
and thqs meet the ultimate designs of
Providence.
By so doing, we compromise no
principle whatever, nor dignity of
character, but only exercise a little com.
mon sense and charity. Let us give
and take a little in this way. where
there should never be any dissension,
and see if. the. result will not be good.
Matt Gaines, the nigger Senator
from Washington county, in a recent
spcech in the great Texas white (and
black) House, said that he had been
told that rebels were only waiting for
the soldiers to lie removed from the
State, and then they would take away
thehorse, the six-shooter and all that
it his'n from the black man, and that
he wanted the Legislature to arm his
colored brethren (they all have now
about two six-shooters each) to protect
themselves. Don't you know Tracy
tnld him <1 3t ?
RADICAL REPORTS.
If the people outside of Texas will be-
lieve all the infamous reports of lawless-
ness and crime which the Radical papers
of the State publish, they certainly will
not emigrate in this direction.
There are a few papers of that class
among us, feeding, upon short rations,
who pretend to speak for the mass of our
people, and ot the mass they speak as
nothing better than wholesale murderers.
They arc endeavoring to sustain their
party by crying persecution and enacting
despotic laws to keep it in power by
force. That is the whole sum and sub-
stance of the matter. The people of
Texas in the last election could have de.
feated the party by a large majority, h:u!
they gone to the polls. Had the full vote
of. this county been polled, Hamilton
would have been elected.
But these people are not going to be
always careless in this matter. Should
these extreme measures be passed by tin-
Legislature, it will arouse them from
their lethargy, and the next election will
show us the force against that party.
And the majority will be too large to ad-
mit of any contest whatever. The grca'
hurrah about crime and the bayonet will
not always give you the majority. W<
know too well what the people can and
will accomplish at the polls, if we ar<-
thus continually to wear the yoke merely
to keep a political party in power. To
those of other States, we would say tlwt
you will not find us all cut-throats, and
that thousands of good men are con-
stantly coming into our State and travel-
ing through, who express themselves
pleased with the land and people.
A FAiiCE.
' They are making considerable noise
in Congress and lesser places about the
removal of disabilities. There are
now in the South more men who have
no disabilities and exercise no abilites
than there are of those who own them.
To us, it appears that a general re-
moval of disabilities would be right
and proper, but we cannot see why
there are exceptions made in certain
cases, unless the party interested agrees*
to henceforth and foreseetBsupport the
party now in power in the Unite.
States. That, it is true, is a party
measure, and unjust and dishonorable,
but, yet, we can see it in that way.
If our sins, as a rebel, are commen-
surate with those of our neighbor, why
arc we more entitled to the privileges
of a citizen than he} We toolp^the
amnesty oath, and have kept it ifi good
\ faith. /
We say it is a farce, the way the
thing has-been and is now being man-
aged. And we would say further-
more, that we are needing something
in this country more than enfranchise-
ment. 1
However degrading it may be to a
man's feelings to be deprived of the
privileges of a citizen, it is much worse
to be deprive^ of wholesome laws for
the conduct of our State and county
affairs.
EMPIRE OF CHIVALRY.
We gave our readers an article un-
der the above head not long ago, and
declared that Texas was destined to
be the Empire of Chivalry in the Uni-
ted States.
We are inclined now to draw in our
sign for a year or so, if the Texas Sen-
ate does not put its heel upon that de-
spotic militia bill and crush it as it
would an adder.
But we still stick to our assertion of
Chivalry after awhile. We know who
will move to Texas, and «'e know tliey
will be of the chivalry of the country.
With those already here, who are
termed desperadoes by the Radical
party, we certainly will have a State
filled with the best citizcns of the Uni-
ted States.
Good Southern men are not afraid*
to come here, nor are good Northern
men of intelligence, because they
know that the State is slandered when
all our best citizens are called cut-
throats and robbers. We invite alj
good citizens to come who will come
and have the good of the State at
heart, no^eeking spoils. To no other
class do we extend the invitation,
come from where you may.
Our "Empire of Chivalry" with
the prospective Legislation will, for a
while, be an Absolute Monarchy.
It is gratifying to read the reports of
the Houston press of the success of the
State Fair. The crowds in attendance
were immense, and the most general
spirit of approbation seems to have
prevailed. It has, no doubt, surpassed
the expectations pf every one, and
guaranteed an annual repetition of eo
useful and interesting an affair. County
organizations should be perfected to
increase the interest and general good,
which certainly belongs to the State
organization.
The champion prize-fighter Mace,
who whipped Allen near New Orleans,
a short time ago, has since received
several challenges, but declines them
all. and says that, after twenty years*
fighting and twenty-two "mills," he
retires from the "ring." Seems to think
he has graduated, and .says that none
but cowards will hereafter banter
him.
Bishop Wigbtman has been elected
by the Methodist General Conference,
now In session at Memphis, Tens., to
writ? the life of Bishcp f")t:l«>.
TIIE MILITIA BILL.
THE MAJORITY AND MINORITY
REPORTS.
majority report.
Committee Room, [
Austin, May 18, 1870. f
To the Hon. Don Campbell,
President of the Senate:
Your Committee on Militia, to whom
has been referred Senate bill No. 33,
entitled "An act to provide for the
enrollment of the militia, the organi
zation and discipline of the State
Guards, and for the public defense,"
have duly considered the same and
recommend its passage.
THEODORE HERTZBERG,
Chairman.
minority report.
Committee Room, )
Austin, Texas, May 18, 1870. J
To the Hon. Don Campbell.
President of the Senate:
The undersigned, members of the
Committee on Militia, cannot agree
with the majority of the committee,
who have reported favorably on Senate
bill No. 33, entitled "An act to pro-
vide for the enrollment of the militia,
the organization and discipline of the
State guard, and for the public de-
fense." We very much regret that
differences of opinion should exist as
to the power of the Legislature to pass
such a law as is contemplated by the
hill reported by the majority ot the
committee, or as to the policy of such
a law.
We regret still more that the action
of the majority of the committee has
been sui h as to require from us a dis-
sent therefrom. But, believing, as we
do, that the bill is clearly in violation
of the Constitution ot the United
States and of the State of Texas, and
that if passed into a law would be ru-
inous in policy, we feci constrained to
submit this minority report, together
with our reasons for dissenting from
the conclusions arrived at by the ma-
jority of the committee. We are free
to admit that "a well regulated mili-
tia is necessary to the security of a free
State:'1 and if the bill under consid-
eration contemplated no more than
this, we would cheerfully favor its pas-
sage into a law, if not in violation of
the constitution. But it goes further,
and, under the mask of organizing
the militia, provides for calling into
active service, in time of peacc, a large
armed military force in the nature of a
standing army, whose numlicr is only
limited by' the will of the Executive,
TtSHMjjtfg power also to determine
what piuTSenjar persons are to be en-
rolled in thisforce, and to "reject, any
person offering himself for enrollment
in the same." This army is placed at
the unlimited control of the Governor,
and he is authorized to order the
whole oi-any part of it into active ser-
vice "in time of war, rebellion, insur-
rection, invasion, resistance of civil
process, Hfceach ot the peace or immi-
nent danger thereof."
It is also made "the duty of'the
Governor, whenever in his opinion the
enforcement of the laws of tjrfs State
is obstructed within any jiounty or
counties by combination /of lawless
men too strong for the control of the
civil authorities, -to declare such coun-
ty or counties under martial law, and
to suspend the laws therein.
"In this event, the Governor, by his
proclamation, shall designatethe coun-
ty or counties in which the laws are
to be suspended, and the Governor
shall call out such part of the State
guard or reserved militia or State po-
lice as may in his opinion be nccessary
to the suppression of disorder. The
expense of maintaining the State
guard or reserve militia, called into
active service under this section, may.
in whole or in part, in the discretion
of the Governor, be assessed upon the
people of the county orconntics where
the laws arc suspended. The Govern-
or may provide, and he may also pre-
scribe the necessary regulations there-
for, and may designate the officer or
officers who shall make such assess-
ment and collection thereof."
The bill further provides that "when-
ever the laws may be suspended, as
provided tor in the last preceding sec-
tion, it shall be the duty of the Gov-
ernor to provide for the trial and pun-
ishment of offenders, and the Governor
shall make all details of officers for
this purpose, and prescribe all neces-
sary regulations for the formation and
government of courts-martial and mil-
itary commissions established for this
purpose."
From these cjctracts, taken from the
bill under consideration, it. will be seen
that the Executive is authorized at
any time, when he has reason to be-
lieve that "a breach of the peace'' has
been made in any county of this State,
or that there is "imminent danger" of
a breach of the peace, to suspend all
the civil laws in such county, and to
declare martial law therein ; to station
in such county or counties as many
troops of his own selection, and offi-
cered by himself, as in his opinion may
be necessary for the suppression of dis-
order, and to tax the citizens of the
particular county where the troops are
so sent with the expense of the same;
to suspend the functions of all civil
officers, and to cause detailed military
officers to perform the duties that
should be performed by the regular
constituted civil authorities; to-cause
arrests and imprisonments to be made
without warrant or known cause; to
suspend the writ of habea* corpu*; to
try, condemn and punish supposed of-
fenders by courts-martial and military
commissions, thus depriving the citi-
zens of "the right to a speedy and
public trial by an impartial jury of
the State and district wherein the
crime shall have been committedto
hold a person, in no way connected
with the army or navy, to answer crim-
inal charges, otherwise than on indict-
ment or information; to close the
courts of the country, and thus de-
prive the person who has suffered in-
jury to his "lands, goods, person, or
reputation" of all remedy by due
course of law; to disregard and abro-
gate Section Xn of the Bill ot Rights,
which provides that "the right ot trial
hy jury shall remain inviolate;" to
deprive citizens of this State of life,
liberty and property, otherwise than
by due conrse of the ia* of the land;
to compel the citizens of the county in
which these troops may be sent to pay
the expenses of the same, furnish ra-
tions for the men.and forage for their
horses, without compenfiadon—.thus
taking private property for "public
use without just compensation being
mad?." In short, th* l.-ill %ror«Mv
reported by the majority of the com"
mittee seeks to create an army and
make the civil authority subordinate
and subservient thereto, with the Ex-
ecutive of the State as commander-in-
chief of the army thus provided lor.
We believe these powers have not
been delegated by the people to the
Legislature, but have been carefully
reserved and excepted out of the geii-
eral powers of government, and should
ever remain inviolate. We believe
I that in the administration of the gov-
ernment, the Executive, the Legisla-
ture, and every officer and citizen is
bound by, and entitled to. the benefits
of the following liberal guarantees:
"In all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial by an impar-
tial jury of the State and district
wherein the crime shall have been
committed, which district shall have
been previously ascertained by law.
and to be informed of the nature and
cause of the accusation.
"In all criminal prosecutions, the
accused shall have a speedy public
trial by an impartial jury. No person
shall be holdcn to answer for any
criminal charge, but oil indictment or
information, except in cases arising in
the land or naval forces, or offenses
against the laws regulating the militia.
"All courts shall be open, and every
person for 8n injury done him in his
lands, goods, person or reputation
shall have remedy by due course of
law.
"The right of trial by jury .shall re-
main inviolate.
"No person's property shall be taken
or applied to public use without just
compensation being made, unless by
the consent of such person.
"No citizen of this State shall be
deprived of life, liberty, property or
privileges, outlawed,'exiled, or in any
manner disfranchised, except by due
course of the law of the land.
"No power of suspending laws in
the State shail be exercised, except by
the Legislature, or its authority.
"The privileges of the writ of habeas
corpus shall not be suspended, except
by act of the Legislature, in case of
rel>ellion or invasion, when the public
safety may require it.
"The military shall, at ail times, be
subordinate to the civil authority."
These solemn constitutional guar-
antees were purchased with the blood
and treasury of centuries—they have
been extorted at the expense of the
lives of patriots and of tyrants, and
we believe they should now be respect-
ed, that they should bind the con-
science and govern, limit and control
the actions of all men. governors and
governed, magistrates and people, at
all times and under all circumstances;
and that any wilful disregard of these
organic laws would be alike danger-
ous to the stability of the Government,
the safety of the State and the liber-
ties of the people.
These guarantees should protec^J
plates such precedent g/ant cf author-
ity. and it may well be doubted
whether the Legislature can act until
an amendment to the constitution is
obtained. Until recently, the State
has been restrained from the estab.ish-
ment of a militia, and the right denied
as an inherent power of gin ernment in
the people.
The Constitution ot the United
States provides that Congress may
have power "to provide tor organizing,
arming, disciplining and calling forth
the militia to execute tlie laws of the
Union, suppress insurrection and repel
invasion." With power thus delegated
to the Federal Government, its whole
authority would be exercised in the
organization of a military force within
the State, should it become necessary,
for the suppression of rc!>ellion or re-
pelling invasion, and we may well ask
whether it is not in such contingency
only that any grant of authority could
be claimed as an inherent power insti-
fving the establishment ot a military
organization by the Legislature.
We have not been favored with the
arguments in support of the report of
the majority of the committee, but un-
stand it is urged by the friends of tin-
bill that as section twenty of article
one of the State Constitution provides
that "no power of suspending laws ir
the State shall be exercised except by
the Legislature or its authority," there
fore, by implication, the power is con
ferred on the Legislature, and that it i*
authorized to delegate this power to
others.
It is not denied that the Legislature
can make and also unmake laws, so
long as the limits assigned hv the con-
stitution to the exercise of this power
are not transcended, that the statute^
of the State are under the control and
at the disposal of the Legislature, and
they may either change, modify, abol
ish o'r suspend them for a given time,
or the Legislature may authorize some
particular person or agent to suspend
the operation of any particular statute
for a given time and for a fixed and
known purpose. But we cannot concui
in the idea that this authority to sus-
pend a law of the State can aulhorizt
the passage of a general law delegating
to a co-ordinate department cf th<
government the right and authority at
pleasure to suspend aad render nuga-
tory all the civil laws of the State,
whether organic or statutory. The
Legislature alone are authorized to de-
termine whether the laws are to be
suspended or to remain in force. The
bill under consideration would mak<
the enforcement or suspension of the
laws dependent alone on the will ol
the Executive.
If it were proposed to delegate this
discretionary power to the judiciary or
to the Supreme Court, would any one
be found brave --uough to attempt a
efense of the constitutionality of such
proposition ? If the judiciary cannht
ested with this power, can the-
V fejtive?
people against all usurpations; aga$T I J ps the power of suspending statu-
all exercise of martial law or military cannot certainly be construed
power over the citizcns in no way cen- lip P authority to suspend, or to au-
nected with the army or navy; against ptprize..4lle^ Governor to suspend, the
all arrests of judgments: against any xsjusrflfioii of the constitution. 8ection
punishment or exile of citizens, except'' twelve of the Bill of Rights declares
by lawful warrant, indictment or jnfor-
mation, of the properly constituted
civil judicial tribunals of the land;
and against all and every usurpation
of the civil authority by military
power.
But the bill under consideration, if
passed into a law and executed, would
offend against every constitutional
guarantee herein set forth. Every
such violation but tends to the sub
version of our Government and the
establishment of that anarchy which
has no solution but in perfect despo-
tism. While it is the duty of every
one to see that the laws are strictly
enforced, and vigilantly to guard the
great citadel of liberty, yet should we
thus sacrifice or trample under foot
these cardinal principles of constitu-
tional liberty? The maintenance of
the Government hy such means would
Imj the triumph of slaves, not freemen.
We believe this sacrifice unnecessary.
Full and ample authority iB given
by the bill to the Governor to suspend
all laws, including the writ of habeas
corpus, and this too in direct violation
of the Federal and State Constitution.
It is provided in the Federal Constitu-
tion that "the privilege of the writ of
habeas corpus shall not be suspended
unless when in cases of rebellion or in-
vasion, the public safety may require
it." And the State Constitution adopts
the precise phraseology, and gives the
power exclusively to the Legislature
in such case. In other words, it is
only when invasion or rebellion lias as-
sumed such proportions as that the
public safety may demand the suspen-
sion of the writ, that the Legislature
may act.
It requires the highest ict of sover-
eign authority to deprive the people
of the inestimable privileges of thi3
writ, and the Legislature is denied the
power to delegate its authority to
another.
The citizen is robbed of all protec-
tion to life or liberty by the removal
of the guarantees of this writ, and
thereby outlawed as unworthy of all
civil rights.
The British people have, since the
days of King John, looked to this
Magna Charta as the palladium of
their liberties—the distinguishing fea-
ture between free and despotic govern-
ment—and it would to-day cost the
Queen of Great Britain her crown and
her head, should she arbitrarily at-
tempt to suspend the privileges of
this writ, ner Parliament would not
be long in returning a denial to any
proposition investing her with the
power here sought to -be conferred on a
Governor of a free State.
It is only in cases of armed invasion
or rebellion, when the civil authority
is powerless to maintain its ascen-
dency, that the privileges of this writ
are suspended, and in such an event
under our Constitution, the Legisla-
ture is made the sole judge of the ne-
cessity of the case. An actual or
threatened breach of the peace, as pro-
vided in the bill, cannot be tortured
into an invasion or rebellion in which
the public safety may require a sus-
pension of this writ
It may be questioned whether or not
the Constitution of this State has de-
legated to the Legislature the authority
to provide by law for organizing and
disciplining the militia. Hie usual
provisions on this, subject fomtd in
most of the State constitutions and
heretofore embraced In the organic law
offhis State is "wanting in our consti-
tution. The power given to the Gov-
ernor ('> call forth the miliiis r.- atein-
that "the right of trial'bv jury shall re-
main inviolate," and section eighteen
declares "the military shall at all times
be subordinate to the civil authority,"
while section twenty-three, as if to
preclude the possibility of any doubt
on this subject, declares that 'to guard
against transgression of the nigh pow-
ers herein delegated, wc declare that
everything in this Bill of Rights is ex-
cepted out of the general powers of
government and shall forever remain
inviolate, and all law3 contrary thereto
* * * shall be void." The bill
under consideration is contrary there-
to and proposes, in clear and umnis-
takeable terms to violate these pro
visions of the Bill of Rights, and we
submit that such a law would be void.
If the Legislature can suspend, or au-
thorize the Governor to suspend, any
portion of the constitution, they car
suspend or authorize him to suspend
the entire instrument. If they can sus-
pend it or any portion of it, or author-
ize the Governor to do so, for one day
or for one hour, they can cause it to bi<'
suspended for all "time to come. If
they can do this by a law, in terms,
suspending it, they can do so hy im-
plication whenever any law mav be
passed conflicting with it To these
startling conclusions we must come, if
the positions assumed by the majority
of the committee arc correct.
We are unwilling to silently acqui-
esce in these violations. Hence, we
dissent from and protest against the
action of the majority of the commit-
tee. in recommending the passage of a
bill containing so many abnuxious and
dangerous provisions, and we respect-
fully ask that these reasons for dissent
be entered on the journals.
But if the bill under consideration
did not contain these obnoxious and
unconstitutional provisions, wc suggest-
that it would l)c bad policy to pass
such a law as is contemplated by it f--r
the fol lowing reasons:
First. No necessity exist? for it This
Legislature has not been furnished
with any evidence that war, insunec-
tioa or rebellion exists in aiy portion
of the State, or that invasions are be-
ing made into our territory by any for-
eign Siate or power, or th'.l the execu-
tion of the laws by the civil authorities
is-successfully resisted. But if such
emergencies shall hereafter arise, ren-
dering it necessary for the militia to
execute the laws, to suppress insurrec-
tion and repel invasion, we respectfully
suggest that the Governor is fully au-
thorized by article seven of the State
Constitution to avail himself of the en-
tire militia of the State for this pur-
pose. and to call forth all the arms-
bearing citizens for active service. We
cannot, by any law we can pa , in-
crease the number or efficiency of this
force or enlarge his powers over it.
Should the Executive find this force
insufficient to wett any further neces-
sity, then we suggest the- -national
troops now within the State would
readily be placed at his disposal, it
proper application be .made therefor.
And, if still the force should be insuffi-
cient, we think the Executive could
confidently and safelv appeal to (he-
General Government for all necc&ary
assistance }n such an emergency.
Second. Poubtless the law is occa-
sionally violated in different, portipns
oif the State, and thejre are, probably,
many .instances of "broaches of the
peacc,Tas wefl as, .also, frequent" "im-
minent-danger thereof It would be
extraordinaiy if such were hot the case.
No government. State or municipal,
has <*vcr without th-T-e occa-
sional offences being committed. But
we respectfully submit that a vigorous
execution of the law, with all necessjirv
assistance furnished the legally consti-
tuted agents for enforcing the saiuc.
and punishment of offenders under its
forma and authority, would l>e more
likely to vindicate the majesty of the
law and command respect for and obe-
dience to it and its agents than to place
it in the power of any or every wicked
person to cause the law to be suspend-
ed and the officers thereof silenced ia
their work of administering it, by
causing a breach of the peace or caus-
ing the impression to be made that
"itiiniiiient danger" thereof exists.
Such a course couid not fail to bring
into contempt and paralyze not only
the law, hut its administrators. We
prefer to make the law s terror to evil-
doers, rather than cause-evil-doers to'
be made a terror to the law. Instead
of providing for a suspension of the
law whenever it is violated, we should
provide every necessary assistance for
the civil officers charged with the duty
of executing and maintaining it, and
to insure that every citizen and resi-
dent shall receive the proper punish-
ment for every infraction there if. This
assistance should be placed at the dis-
posal-of and subordinate to the legally
constituted civil authorities. The bill
under consideration would place the
civil authorities at the disposal of and
subordinate to the conlca-plitcd -as-
sistance.
Third. The unanimity with which
the people of Tcxk voted to r itifv and
adopt the constitution, thus complying
promptly with ail the rcquiiuments of
the reconstruction laws, and ratifying
the thirteenth, fourteenth and fifteenth
amendments to the «onstitution of the
United States, shows how anxious they
were to terminate the military power
then governing the country and to re-
turn to civil government, ivpublicsn in
form and based on the great cardinal
principle underlying all free govern,
meats—the supremacy of civii autho:i-
ty over the military. Nine years of
experience had demonstrated to our
peopTc th-it, although war and military
power may often be necesvtrr to'
achieve liberty, yet this pticeleM but
sensitive lioon cannot lie preserved and
successfully maintained through these
instrumentalities—that all political
power is inhcreut in the people, and all
free governments are founded on their
authority aad instituted far their ben-
efit.
The bill undJ? consideration would
entail upon the country a military dci-
potism distasteful in all its feafcttM,
:tnd would clothe the Executive with
prwers c.f supreme dictation. It would
debase the civil authority to the sur-
veillance of a local State military
power. We believe the will of the peo-
ple so generally expressed should be
respected. _and that such an impor-
tant change in the form of our State
Government should not be made with-
out some expressed authority firota
them. If we are to return to military
rule, an important question arises,
whether it would not be wise andjuoiw ■
in accordance with the inclinations of
our people to invoke the aid and pro-
tection of the General Govertment to
carry into operation such a system
than to trust it to the management of
an inexperienced and irresponsible
local organization, from whose acts
and decisions there can be no appeal.
Entertaining these views as to the
power of the Legislature to pass such
a law, and as tifcthe policy of it. if w
had the authority, wc respectfully dis-
sent from the conclusions of the major-
ity of the committee, and recommend
that the bill do cot pass.
Amos ClArx.
G. R Saanxox.
Southern .Pacific Railroad,
Washington, May 17.
Senate—The Committee on Pacific
railroad unanimously reported Mr.
Kellog's bill No. 647 to-day, with
amendments that the eastern terminus
of the road shall lie -at or i>car Mar-
shall, Texas, running near the tbirty-
seccnd pcrrellel to El Paso, thence to
Ran Diego. California The capital
stock of this company shall consist of
one million shores of one hundred
dollars each. The roud shall be called
the Texas Pacific. The incorporators
meet within three months after the'
passage of the act As soon as 1 malt
thousand shares are subscribed, and
ten per cent paid into the incorpora-
tors, they will choose directors. The
company have power to consolidate
with any other company, and purchase
its franchise, and grant twenty sections
of public lands per mile on cach side
of the road, and granted with the
right of way from Marshall to San
Diego. • '' i
■The road is made a post road, and
the company authorized to issue con-
struction and mortgage bonds. . The,,
New Orleans. Baton Rouge and Yic'ctt-
bnrg road is made a connection, and
granted ten sections of land per mile
from the Texas line, east of Mta-nfe*)!,.
to New Orleans. The company wi l
organize under the laws of Arkansas,
'nd arc also msde to connect from *
Fulton, Arkansas, to a point near DaU
las. Texas. .
The Northern, Louisiana and Texas
Road is also authorized to extend
their line and connect with the eastern <
terminus of the Pacific Road.
The South Paciflic Railroad, of Csl- '
ifornia. running fr m San Francisco. '
authorized to conncct at a point on the ,
Rio Colorado river in BoutheaOara
California, and is also given a gi?int
the same as the New Orleans and 'Ba-
ton Rouge road. The companv are to
acecpt terms of grant within one year-,
after the passage of the act, and five _
hundred miles of the said are to "be*
completed within two jean after pas-
sage of the aet^ _.
Melancholy Accident.—On Tuea-
day last, a little daughter
thnr of this place, eight years of age, •
while in the act of letting the bucket
down in the well, was precipitated U>
the bottom and instantly killed,"tfie*
head of the child striking a jinn* bir
piecc of kerbing at the bottom of the
well, breaking theskulj^jid scattering
the brains. It is supposed the .rope
was on the outside, in which (belittle
child became entangled.sarfd to trying
to manage the bucket- waa rapidlv "
plunged in the well by rtie veichfraad, .
force of the buck, This melapcholr
occurrence tcachei*paiw>fs how wtfril
and watchful-they sliottM'be in •fof*''*
bidding little children Mi. play
wells. The shock is aeccro.fo f(
ents, and" the conri3£Uy jryms
"th them in tl4Tsad temBirtiftia
JBai-rop Advertiser.
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Davenport, J. H. & Ramsey, A. K. The Belton Weekly Journal (Belton, Tex.), Vol. 4, No. 23, Ed. 1 Saturday, May 28, 1870, newspaper, May 28, 1870; Belton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth233475/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.